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To: SJackson
As a matter of course the U.S. does not have -- nor does it even seek -- the authroity to prosecute crimes committed against U.S. citizens in foreign countries. Traveling on a U.S. passport does not provide you with the full backing of the U.S. government to prosecute any crimes that may be committed against you.

There is an angle to this story that probably would have bothered the hell out of me at the time, though. From what I've read, Stethem was apparently on active duty and was traveling back to the U.S. on leave or for re-assignment. It would seem to me that having active soldiers flying on commercial airlines like this -- particularly through an airport in Athens that was notorious for its lax airline security -- would represent a serious risk. Was this point even discussed at the time?

138 posted on 12/20/2005 10:49:54 AM PST by Alberta's Child (What it all boils down to is that no one's really got it figured out just yet.)
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To: Alberta's Child
As a matter of course the U.S. does not have -- nor does it even seek -- the authroity to prosecute crimes committed against U.S. citizens in foreign countries.

We do, as do most nations, based on the principle of passive personality as it exists in international law. The FBI often investigates crimes against Americans overseas, and offers rewards of information in all cases except Americans murdered in Israel. Generally prosecution is limited to cases where local officials refuse to act, but our jurisdiction isn't limited in that way. If we want to prosecute this murder, we can. We can and occasionally do also prosecute crimes of American citizens committed overseas. I believe this is becoming an issue in internet law.

146 posted on 12/20/2005 11:02:27 AM PST by SJackson (There's no such thing as too late, that's why they invented death. Walter Matthau)
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To: Alberta's Child

Understand your point but you are wrong in this instance. 18 USC 32 makes it a federal offense to hijack an aircraft wherever the hijacking may occur. And if a death occurs, the crime is subject to the death penalty. 18 USC 34. Jurisdiction is based on the old common law theory of "universal jurisdiction that was applicable to pirates.

I understand the points you and Michael are making about the German justice system, and you have more grounds than us to be outraged since it is your system (I would be furious if a murder here was out in 15), but in this case they should have honored the extradition request rather than taken over a case which, as you acknowledge, they had no real connection to.

Also, active duty personal flying on commercial flights is a fairly common practice.


165 posted on 12/20/2005 12:29:14 PM PST by Steelerfan
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