分析10.7事件涉及的美國法典條文_風聞

一、Executive Order 13224

1.此行政令引用的美國法律依據：

Including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral sanctions contained therein, and UNSCR 1363 of July 30, 2001, establishing a mechanism to monitor the implementation of UNSCR 1333。

2.在此行政令中，對KB主義行為的定義為：

For the purpose of the Order, “terrorism” is defined to be an activity that (1) involves a violent act or an act dangerous to human life, property, or infrastructure; and (2) appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking。

二、1.On August 28, 1986, the President signed Public Law No. 99-399, the Omnibus Diplomatic Security and Antiterrorism Act of 1986. Section 1202 of the Act created a new section 2331 of Title 18, U.S.C., (now codified as 18 U.S.C. § 2332) which makes it a Federal crime for a terrorist overseas to kill a United States national, attempt to murder a United States national, conspire to murder a United States national, or to engage in physical violence with the intent to cause serious bodily injury to a United States national or with the result that serious bodily injury is caused to a United States national. Prosecution for any offense under § 2332 requires the written certification of the Attorney General, or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions, that, in the judgment of that official, the offense was intended to coerce, intimidate, or retaliate against a government or a civilian population。

2. Section 2332b of Title 18, U.S.C., effective April 24, 1996, was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, § 702, 110 Stat. 1214, 1291. Section 2332b is intended to reach violent international terrorist activity that takes place within the United States where at least a part of that activity also occurs outside the United States. The violent conduct can be targeted against persons or property within the United States. The statute covers such conduct when it violates either Federal or state law. It sets forth a wide spectrum of bases to assert Federal jurisdiction. It provides for consecutive punishment in addition to any other Federal offense that was committed. Subsection § 2332b(e) also gives the Attorney General (i.e., the Federal Bureau of Investigation (FBI)) primary investigative authority for all “Federal crimes of terrorism” as that term is defined in § 2332b(f)。