Hostage Taking in the United States
- 1 Hostage Taking in the United States
Main Elements of a Claim Under § 1605A FSIA
According to research about Hostage taking from the Federal Judicial Center:The statute adopts the definition of “hostage taking” used in Article 1 of the International Convention Against the Taking of Hostages, according to which hostage taking occurs when a person “seizes or detains and threatens to kill, to injure or to continue to detain another person . . . in order to compel a third party. . . to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage. . . .” An essential element of this claim is that the “intended purpose of the detention be to accomplish the sort of third-party compulsion described in the convention.”300 For instance, in Price v. Socialist People’s Libyan Arab Jamahiriya, this compulsion element was not satisfied when the detention of the plaintiffs was undertaken to “express support for illegal behavior” rather than to compel a third party to act.301 Additionally, because the definition of “hostage taking” focuses on the state of mind of the individual detaining the hostages, it is not necessary for the hostage-taker to communicate his or her intended purpose to a third party in order for the element to be fulfilled. Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.
Hostage Recovery Activities: Presidential Memoranda
Presidential Memoranda regarding with the U.S. Nationals Taken Hostage Abroad and Personnel Recovery Efforts (June 24, 2015):
“For the purposes of the Presidential directive about this subject, hostage-taking is defined as the unlawful abduction or holding of a person or persons against their will in order to compel a third person or governmental organization to do or abstain from doing any act as a condition for the release of the person detained.
The 21st century has witnessed a significant shift in hostage-takings by terrorist organizations and criminal groups abroad. Hostage-takers frequently operate in unstable environments that challenge the ability of the United States Government and its partners and allies to operate effectively. Increasingly, hostage-takers target private citizens — including journalists and aid workers — as well as Government officials. They also utilize sophisticated networks and tactics to derive financial, propaganda, and recruitment benefits from hostage-taking operations. The United States Government’s response to hostage-takings must evolve with this ever-changing landscape.
The taking of a U.S. national hostage abroad is a violation of Federal law, and the United States Government is committed to prosecuting and punishing individuals and groups responsible for hostage-taking and related crimes committed against U.S. nationals.
Family and Hostage Engagement
All interactions with the family should be undertaken with the utmost professionalism, empathy, and sensitivity to the psychological and emotional disruption the family is experiencing and should be informed by the family’s needs, wishes, and rights. (…)
The United States Government shall provide the hostage and his or her family with appropriate assistance and support services, including legally mandated crime victims’ rights and services, to help them cope with the physical, emotional, and financial impact of a hostage-taking. United States Government officials shall, subject to the family’s wishes, maintain regular contact with the family and ensure continuity of care. As appropriate to meet individual needs, United States Government officials may refer hostages and their families to nongovernmental assistance organizations. (…)
The investigation and prosecution of hostage-takers is an important means of deterring future acts of hostage-taking and ensuring that hostage-takers are brought to justice. The United States shall diligently seek to ensure that hostage-takers of U.S. nationals are arrested, prosecuted, and punished through a due process criminal justice system in the United States or abroad for crimes related to the hostage-taking.
The United States has jurisdiction over the taking of a U.S. national hostage abroad, as well as over other criminal acts that may be committed against the hostage, and the Department of Justice will seek to prosecute hostage-taking of U.S. nationals and related violations of U.S. law in the U.S. court system whenever possible. The Federal Bureau of Investigation shall investigate violations of U.S. law and shall collect evidence and conduct forensics in furtherance of a potential prosecution, consistent with its statutory authorities and, where applicable, the permission of the foreign government in whose territory it is operating. (…)
The United States Government shall work with foreign governments to apprehend hostage-takers in their territory. In coordination with one another, the Department of State, Department of Justice, and Department of the Treasury shall engage with foreign governments to seek commitments to punish hostage-takers and their aiders and abettors. In coordinating with the Department of State, relevant departments and agencies should also work to develop the capacity of partner nations, through technical assistance and training in best practices, to collect intelligence for use in hostage recovery efforts while preserving, when possible, opportunities for a criminal prosecution by the United States or the relevant nation.
Prevention and Preparation
(…) To that end, the Department of State shall continue to assess the threat and security risk for travel outside of the United States and provide safety and security information for U.S. nationals and U.S. organizations operating abroad. Departments and agencies shall also support engagements with private entities that raise awareness of the risk of hostage-taking and identify best practices for preventing hostage-takings abroad.
The United States Government will lead international efforts to counter, marginalize, and deter hostage-taking by increasing the costs to hostage-takers and eliminating the benefits of hostage-taking. This shall include engagement with foreign governments, international organizations, and other relevant nongovernmental organizations to encourage them to adopt and implement no-concessions policies and statements and to seek commitments to defeat and punish hostage-takers and their aiders and abettors. The United States Government shall also seek to deter the practice of hostage-taking through aggressive interdiction, investigation, and prosecution of hostage-taking and related violations of U.S. law, as well as through sanctions designations, as appropriate.
The safe conduct of Federal business and duties abroad requires both an effective personnel recovery infrastructure and a coordinated response capability to resolve hostage-takings and similar events. The United States Government will leverage educational and training resources to help decrease the vulnerability of United States Government officials and employees working abroad. Each department and agency with overseas responsibilities shall inform its employees of U.S. policy regarding hostage-takings, and provide personnel recovery preparation, education, and training programs to help their employees understand the risk environment, evade capture, survive captivity, minimize their vulnerability to exploitation, and enable their recovery from a threat environment.
Departments and agencies shall also implement individual and organizational protective security measures and ensure there are interoperable systems of communications and support for the accountability of United States Government employees. Each department and agency shall leverage existing programs or develop new ones to offer tailored training for those employees who will participate in response management when U.S. nationals are taken hostage abroad.”
- Foreign Sovereign Immunities Act Exceptions
- Foreign Sovereign Immunities Mean
- Immunities Bill of Rights
- Immunities in International Law
- Immunity from Suit
- Immunity Response