§1119 Foreign Murder of United States Nationals

Summary

Makes it a federal crime when a U.S. national kills or tries to kill another U.S. national while the victim is outside the United States but under another country's control. "National of the United States" means what 8 U.S.C. 1101(a)(22) says. Punishment follows 18 U.S.C. 1111, 1112, and 1113. Prosecution under this rule must have written approval from the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, and that approval cannot be passed to anyone else. A case cannot be approved if the foreign country already prosecuted the person. The Attorney General, after consulting the Secretary of State, must also find the person is not in that country and the country cannot lawfully secure their return. That finding cannot be reviewed by a court.