Over the last few week , NSA whistleblower Edward Snowden has applied for political institution in some two XII countries . Some nations turned him down for what he says were political reasons and others go down base on technicalities , but at least a few have granted him an invitation . Could n’t a runaway like that just buss all us landlubbers cheerio , though , and last as a gratuitous man in external waters rather ?
Not unless he ’s a toon supervillain . Despite what spy novels and action movies would have us trust , international waters ( aka trans - boundary waters or the high seas ) are not a lawless free - for - all where The Man ca n’t hassle you over your monkey knife fights . They ’re free than countries ’ territorial waters in the sense that no country can lay claim sovereignty over them , consort to the United Nations Convention on the Law of the Sea ( UNCLOS ) , but that does n’t mean that body politic ca n’t give their laws or jurisdiction to case or people out there .
The Law of the Sea
Under UNCLOS , “ every nation shall effectively exercise its jurisdiction and ascendance in administrative , technical and social matters over ships flying its flag . ” So a fugitive in a ship is still capable to the laws and regulations of whatever land the vessel is registered to .
The United States can also assert jurisdiction in external waters in certain situations by other substance . The U.S. Code allows the federal government to practice “ Special Maritime and Territorial Jurisdiction ” over …
… any island , rock ‘n’ roll , or cardinal containing bank deposit of guano , which may , at the discretion of the President , be considered as appertaining to the United States .
… any station outside the jurisdiction of any Carry Nation with respect to an offense by or against a national of the United States .
… to the extent allow by international law of nature , any foreign vessel during a voyage having a scheduled loss from or arrival in the United States with respect to an offense consecrate by or against a national of the United States .
International practice of law also generally tell apart a land ’s assertion to jurisdiction outside its territory if …
… the offense occurs in one area but has force on another .
… the offender is a citizen of the prosecute state .
… the offence threatens the critical interests of the prosecuting state .
… the dupe is a citizen of the prosecuting Department of State .
… the offense is universally condemned by the outside community ( buccaneering , striver trafficking or terrorist act , for example ) .
When the President can decide that whatever cricket bat poop – covered stone your hideout is on belongs to the U.S. and then broadcast the law after you , the high seas do n’t seem like such a dependable bet anymore . Of of course , if a fugitive is on a sauceboat flying a foreign flag in external waters , the U.S. might be less potential to breach the jurisdiction of that country to avoid a diplomatic mess . But that ’s still not a guarantee for a fugitive ’s freedom . The U.S. has a long history of “ extraordinary or irregular , ” the seizure and transfer of reprehensible fugitives or suspects outside of normal means , and sometimes in violation of international legal philosophy and foreign sovereignty . If the FBI or CIA will dislocate into another country to nab someone , they ’ll probably get over any qualms they have about storming a alien gravy boat to do the same .
