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Case Citations [1] (Spring 2025)

handle is hein.ali/restfourfull4213 and id is 1 raw text is: * THE AMERICAN LAW INSTITUTE Spring 2025 Citations THE FOREIGN RELATIONS LAW OF THE UNITED STATES 4TH: SELECTED TOPICS IN TREATIES, JURISDICTION, AND SOVEREIGN IMMUNITY PART IV. JURISDICTION, STATE IMMUNITY, AND JUDGMENTS CHAPTER 1. PRESCRIPTION SUBCHAPTER A. EXERCISE OF PRESCRIPTIVE JURISDICTION BY THE UNITED STATES § 402. United States Practice with Respect to Jurisdiction to Prescribe C.A.9, 2024. Subsec. (1) and coms. (e)-(k) cit. in sup. Syrian national, who was charged with violating federal criminal statutes by designing or creating remote detonator switches for improvised explosive devices used by an insurgent group to kill or injure American troops in Iraq, appealed his conviction. The district court denied defendant's motion to dismiss a charge of conspiracy to maliciously damage or destroy United States government property by means of an explosive, in which defendant argued that the statute did not apply extraterritorially, and entered judgment on a jury verdict convicting defendant. Affirming that portion of the decision, this court held that defendant's nationality did not counsel against exterritorial application of the statute. The court reasoned, in part, that two of the five theories of international criminal jurisdiction listed in Restatement of the Law Fourth, The Foreign Relations Law of the United States: Selected Topics in Treaties, Jurisdiction, and Sovereign Immunity § 402 supported the assertion of jurisdiction over defendant, including the passive personality principle, in which jurisdiction was based on the nationality of the victim regardless of the accused's nationality, and the protective principle, in which jurisdiction was based on whether a national interest or national security was threatened or injured by the conduct in question. United States v. Alahmedalabdaloklah, 94 F.4th 782, 809. COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.