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18 U.S.C. § 1116Murder or manslaughter of foreign officials, official guests, or internationally protected persons

submitted 54 years ago by Pub. L. 92-539 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 602 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section punishes killing or trying to kill a foreign official, official guest, or protected person. It defines those terms and lets the United States prosecute some killings that happen abroad. The Attorney General may ask federal, state, or local agencies, including the military, for help enforcing it.

(a) Anyone who kills or tries to kill a "foreign official," "official guest," or "internationally protected person" faces the same punishments that apply to murder and manslaughter elsewhere in this title. (b) This section defines several terms. "Family" means a spouse, parent, sibling, child, or someone the foreign official or protected person stands in loco parentis to, meaning acts as a parent for, or anyone else living in that person's household who is related to them by blood or marriage. "Foreign government" means the government of a foreign country, whether or not the United States recognizes it. "Foreign official" means a head of state or equivalent — a president, vice president, prime minister, ambassador, foreign minister, or another cabinet-rank-or-higher official of a foreign government, or the chief executive of an international organization, or anyone who previously held such a position — plus any family member, while in the United States; and also any foreign national duly notified to the United States as an officer or employee of a foreign government or international organization who is in the United States on official business, plus any family member whose presence here is tied to that officer or employee's presence. "Internationally protected person" means a head of state or equivalent, head of government, or foreign minister, whenever outside their own country, plus accompanying family; or any other United States, foreign government, or international-organization representative, officer, employee, or agent who is entitled under international law to special protection against attacks on their person, freedom, or dignity at the relevant time and place, plus family members then part of their household. "International organization" means a public international organization officially designated as such under the International Organizations Immunities Act, or a public organization created by treaty or other international agreement for two or more foreign governments to conduct some part of their international affairs together. "Official guest" means a citizen or national of a foreign country present in the United States as an official guest of the United States government, as designated by the Secretary of State. "National of the United States" has the meaning given in the Immigration and Nationality Act. (c) If the victim of a killing under (a) is an internationally protected person located outside the United States, the United States can still prosecute if the victim works for or represents the United States, the offender is a United States national, or the offender is later found within the United States — which, for this purpose, includes certain U.S.-controlled areas defined elsewhere in this title and in the aircraft-piracy law, covering places like U.S. vessels and aircraft. (d) In enforcing this section, including against conspiracies or attempts to violate it, the Attorney General can ask any federal, state, or local agency for help, including the Army, Navy, and Air Force, regardless of any other statute, rule, or regulation that might otherwise get in the way.

facts

- Citation: 18 U.S.C. § 1116, titled "Murder or manslaughter of foreign officials, official guests, or internationally protected persons," located in Title 18 of the U.S. Code. - Enacted by Pub. L. 92–539, title I, § 101, on October 24, 1972 (86 Stat. 1071). - Length: 602 words. - Amendment history: Amended 9 times, most recently by Pub. L. 104–294, § 601(g)(2), on October 11, 1996.
the actual law source: uscode.house.gov ↗public domain
(a)

Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title.

(b)

For the purposes of this section:

(1)

“Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.

(2)

“Foreign government” means the government of a foreign country, irrespective of recognition by the United States.

(3)

“Foreign official” means—

(A)

a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

(B)

any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

(4)

“Internationally protected person” means—

(A)

a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or

(B)

any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

(5)

“International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

(6)

“Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

(7)

“National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(c)

If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49.

(d)

In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

Source credit: (Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071; amended Pub. L. 94–467, § 2, Oct. 8, 1976, 90 Stat. 1997; Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97–351, § 3, Oct. 18, 1982, 96 Stat. 1666; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title VI, § 60003(a)(5), title XXXIII, § 330006, Sept. 13, 1994, 108 Stat. 1969, 2142; Pub. L. 104–132, title VII, § 721(c), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104–294, title VI, § 601(g)(2), Oct. 11, 1996, 110 Stat. 3500.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-539 · 86 Stat. 1071
  • 1976Amended · Pub. L. 94-467 · 90 Stat. 1997
  • 1977Amended · Pub. L. 95-163 · 91 Stat. 1286
  • 1978Amended · Pub. L. 95-504 · 92 Stat. 1705
  • 1982Amended · Pub. L. 97-351 · 96 Stat. 1666
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1373
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1969, 2142
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1298
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3500
The record establishes that this section was added by Public Law 92-539, title I, § 101, enacted October 24, 1972, and published at 86 Stat. 1071. According to the source credit, the section has since been amended nine times, by Public Laws 94-467 (1976), 95-163 (1977), 95-504 (1978), 97-351 (1982), 103-272 (1994), 103-322 (1994, in two separate provisions), 104-132 (1996), and 104-294 (1996). This pattern indicates a section that has been revisited repeatedly over roughly a quarter century, though the source credit does not itself describe the substance of each change. Historical context: Public Law 92-539 is commonly cited as legislation enacted in the early 1970s in response to a series of high-profile attacks and kidnappings targeting diplomats and other internationally protected persons, a period in which such incidents drew international attention and prompted corresponding treaty activity, including efforts under the United Nations to establish protections for diplomatic personnel. The Act is generally understood to have been part of the United States' effort to align domestic criminal law with emerging international obligations concerning the protection of foreign officials and diplomats. Beyond this general understanding of the 1972 Act's origins, the record does not establish the specific legislative motivations behind each subsequent amendment, and no inference should be drawn about the intent behind particular later changes without further documentation.

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