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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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