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United States v. Yunis

Defendant Fawaz Yunis, a Lebanese resident and citizen, was charged for his alleged involvement in the 1985 hijacking of a Jordanian civil aircraft in the Middle East. Defendant moved to dismiss the indictment on the ground that, under general principles of international law, the court lacked subject matter and personal jurisdiction over a crime committed by a nonresident alien on foreign soil and that federal law provided no independent basis for such jurisdiction. The United States District Court for the District of Columbia (per Parker, J.) denied the motion to dismiss in part and granted it in part, and held: (1) that those counts of the indictment charging the defendant with violation of section 32(a) of the Destruction of Aircraft Act (18 U.S.C. §32(a) (1986)) (Aircraft Piracy Act) should be dismissed on the ground that this section provided no jurisdiction over aircraft piracy offenses having no connection to U.S. territory; (2) that traditional principles of international law provided sufficient grounds for asserting both subject matter and personal jurisdiction over the other crimes charged; and (3) that the Act for the Prevention and Punishment of the Crime of Hostage Taking (18 U.S.C. §1203 (1986)) (Hostage Taking Act) and section 32(b) of the Aircraft Piracy Act imposed liability for the offenses allegedly committed by the defendant.