Ali Shokrane
posted 3 years ago
Which countries grant extraterritoriality to US citizens?
A historical example would be the Treaty of Wanghia, signed with China in 1844, that granted extraterritoriality to US citizens. Article XXI of the aforementioned treaty provides that: "citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or another public functionary of the United States, thereto authorized according to the laws of the United States ..." A more recent instance would be when a US soldier located in Japan commits a crime against a US citizen in Japan. In that case, Japanese courts shall have no jurisdiction to exercise over the committed crime in Japan because of the U.S.–Japan Status of Forces Agreement (SOFA) that grants extraterritoriality to specific US military members. The question is: In which foreign countries does the United States currently enjoy the right to exercise extraterritorial jurisdiction over the cases where an American is accused of wrongdoing? EDIT: A preliminary search reveals that the Brunei Peace, Friendship, Commerce and Navigation Treaty still grants extraterritoriality to US citizens. The treaty was signed in 1850, and is still in force as of January 1, 2018 according to the Treaties in Force (TIF) publication of the US Department of State. Article IX: "... in all cases where a citizen of the United States shall be accused of any crime committed in any part of His Highness' dominions the person so accused shall be exclusively tried and adjudged by the American Consul, or other officer duly appointed for that purpose ..." Are there any more such examples?
  • United States
  • Criminal Litigation

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