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Case Citations [1] (July 2019 - August 2020)

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       THE FOREIGN RELATIONS LAW OF THE

                            UNITED STATES 3D




                        PART   IV. JURISDICTION AND JUDGMENTS

                        CHAPTER 1. JURISDICTION TO PRESCRIBE

               SUBCHAPTER A. PRINCIPLES OF JURISDICTION TO PRESCRIBE

§ 402. Bases of Jurisdiction to Prescribe

C.A.D.C.2020.  Cit. in sup. Criminal defendants who attacked two American law-enforcement officers
in Mexico, killing one and wounding the other, appealed from their convictions for killing an officer of
the United States in violation of 18 U.S.C. § 1114, using a firearm while committing a crime of violence
in violation of § 924(c), and killing certain persons protected under international law in violation of
§ 1116. This court vacated defendants' convictions under § 1114 and remanded for limited re-
sentencing, holding that one of the officers only qualified for protection under § 1114, which did not
apply extraterritorially. The court noted, however, that both § § 924(c) and 1116 applied extraterritorially
under the protective principle as set forth in Restatement Third of Foreign Relations Law § 402 and
Restatement Fourth of Foreign Relations Law § 412, which allowed a state to exercise jurisdiction to
protect its officials overseas. United States v. Garcia Sota, 948 F.3d 356, 362.

§ 403. Limitations on Jurisdiction to Prescribe

D.Mass.2019.  Cit. in sup.; subsec. (1) quot. in sup. Residents of a city in Haiti sued former mayor of the
city, alleging that defendant committed human-rights abuses in Haiti in violation of the Torture Victim
Protection Act (TVPA) before fleeing to the United States. This court denied defendant's motion to
dismiss plaintiff's TVPA claim, and denied defendant's subsequent motion for reconsideration, but
granted his motion for certification of an interlocutory appeal. In response to defendant's argument that
the exercise of jurisdiction over domestic crimes within another country between persons who were not
United States citizens was unconstitutional as violative of the law of nations, this court explained that it
was not persuaded that its exercise of jurisdiction in this case was unconstitutional or a clear error of law
that had to be reconsidered under the factors set forth in Restatement Third of Foreign Relations Law
§ 403, noting that courts had previously permitted TVPA claims to proceed in cases where neither the
defendant nor the victim was a U.S. citizen at the time of the alleged torture and in which the torture
took place outside the United States. Boniface v. Viliena, 417 F.Supp.3d 113, 121.

E.D.Mo.2019.  Cit. and quot. in sup.; subsecs. (2)(a)-(h) cit. and quot. in sup.; Rptr's Note 6 quot. in sup.
Peruvian children who lived near a lead smelter in Peru sued United States owners and operators of the
smelter, their Peruvian subsidiary, and their directors and officers, seeking damages for injuries
allegedly sustained as a result of exposure to toxic lead emissions from the smelter. This court denied
defendants' motions to dismiss, holding that dismissal premised on international comity grounds was not

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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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