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From: mcb@styx.UUCP (Michael C. Berch)
Newsgroups: net.politics,net.legal
Subject: Re: State Terrorism
Message-ID: <14591@styx.UUCP>
Date: Mon, 21-Oct-85 01:51:44 EDT
Article-I.D.: styx.14591
Posted: Mon Oct 21 01:51:44 1985
Date-Received: Wed, 23-Oct-85 05:59:49 EDT
References: <903@abnji.UUCP> <14232@styx.UUCP> <856@lsuc.UUCP>
Reply-To: mcb@styx.UUCP (Michael C. Berch)
Distribution: net
Organization: Lawrence Livermore Laboratory, Livermore, CA
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Xref: watmath net.politics:11621 net.legal:2481

In article <856@lsuc.UUCP> jimomura@lsuc.UUCP (Jim Omura) writes:
> . . .                             The US has no jurisdiction over
> an Egyptian aircraft, which was piloted by an Egyptian clearly in
> command of his own aircraft and acting pursuant to the Egyptian
> government.  In as far as the terrorists are concerned, they were
> in the proper custody of Egypt at the time the hijacking of the
> aircraft occurred and subject to Egyptian, *not* US law.

I can't agree that the terrorists were in Egyptian custody at the
time they were intercepted by the US forces. Indeed, the fact that the
Egyptians had RELEASED the terrorists (reference: statement that the
four "had been turned over to the PLO," by Mr. Mubarak, that morning)
and that they were free of sovereign custody and in danger of escaping
judicial proceedings is what made the US action, in my opinion, timely
and lawful. Obviously this would not apply if US forces seized the
terrorists on Egyptian soil, etc., but that isn't what happened.

Take the following hypothetical, variants of which take place with
regularity: X robs a US pleasure boat in international waters but is
(let's say) wounded and surrenders to the Bahamanian authorities.
The Bahamas decide they have no evidence to hold X and release
him. He arranges a chartered Bahamanian flag yacht to take him ...
wherever. Can the US Coast guard seize this ship in international
waters and arrest X? I certainly hope so, since that is the sort of
thing that goes on on a daily basis, mostly with regard to drug
smuggling, in the Caribbean.

Michael C. Berch
mcb@lll-tis-b.ARPA
{akgua,allegra,cbosgd,decwrl,dual,ihnp4,sun}!idi!styx!mcb