International Legal Systems - Page 1

Introduction

Because the attack took place outside the United States, the primary jurisdiction (or power) to investigate and prosecute the case automatically rests with the government of the country where it happened. Each country is sovereign over its own territory, which means that the foreign government will determine how to investigate an attack, whether a crime has occurred according to its own law, and the manner in which any prosecution occurs in its own courts or tribunals– the same way the United States (U.S.) does about crimes that happen within the U.S. Terrorist attacks against Americans in foreign countries may also be investigated by the U.S. government, usually by the Federal Bureau of Investigation; however, only a limited number of those investigations typically result in prosecutions in the U.S. The U.S. has power under its own laws to investigate and prosecute terrorist attacks against U.S. citizens that happen outside the U.S. (“extra-territorial jurisdiction”); however, because the U.S. does not have sovereignty in foreign countries, its ability to investigate is more limited than it would be if the crime happened in the U.S. That is one reason why terrorism prosecutions are more likely to take place in the country where the attack happened. The justice system in the foreign country provides a means of seeking justice for what you and your family have suffered.

Each foreign legal system is unique. Each will differ from what you may be expecting based on your familiarity with the system in the U.S. Some of the differences between foreign and U.S. prosecutions may include which legal professionals will investigate the crime, what rights victims will have during the investigation and prosecution, and the length of time a trial may take. In addition, although there are law enforcement and justice professionals all over the world who are dedicated to helping you seek justice, they may lack the resources, capacity, and support within their own countries to go forward. You should be prepared for the possibility that the investigation may not identify or locate a suspect or, conversely, that perpetrators are identified and prosecuted quickly. We are here to help you understand what is happening in the foreign justice system and participate in the process to the extent you desire and foreign law allows. Because each country’s system -- and each case -- is different, it is i possible in a brochure to describe all of the legal possibilities. Nevertheless, the information that follows provides basic generalizations about legal and court systems, as well as some basic legal concepts, to help provide a context for what you may encounter or experience.

Types of Legal Systems

Legal systems vary from country to country, and sometimes within a single country. Although they develop in different ways, legal systems also have some similarities based on historically accepted justice ideals. Legal systems do fall into groups or patterns with some similar features within each group. Among the main groups that you might encounter are: 1) common law; 2) civil law; 3) religious law; and 4) customary law. Many countries employ more than one of these systems at the same time to create a hybrid system. In some places, the current security situation can also impact the way that legal systems work. It is helpful to understand some of the similarities and differences as you move through your case.

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