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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/rethdfr0039 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 3D PART I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1. INTERNATIONAL LAW: CHARACTER AND SOURCES § 102. Sources of International Law U.S.C.M.C.R.2017. Quot. in disc.; subsecs. (2) and (3) cit. in ftn. Criminal defendants charged by the United States with involvement in terrorist attacks that occurred in the United States sought dismissal of the charges for attacking civilian objects and for destruction of property in violation of the law of war. The capital military commission dismissed those charges with prejudice as barred by the applicable statute of limitations. This court reversed and remanded, holding that the court-martial statute of limitations did not apply to law-of-war offenses before a military commission, based, in part, on customary international law establishing that statutes of limitations were not applicable to war crimes. Recognizing that customary international law was a part of the law of the United States, the court quoted Restatement Third of Foreign Relations Law § 102 to explain that customary international law resulted from a general and consistent practice of states followed by them from a sense of legal obligation. United States v. Mohammad, 280 F.Supp.3d 1305, 1322, 1324. D.P.R.2017. Subsec. (3) quot. in sup. After the U.S. Coast Guard recovered a large quantity of drugs from a vessel without nationality in international waters, four foreign nationals who were found on the vessel were indicted on drug-related charges under the Maritime Drug Law Enforcement Act. This court denied defendants' motions to dismiss the indictment, holding, among other things, that the Act, as applied to vessels without nationality in international waters, was a proper exercise of Congress' express power to define and punish Offences against the Law of Nations under the Offences Clause of the Constitution, because it defined and punished offenses under an international treaty to which the United States was a party. The court explained that, under Restatement Third of Foreign Relations Law § 102, treaties were a source of legal obligation under international law. United States v. Clark, 266 F.Supp.3d 573, 583. PART IV. JURISDICTION AND JUDGMENTS CHAPTER 1. JURISDICTION TO PRESCRIBE SUBCHAPTER A. PRINCIPLES OF JURISDICTION TO PRESCRIBE § 403. Limitations on Jurisdiction to Prescribe C.A.2, 2017. Cit. in case quot. in ftn. (general cite). Creditors who had obtained judgments against Iran and its Ministry of Intelligence and Security sought to enforce the judgments by executing on certain For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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