There would be US jurisdiction over the murder if the person committing the murder was a US national and Iraq did not have jurisdiction over the prison at the time of the death.
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18 U.S.C. § 7 - Special maritime and territorial jurisdiction of the United States defined
The term "special maritime and territorial jurisdiction of the United States", as used in this title, includes:
(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.
U.S. Code 18 U.S.C. § 7(7)
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For example, the US has jurisdiction over crimes committed by US nationals in Antarctica. Smith v. United States, 507 U.S. 197, 217 (1993).
I have no idea whether an Iraqi court has jurisdiction in this matter, but if not, the person can be prosecuted in the US. Otherwise, I guess he'll enjoy his stay in Iraq.
Also, if the person committing the murder tortured the victim first, there is US jurisdiction if the person committing the torture is a US national.
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18 U.S.C. § 2340A - Torture
(a) Offense. -
Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction. -
There is jurisdiction over the activity prohibited in subsection (a) if -
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
U.S. Code 18 U.S.C. § 2340A
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18 U.S.C. § 2340 - Definitions
As used in this chapter -
(1) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from -
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
(3) "United States" includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 46501(2) of title 49.
U.S. Code 18 U.S.C. § 2340 |
