§1119 Foreign Murder of United States Nationals

Summary

A U.S. national who kills or tries to kill another U.S. national while both are outside the United States but in another country can be punished under U.S. laws for murder, manslaughter, or attempted killing. "national of the United States" — the meaning given in U.S. immigration law. No case under this rule can start unless the Attorney General, the Deputy Attorney General, or an Assistant Attorney General gives written approval. They cannot delegate that power. Approval is barred if the foreign country already prosecuted the same act. The Attorney General, after consulting the Secretary of State, must also decide the person is no longer in that country and that the country cannot legally return the person. That decision cannot be reviewed by a court.