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Q: Legality of Coup Plot ( Answered 5 out of 5 stars,   3 Comments )
Question  
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?
Answer  
Subject: Re: Legality of Coup Plot
Answered By: pafalafa-ga on 22 Oct 2006 09:59 PDT
Rated:5 out of 5 stars
 
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:5 out of 5 stars

Comments  
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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