The fate of Abu Abbas...

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A quick recap and a link..

Abu Abbas was the mastermind behind the hijacking of the ship the "Achille Lauro"back in 1985 and ordered the murder of Leon Klinghoffer during that event.

Afterwards, he escaped into various countries in teh mid-east and in 1990 attempted to float and explosive laden boat into amn Isreali port.

In 1994 he took up residence in Iraq and was captured there by US forces yesterday.

The Italian government convicted (in absentia) Abbas of of murder and sentenced him to 5 life terms in prison in 1986.

In 1993 the US signed the Oslo Accord along with Isreal, the EU (which covers Italy) and the Palestinian Authority. That agreement specified that no member of the Palestine Liberation Organization will be arrested or brought to court for any action that happened before September 13, 1993, the day the Oslo accord was signed.

So.. What should the US do with Abass? Detention and prosecution by the US would apear to violate the Oslo Accord. Should the US prosecute him anyway? Should he be turned over to the Italians? His conviction there preceeeded the Oslo accord. Would detention there be justified on those grounds? Should he just be let go?

Whaddya think?

http://www.cnn.com/2003/WORLD/meast/04/16/sprj.irq.abbas.arrested/index.html

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There is no statute of limitations on murder. I say prosecute him. I wouldn't want to send him to another jurisdiction, where he might be freed.

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I heard a vague report on the new that stated Abu was in Italian custody previously, and they let him go.

However, Adnan brings a different day to Italian politics.

I think we should hand him over, if we get assurances that his sentence will be carried out.

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This arrest is in breach of legally-binding international agreements entered into previously by the American Government, with serious implications for the faith which can be placed in ANY other agreement to which the United States is signatory.

Mind you, I seem to recall that Hitler did similar things?

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Could you be a bit more specific, John Webb? What international agreements are violated? Hitler, again? How so?

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Non Bis in idem
This is a legal principal that says you cant be trialed for the same facts twice. He already was tried in the eighties. An Italian Court sentenced him in absentia to five life terms by an Italian court for the attack.

The dificulty in this case are the 1995 peace accords which included an amnesty for Palestine Liberation Organisation (PLO) officials.

In no case this man can be tried in the US. He will never get a fair trial and he never violated the US law.

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Sincere question:
Murdering a US citizen is not breaking a US law?

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Sofia wrote:

Sincere question:
Murdering a US citizen is not breaking a US law?

So everybody murdering a US citizen should be tried by American Judges? Laughing

You're joking, aren't you?

This would mean Zacharias Moussaoui should be tried by a French court, since he is a French citizen.

The American was murdered on a Italian cruise ship in Mediterranean sea, i belief in the national waters of Greece.

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Again, the gist is if the US is willing to abide to International law or play its own ball game.

This terrorist should be handed to the Italian authorities. Period. Whether they release him or give him his 5 life sentences is not the matter. Of course, the US has the right to push for a harsh punishment, since Klinghofer was an American citizen.

Murdering a US citizen outside the US is not breaking the US law, it's breaking the other country's law.
Murdering a German citizen in the US is breaking the US law, not Germany's.

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A legal minefield surely? For example, what right have the United States to arrest a foreign national in another country, of which they are in illegal occupation or to deport him?

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Abu Abbas is responsible for murder of the U.S. citizen. I believe that he is to be prosecuted by the U.S. court. By the way, Abu Abbas is not an official of the Palestinian Authority, therefore any immunity principle is non-applicable to this person.
And it is not so much significant where did Abu Abbas murder the U.S. citizen. I believe that if bin Laden was captured prior to destroying the WTC, he should be tried by the U.S. court for exploding the U.S. embassies in Kenya and Tanzania.
If every terrorist planning and/or performing attacks on the U.S. civilians/officials/soldiers knows that he can find his end on the electric chair in the USA, this may be a good deterrent.

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Quote:

"Abu Abbas is responsible for murder of the U.S. citizen. I believe that he is to be prosecuted by the U.S. court"

non sequitor. said crime did not occur in US jurisdiction.

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In US law, the accused can be tried for the same acts under different jursidictions i.e. state and federal. Applying this principle, it's likely that a trial under Italian law would not preclude trial under US law.

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I believe that majority of the U.S. citizens would like to be protected by the U.S. law, wherever they may be attacked by terrorists and criminals.

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roger wrote:

In US law, the accused can be tried for the same acts under different jursidictions i.e. state and federal. Applying this principle, it's likely that a trial under Italian law would not preclude trial under US law.

if an Israeli citizen visiting New York City was murdered by a Canadian citizen neither Israel nor Canada would have jurisdiction, the crime would be prosceuted in New York.

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About Oslo accord: it has been violated repeatedly by the PA, therefore it hardly can be considered a viable agreement.

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It has been repeatedly violated by almost all signatories.

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You may be right, dys. I don't know. I was addressing the issue of double jeopardy raised, I believe, by Frolic. Barring other issues under international, with which I do not pretend familiarity, it should not be an issue.

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Well, I hope the U.S. administration has enough lawyers to find justifications for prosecuting the terrorist. I would not mind if he dies from some obscure reason prior to the decision is made. By all means, it would be stupid letting him stay at large.

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Quote:

And it is not so much significant where did Abu Abbas murder the U.S. citizen. I believe that if bin Laden was captured prior to destroying the WTC, he should be tried by the U.S. court for exploding the U.S. embassies in Kenya and Tanzania.

the U.S. embassy is U.S. territory, so when a crime happens there, it is no problem using U.S. law.

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The fate of Abu Abbas...

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