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Rumsfeld to be indicted in Germany?



The extraterritorial jurisdiction chickens of United States courts may be coming home to roost; a German prosecutor is threatening to indict former Secretary of Defense Donald Rumsfeld for "war crimes" under a theory of "universal jurisdiction" in German courts. We have long said that a risk of the United States asserting its jurisdiction over extra-territorial acts is that other countries would come to feel that it could assert their courts over us. Even if one dislikes Donald Rumsfeld, one has to fear the long-term consequences if other nations are allowed to judge our foreign policy in legal proceedings. (Adam Zagorin, "Charges Sought Against Rumsfeld Over Prison Abuse", Time.com, Nov. 10).

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.