Hostage taking act
Encyclopedia
The United States
makes hostage-taking a criminal offense pursuant to 18 U.S.C. 1203. Generally, the Act applies to conduct occurring within the territory of the United States
. However, under Subsection B, an offender may be indicted under the Act even if the hostage-taking occurred outside the territory of the United States if the "offender or the person seized or detained is a national of the United States; the offender is found in the United States; or the governmental organization sought to be compelled is the Government of the United Stages." These provisions are consistent with the fundamental principles of international criminal law
, specifically active nationality principle, universal principle, and the effects principle, respectively.
for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
(b) It is not an offense under this section: If the conduct required for the offense occurred outside the United States unless—
If the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.
(c) As used in this section, the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).
The hostage taking act is a subsection of the 1979 United Nations General Assembly Sixth Committee's treaty, International Convention Against the Taking of Hostages. It became enforceable in the United States on January 6, 1985.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
makes hostage-taking a criminal offense pursuant to 18 U.S.C. 1203. Generally, the Act applies to conduct occurring within the territory of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. However, under Subsection B, an offender may be indicted under the Act even if the hostage-taking occurred outside the territory of the United States if the "offender or the person seized or detained is a national of the United States; the offender is found in the United States; or the governmental organization sought to be compelled is the Government of the United Stages." These provisions are consistent with the fundamental principles of international criminal law
International criminal law
International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against...
, specifically active nationality principle, universal principle, and the effects principle, respectively.
18 USC 1203: Hostage Taking Act
(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonmentImprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
(b) It is not an offense under this section: If the conduct required for the offense occurred outside the United States unless—
-
- (A) the offender or the person seized or detained is a national of the United StatesCitizenship in the United StatesCitizenship in the United States is a status given to individuals that entails specific rights, duties, privileges, and benefits between the United States and the individual...
; - (B) the offender is found in the United StatesUnited States territoryUnited States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
; or - (C) the governmental organization sought to be compelled is the Government of the United StatesFederal government of the United StatesThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
.
- (A) the offender or the person seized or detained is a national of the United States
If the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.
(c) As used in this section, the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).
The hostage taking act is a subsection of the 1979 United Nations General Assembly Sixth Committee's treaty, International Convention Against the Taking of Hostages. It became enforceable in the United States on January 6, 1985.