'How the U.S. could prosecute Jamal Khashoggi’s killers' via PostOpinions
By Lee C. Bollinger March 31 at 5:21 PM Lee C. Bollinger is the 19th president of Columbia University and the Seth Low professor of the University. He is the co-author, with Geoffrey R. Stone, of “The Free Speech Century.”
In an ideal world, international conventions could be used to try the suspects in an international criminal court. But Saudi Arabia does not recognize the international criminal courts and has not signed on to relevant conventions.The deadly assault on Khashoggi — a legal resident of the United States, with children who are U.S. citizens — was also a brazen and an egregious assault against American values and against the First Amendment rights he exercised in this country.
Consider the case for a torture prosecution. The relevant federal statute criminalizes any act committed by a person acting “under color of law” — the legal term for when someone has the appearance of legal authority, even if they don’t have it — intended to inflict severe physical or mental pain or suffering. And the statute applies only to “acts of torture committed outside the United States.” Torture inside a foreign consulate is certainly sufficient basis for the FBI to investigate.
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