This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's territorial sovereignty to apprehend terrorists and bring them to justice. Finally, this article examines the potential consequences of using such forceful measures to international relations, particularly when United States' allies with sophisticated legal systems and proper jurisdictional claims are equally willing to prosecute terrorists themselves.
Catherine C. Fisher,
Recent Development--U.S. Legislation to Prosecute Terrorists: Antiterrorism or Legalized Kidnapping?,
18 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol18/iss4/5