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§70505 Failure to comply with international law as a defense

Title 46 › Subtitle Subtitle VII— - Security and Drug Enforcement › Chapter CHAPTER 705— - MARITIME DRUG LAW ENFORCEMENT › § 70505

Last updated Apr 6, 2026|Official source

Summary

People charged under section 70503 or in civil cases under section 70508 cannot claim that international law was ignored to defend themselves. Only a foreign nation may make that claim, and courts keep the power to decide the case.

Full Legal Text

Title 46, §70505

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A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7050546 App.:1903(d).Pub. L. 96–350, § 3(d), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, § 1138(a)(4), Oct. 19, 1996, 110 Stat. 3989.

Editorial Notes

Amendments

2008—Pub. L. 110–407 substituted “this title, or against whom a civil

Enforcement

proceeding is brought under section 70508,” for “this title”.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70505

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73