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Subject:
Legality of Coup Plot
Category: Miscellaneous Asked by: jeraboo-ga List Price: $75.00 |
Posted:
22 Oct 2006 08:31 PDT
Expires: 21 Nov 2006 07:31 PST Question ID: 775794 |
Does a US citizen currently violate any US law or risk any possibility of arrest in the United States by actively participating in the violent overthrow of the government of the Republic of the Sudan, a country with no extradition treaty in place with the US? |
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Subject:
Re: Legality of Coup Plot
Answered By: pafalafa-ga on 22 Oct 2006 09:59 PDT Rated: |
jeraboo-ga, If the person involved is *in* the United States, then there are at least two federal statutes that can be invoked making their involvement illegal: http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000960----000-.html 18 USC Sec. 960 ...Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined under this title or imprisoned not more than three years, or both. and http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+551+0++%28%29%20%20AND%20%28%2818%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%28962%29%29%3ACITE%20%20%20%20%20%20%20%20%20 18 USC Sec. 962 Whoever, within the United States, furnishes, fits out, arms, or attempts to furnish, fit out or arm, any vessel, with intent that such vessel shall be employed in the service of any foreign prince, or state, or of any colony, district, or people, to cruise, or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace; or Whoever issues or delivers a commission within the United States for any vessel, to the intent that she may be so employed - Shall be fined under this title or imprisoned not more than three years, or both... ========== If the person involved is NOT in the United States, then I do not see any laws that directly bear on the situation. Please be aware, however, of the disclaimer at the bottom of this page. Google Answers is no substitute for professional legal advice, so before making any decisions based on the information presented here, please be sure to check with a legal professional. Let me know if there are is anything else you need on this. pafalafa-ga search strategy -- searched several legal databases for [ overthrow foreign ] |
jeraboo-ga rated this answer: |
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Subject:
Re: Legality of Coup Plot
From: nelson-ga on 22 Oct 2006 10:27 PDT |
"If the person involved is NOT in the United States, then I do not see any laws that directly bear on the situation." --The guys at Guantanamo will disagree. (Oh, wait, you said "laws", not the "madness of King George".) |
Subject:
Re: Legality of Coup Plot
From: mongolia-ga on 22 Oct 2006 11:05 PDT |
So does that mean that any US citizen who goes to fight the current regimes/ governments in Iran, North Korea or Cuba is commiting an offense against US law? Regards Mongolia |
Subject:
Re: Legality of Coup Plot
From: mathtalk-ga on 22 Oct 2006 12:29 PDT |
Of the three nations mentioned by mongolia-ga, probably only North Korea is technically not "at peace" with the United States. The Armistice Agreement of July 27, 1953 was "a purely military document[. N]o nation is a signatory to the agreement." [Armistice Agreement for the Restoration of the South Korean State (1953] http://www.historicaldocuments.com/KoreanWarArmistice.htm No peace treaty has been signed by the US and N. Korea (DPRK). Instead the status quo is that of an armed truce with an agreed upon demilitarized zone separating combatants who are no longer engaged in active hostilities despite occasional violations of the agreement. The US broke diplomatic relations with Cuba in Jan. 1961 and has pursued a policy of trade embargo and other sanctions against Castro's government, codified into law only in 1996 by the Clinton administration and tightened by the Bush administration in 2004. [State Dept.: U.S. - Cuba Relations] http://www.state.gov/p/wha/rls/fs/2001/2558.htm [State Dept.: Summary of New Rules on Travel and Exports to Cuba] http://www.state.gov/p/wha/rls/fs/34617.htm In the aftermath of US embassy hostage-taking in Tehran, the US broke diplomatic relations with Iran and they have never resumed. The Swiss represent US diplomatic interests in Tehran, and Pakistan represents Iranian diplomatic interests in the US (although Iran does have a permanent mission to the UN in New York). [State Dept.: Iran (10/06)] http://www.state.gov/r/pa/ei/bgn/5314.htm -- mathtalk-ga |
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