United States of America
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
The US Military Extraterritorial Jurisdiction Act (2000), under a provision entitled “Delivery to authorities of foreign countries”, provides:
(a) Any person designated and authorized … may deliver a person described in section 3261(a) [“whoever engages in conduct outside the United States that would constitute an offence punishable by imprisonment for more that 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States – (1) while employed by or accompanying the Armed Forces outside the United States; or (2) while a member of the Armed Forces”] to the appropriate authorities of a foreign country in which such person is alleged to have violated section 3261(a) if
(1) appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offence under the laws of that country; and
(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party.
The US Intelligence Reform and Terrorism Prevention Act (2004) states with regard to the treatment of aliens who commit acts of torture, extrajudicial killings or other atrocities abroad:
Sec. 5505. Establishment of the Office of Special Investigations.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.—Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following:
(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where appropriate, to take legal action to denaturalize any alien described in section 212(a)(3)(E) [relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings].
(2) The Attorney General shall consult with the Secretary of Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E).
(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E), consideration shall be given to—
(A) the availability of criminal prosecution under the laws of the United States for any conduct that may form the basis for removal and denaturalization; or
(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a prosecution for such conduct.