# What would happen if an American assassinated a foreign leader?

**URL:** <https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852>\
**Category:** Factual Questions\
**Created:** [September 20, 2007, 8:32am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852 "2007-09-20T08:32:24Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![Fireclown](https://avatars.discourse-cdn.com/v4/letter/f/f19dbf/32.png) [@Fireclown](https://boards.straightdope.com/u/Fireclown)\
**Post date:** [September 20, 2007, 8:32am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/1 "2007-09-20T08:32:24Z")

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Suppose Joe Blow in Anytown, USA decides he has heard enough anti American ranting from the head of state of country XYZ. Mr Blow goes travels to XYZ, pops a cap in the guy, and escapes back to America. When it is discovered that Joe is responsible, what happens next?

I am sure he is going to jail. He certainly violated the laws of XYZ, probably some international law too, but I’m not sure what United States law. Can he be extradited?

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [September 20, 2007, 9:19am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/2 "2007-09-20T09:19:12Z")

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If Joe Blow had an accomplice he could be on the hook for violating [18 U.S.C. 956](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC956) (“Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country”). This applies as long as Joe Blow did his conspiring within the jurisdiction of the United States, even if his co-conspirator(s) never set foot in the U.S.–say he’s e-mailing back and forth with them (or sending telegrams).

If he’s just a Lone Gunman who goes over and blows away the President of Ruritania, though, I’m not sure there’s any U.S. law he could be prosecuted under; I suppose it would come down to extradition treaties.

(IANAL.)

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**Author:** ![Szlater](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@Szlater](https://boards.straightdope.com/u/Szlater)\
**Post date:** [September 20, 2007, 9:29am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/3 "2007-09-20T09:29:15Z")

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[US Code TITLE 18 PART II —EXTRADITION](http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_II_20_209.html)

For a list of countries with extradition treaties with the US look here: [list](http://en.wikipedia.org/wiki/List_of_United_States_extradition_treaties)

And a wikiarticle on extradition: [link](http://en.wikipedia.org/wiki/Extradition_law_in_the_United_States)

From what I’ve read at those links, and IANAL, if there’s a treaty and the prosecuting country provides the required evidence, then Joe is going to stand trial outside the US for his crimes. If there’s no treaty the Secretary of State makes the decision as to whether Joe goes.

If Joe was a Brit, he would not be extradited from the UK to anywhere he would face the death penalty should he be convicted, except if it is assured that the death penalty is off the table.

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**Author:** ![KGS](https://avatars.discourse-cdn.com/v4/letter/k/90ced4/32.png) [@KGS](https://boards.straightdope.com/u/KGS)\
**Post date:** [September 20, 2007, 4:52pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/4 "2007-09-20T16:52:25Z")

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So if I took a round-trip flight to Karachi, found Osama bin Laden, popped a cap in his dome & flew home…I could be extradited back to Pakistan and tried for murder?

Well, shit. There goes my weekend.

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**Author:** ![J\_Cubed](https://avatars.discourse-cdn.com/v4/letter/j/c6cbf5/32.png) [@J\_Cubed](https://boards.straightdope.com/u/J_Cubed)\
**Post date:** [September 20, 2007, 5:41pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/5 "2007-09-20T17:41:09Z")

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[QUOTE=KGS]  
So if I took a round-trip flight to Karachi, found Osama bin Laden, popped a cap in his dome & flew home…I could be extradited back to Pakistan and tried for murder?

Well, shit. There goes my weekend.  
[/QUOTE]

No, go ahead. I’m sure some strings would be pulled on your behalf. But if you took out some legitimate member of Pakistani society, well, you’re own.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [September 20, 2007, 7:30pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/6 "2007-09-20T19:30:32Z")

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> [@](#):
>
> Enacted to implement United States treaty obligations under two international conventions concerning terrorist acts that threaten the maintenance of normal international relations, Federal statutes specifically protect any Chief of State, head of government or Foreign Minister and their families when they are out of their own country. As a general rule, they also protect diplomatic personnel protected by the Vienna Conventions while they are out of their own country. Federal extraterritorial criminal jurisdiction exists over the murder, kidnapping, assault or threats to murder, kidnap or assault an internationally protected person (IPP) when: (1) the victim IPP is a representative, officer, employee, or agent of the United States government; (2) the perpetrator of the offense against any IPP anywhere in the world is subsequently found in the United States; or (3) effective as of April 24, 1996, the perpetrator is a national of the United States. See USAM 9-65.800, et seq.

> **[Department of Justice | Homepage | United States Department of Justice](https://www.justice.gov/)**
>
> Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal...

Here is the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents(New York, 14 December 1973) [OFFICE OF LEGAL AFFAIRS |](http://untreaty.un.org/English/TreatyEvent2003/Texts/treaty14E.pdf)

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [September 20, 2007, 11:52pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/7 "2007-09-20T23:52:31Z")

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Previous thread on this topic: [Would the US extradite the assassin of a hostile leader?](http://boards.straightdope.com/sdmb/showthread.php?t=422252)

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [September 21, 2007, 4:21am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/8 "2007-09-21T04:21:35Z")

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[QUOTE=Szlater]  
it is assured that the death penalty is off the table.  
[/QUOTE]  
And it would be, until Joe lands in the foreign country. At that point, Joe’s life is worth about as much as a tick on a warthog’s ass.

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**Author:** ![T\_SQUARE](https://avatars.discourse-cdn.com/v4/letter/t/9de053/32.png) [@T\_SQUARE](https://boards.straightdope.com/u/T_SQUARE)\
**Post date:** [September 21, 2007, 5:31am UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/9 "2007-09-21T05:31:46Z")

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I was in Cambodia once, and saw a rather disturbing sign in English depicting an adult holding hands with a little kid, with the slogan like “Molest a child in this country, go to jail in yours.” A believe there was some small print indicating that the US helped pay for the sign, and were on board with the deal. But is that is a special case? I have certainly never molested a child in Cambodia, but I have fired up a big ole J in Amsterdam. What if I shot a man in Rio, just to watch him die? If the US didn’t want to deal with extradition, could they lock me up at home?

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**Author:** ![fortytwo](https://avatars.discourse-cdn.com/v4/letter/f/f9ae1b/32.png) [@fortytwo](https://boards.straightdope.com/u/fortytwo)\
**Post date:** [September 21, 2007, 12:20pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/10 "2007-09-21T12:20:54Z")

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[QUOTE=T\_SQUARE]  
I was in Cambodia once, and saw a rather disturbing sign in English depicting an adult holding hands with a little kid, with the slogan like “Molest a child in this country, go to jail in yours.” A believe there was some small print indicating that the US helped pay for the sign, and were on board with the deal. But is that is a special case? I have certainly never molested a child in Cambodia, but I have fired up a big ole J in Amsterdam. What if I shot a man in Rio, just to watch him die? If the US didn’t want to deal with extradition, could they lock me up at home?  
[/QUOTE]

Depending on when you visited, it might have had some connection to [Gary Glitter](http://news.bbc.co.uk/1/hi/world/asia-pacific/2635489.stm)

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**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\
**Post date:** [September 21, 2007, 1:11pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/11 "2007-09-21T13:11:38Z")

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[QUOTE=T\_SQUARE]  
I was in Cambodia once, and saw a rather disturbing sign in English depicting an adult holding hands with a little kid, with the slogan like “Molest a child in this country, go to jail in yours.” A believe there was some small print indicating that the US helped pay for the sign, and were on board with the deal. But is that is a special case?  
[/QUOTE]  
It’s a special case: the [PROTECT Act of 2003](http://thomas.loc.gov/cgi-bin/query/D?c108:6:./temp/~c108mlXYYi::), among other things, makes it illegal for U.S. residents to travel abroad for the purposes of having sex with children (under 16), regardless of whether or not it’s a crime in the country visited. (See Section 105 of the link.)

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [September 21, 2007, 1:26pm UTC](https://boards.straightdope.com/t/what-would-happen-if-an-american-assassinated-a-foreign-leader/419852/12 "2007-09-21T13:26:43Z")

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Here are a couple of other threads on related topics:

[Can you be prosecuted for a US crime committed in another country?](http://boards.straightdope.com/sdmb/showthread.php?t=334052)

[Risks of sex tourism in Thailand](http://boards.straightdope.com/sdmb/showthread.php?t=333776)

And a staff report about extra-territorial jurisdiction:

[In international waters, are you beyond the reach of the law?](http://www.straightdope.com/mailbag/mlawofsea.html)
