§1119 Foreign murder of United States nationals

Summary

If a U.S. national kills or tries to kill another U.S. national while both are outside the United States but inside another country’s legal area, the person can be punished under the federal murder and manslaughter laws (18 U.S.C. 1111, 1112, and 1113). "National of the United States" means what section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) says. A U.S. prosecution for that crime can only start with written approval from the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, and that approval power cannot be passed to someone else. The U.S. will not approve a case if a foreign country already tried the person for the same act. The Attorney General, after consulting the Secretary of State, must also decide that the accused is no longer in the country where the act happened and that the country cannot lawfully get the person back. That decision cannot be reviewed by a court.