Murder Files Unsealed22 Sep 2024

What Really Happens When Murders Occur on International Waters?

The expansive and shadowy waters might appear to be an ideal location for committing a nefarious act of murder; however, those who engage in such crimes are not exempt from legal consequences.

Even if a murder occurs far from the shores of the United States, federal prosecutors often retain the authority to bring charges against the offenders.

To gain further insight into the management of these distinctive cases, Oxygen.com consulted with Professor Steven Friedell of Rutgers Law, who specializes in maritime law.

Who has jurisdiction to prosecute crimes in international waters?

The United States does not possess the authority to prosecute every crime occurring on every vessel in international waters, as explained by Friedell. Prosecution typically requires the involvement of an American individual or a ship associated with the United States, unless international law provides otherwise.

The concept known as the special maritime and territorial jurisdiction of the United States permits intervention when a crime is committed outside any nation's jurisdiction, provided that the offense involves a U.S. national. Such offenses encompass a range of serious crimes, including murder, manslaughter, kidnapping, rape, assault, and robbery.

Friedell noted that complications often arise when multiple countries assert jurisdiction. For example, many ships are governed by the laws of the nation where they are registered, referred to as the vessel's flag state.

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