18 U.S.C. § 1116

Murder or manslaughter of foreign officials, official guests, or internationally protected persons

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(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title.(b) For the purposes of this section:(1) “Family” includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.(2) “Foreign government” means the government of a foreign country, irrespective of recognition by the United States.(3) “Foreign official” means—(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.(4) “Internationally protected person” means—(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.(5) “International organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.(6) “Official guest” means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.(7) “National of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).(c) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49.(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.(Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972, 86 Stat. 1071; amended Pub. L. 94–467, § 2, Oct. 8, 1976, 90 Stat. 1997; Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97–351, § 3, Oct. 18, 1982, 96 Stat. 1666; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title VI, § 60003(a)(5), title XXXIII, § 330006, Sept. 13, 1994, 108 Stat. 1969, 2142; Pub. L. 104–132, title VII, § 721(c), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104–294, title VI, § 601(g)(2), Oct. 11, 1996, 110 Stat. 3500.)Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–294 struck out “, except that” at end.

Subsec. (b)(7). Pub. L. 104–132, § 721(c)(1), added par. (7).

Subsec. (c). Pub. L. 104–132, § 721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.”

1994—Subsec. (a). Pub. L. 103–322, § 330006, which directed the striking of “, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years” before period at end, was executed by striking text which did not include “, and”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 103–322, § 60003(a)(5). See below.

Pub. L. 103–322, § 60003(a)(5), struck out “any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and” after “title, except that”.

Subsec. (c). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”.

1982—Subsec. (b)(5). Pub. L. 97–351 inserted provision relating to a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of foreign affairs.

1978—Subsec. (c). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.

1977—Subsec. (c). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.

1976—Catchline. Pub. L. 94–467 substituted “official guests, or internationally protected persons” for “or official guests”.

Subsec. (a). Pub. L. 94–467 inserted reference to internationally protected persons, section 1113 of this title, and the punishment for a person convicted of attempted murder.

Subsec. (b). Pub. L. 94–467 designated existing provision, relating to definition of “foreign official” as par. (3)(A), (B), and added pars. (1), (2), (4), (5) and (6).

Subsec. (c). Pub. L. 94–467 substituted provision permitting the United States to exercise jurisdiction over an offense if the victim is an internationally protected person and the alleged offender is present within the United States for provision which defined “foreign government”, “international organization”, “family”, and “official guest”.

Subsec. (d). Pub. L. 94–467 added subsec. (d).

Notes of Decisions

Cited in 52 cases (5 in the last 5 years), 1978–2025 · leading case: United States v. Odeh, 552 F.3d 93 (2d Cir. 2008).

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United States v. Odeh, 552 F.3d 93 (2d Cir. 2008). · cites it 6× “§ 1114 (Counts 233-73); and murder of internationally protected persons in violation of 18 U.S.C. § 1116 (Counts 278-79). In addition, they were convicted of the following non-capital offenses: attempted murder of officers and employees of the American Embassy in Nairobi in…”

United States v. Layton, 509 F. Supp. 212 (N.D. Cal. 1981). · cites it 21× “§ 1117 ; and (4) aiding and abetting in the attempted murder of an internationally protected person, under 18 U.S.C. §§ 1116 (a), 2. The defendant has moved for a dismissal of all of the counts of the indictment on various grounds.”

Jones v. United States, 526 U.S. 227 (1999). · cites it 2× “, 18 U. S. C. § 1116 (1994 ed., Supp. III) ("[w]hoever kills or attempts to kill"); § 2114 ("assaults," "robs or attempts to rob," "receives, possesses, conceals, or disposes"); Tex.”

United States v. Bin Laden, 92 F. Supp. 2d 189 (S.D.N.Y. 2000). · cites it 8× “22 Furthermore, “at the same time it amended § 1114, in the same piece of *203 legislation, Congress amended 18 U.S.C. § 1116 , dealing with the murder or manslaughter of internationally protected persons,” id.”

United States v. Edgar Bello Murillo, 826 F.3d 152 (4th Cir. 2016). · cites it 5× “In pertinent part, the indictment charged Bello with four offenses: murder *155 of an IPP, in contravention of 18 U.S.C. § 1116 (a) (“Count 1”); murder of an officer and employee of the United States, in violation of 18 U.”

Zivotofsky v. Kerry, 135 S. Ct. 2076 (2015). · cites it 2× “…and using American vessels to smuggle goods in violation of a foreign government’s laws, §546—all “irrespective of recognition by the United States,” §§11, 1116. Just as Congress may legislate independently of recognition in all of those areas, so too may it legislate…”

United States v. Vladimir Dizdar, Jozo Brekalo & Marijan Buconjic, 581 F.2d 1031 (2d Cir. 1978). · cites it 7× “1 In pertinent part, 18 U.S.C. § 1116 (b)(3)(B) defines a “foreign official” as “(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on…”

United States v. Ng Lap Seng, 934 F.3d 110 (2d Cir. 2019). · cites it 2× “§ 130c (explaining that statutory protection for sensitive information of foreign governments reaches information provided by or produced in cooperation with an international organization as well as a foreign government); 18 U.”

Von Dardel Ex Rel. Wallenberg v. Union of Soviet Socialist Republics, 623 F. Supp. 246 (D.D.C. 1985). · cites it 6× “As such, the Congress in 1789 opened the district courts of the United States to suits by aliens claiming tortious violations of diplomatic immunity.”

Jose Gomez-Fernandez v. William Barr, 969 F.3d 1077 (9th Cir. 2020). “See 18 U.S.C § 1116 (“[m]urder or manslaughter of foreign officials, official guests, or 6 Congress placed limits on prosecution pursuant to § 1841(a).”

United States v. Abu Khatallah, 151 F. Supp. 3d 116 (D.D.C. 2015). · cites it 3× “§ 2339A (Counts One and Two); murder of an internationally protected person under 18 U.S.C. §§ 1116 and 1111 (Count Three); three counts of murder of an officer and employee of the United States under 18 U.”

United States v. Pablo Marcano-Garcia, & Nydia Cuevas-Rivera, 622 F.2d 12 (1st Cir. 1980). · cites it 2× “§ 1201 (a), which provides for punishment of up to life imprisonment for any person who “unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise” any person who is a “foreign official, an internationally…”

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— 18 U.S.C. § 1116(b) — 1 case

Cispes (Comm. in Solidarity With the People of El Salvador) v. Fed. Bureau of Investigation, 770 F.2d 468 (5th Cir. 1985).

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