What country would a murderer be tried in if...

Question

(I'm researching a play and had a quick question)

If an American traveled to another country, say Egypt, killed another American, then returned and was caught in the US, would he be tried in the US or extradited to Egypt?

If he'd be extradited, then let's say the crime happened in Syria, where there's no extradition arrangement...would he be tried in the US in that case?

And, to be really tricky, what if the person murdered an Australian in Egypt, then returned to the US and was caught. Would he be tried in the US, Australia, or Egypt?

Silly question I know, and I promise I'm not a murderer :-), I'm just researching for a small play I'm writing. Thanks in advance!

Answer 1

He would get sent to the other country or not get tried

Answer 2

They would be extradited. The crime is based on the jurisdicton, not the citizenship.

In some cases crimes are extrajurisdictional such as treason - in that case they could be tried in both jurisdictions - treason exists in all juridictions - but due to double jeopardy only one local would be the place of charges for the global offence - while the local offence would have to be the jurisdiction.

Murder is not a global offence it is a jurisdictional offence.

Answer 3

He would have to be tried in the county where the offense occurred. In that example, he would be extradited and tried in Egypt.

If the crime occurred in a country that has no extradtion treaty with the US, then there is the possibility that he would not be extradited and would just be free to go about his life. Of course, the two countries can always reach an agreement if they both want him to be tried.

It doesn't matter much where the victim was from, just where he was when he was killed.

Of course, there are a few obscure laws that allow the federal government to try one of it's own citizens for crimes committed in other countries, but they are complicated, confusing, and almost never used. Best not to confuse your audience with those kind of things.

Answer 4

Sorry, but I do not know your answers.   Your play sounds interesting though.  What is it called?  If you get it produced and it travels or is near me, I would be interested in seeing it.

If you are afraid of copyright issues, keep my information handy and after it is copyrighted, email me the details.

Answer 5

Nice plot twist, there. Generally, people are tried where the offense occurred.  It has nothing to do with the nationality of the victim, or the perp.  Lack of extradition treaties is a nice wrench in the works.

There is the International Court in the Hague, but usually this is for Crimes Against Humanity and so forth.

You could have Interpol pick up the perp, and keep him in Guantanamo until some state claims jurisdiction.  Hope he can read the Quran.

Answer 6

Remember most countries consider major crimes to be offenses against the 'order (peace) of the state (country)'   so in most countries it's not so much who was killed, but that they were killed on their soil.  i beleive though if an american were killed overseas there could still be a CIVIL action against the murder in the USA (i'm honestly not sure though).  remember civil and criminal law are (again in most countries) separated.  criminal deals with the offense against the state, and civil deals with the financial and emotional impact upon a person of an illegal act...