Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
International Criminal Law (ICL) covers crimes that shock the conscience of humanity, including genocide, war crimes, crimes against humanity, and torture. In Burlingame, residents and organizations typically face these issues through federal courts or, in limited civil matters, via the Alien Tort Statute. The primary federal statutes address these offenses, not a separate Burlingame specific code.
In practice, most ICL matters arising for Burlingame residents are prosecuted in federal courts within the Northern District of California or, when applicable, in federal agencies investigating cross border crimes. The federal system handles crimes under statutes such as the War Crimes Act and the Torture Statute, and also governs cross border enforcement efforts like the Alien Tort Statute, which has evolved through court decisions over the past decade.
“War crimes, genocide and crimes against humanity are prosecutable in the United States under federal law, with the War Crimes Act and related statutes providing core authorities.”Source: U.S. Department of Justice and U.S. federal statutes overview
For Burlingame residents, understanding the difference between federal and California state processes is important. California generally does not create separate international crime codes, and most ICL questions involve federal jurisdiction or international cooperation through treaties and inter agency collaboration. The U.S. and its courts exercise extraterritorial reach in certain cases, including those involving overseas conduct by U.S. persons or corporations.
Key international crime concepts in the U.S. context are codified in statutes like the Genocide Act and War Crimes Act, and are interpreted by federal courts in cases filed in California. These laws shape how investigations start, how charges are filed, and what remedies are available for victims and defendants.
“The United States prosecutes genocide and war crimes under specific federal statutes, with courts applying international law standards when relevant.”Source: U.S. Code and federal practice notes
When international crimes intersect with Burlingame residents or Bay Area companies, professional legal counsel is essential to navigate complex procedures. Below are real world scenarios that illustrate when to seek ICL expertise.
Local Burlingame and broader California practice interacts with federal ICL provisions. The main statutes commonly cited in international crime matters include the War Crimes Act, Genocide statutes, the Torture statute, the Alien Tort Statute, and the Foreign Corrupt Practices Act. These provide the framework for criminal liability and civil liability in cross border contexts.
Genocide defined and criminalized in the United States is found at 18 U.S.C. § 1091, which targets acts committed with the intent to destroy, in whole or in part, a protected group. Federal courts have applied this statute alongside other ICL provisions in high profile cases. 18 U.S.C. § 1091.
War crimes and related offenses are codified at 18 U.S.C. § 2441, commonly referred to as the War Crimes Act. This statute criminalizes grave violations of the laws of war, including acts committed abroad. This statute remains a central tool for federal prosecutors in ICL matters. 18 U.S.C. § 2441.
The Torture Statute is codified at 18 U.S.C. § 2340 and prohibits acts of torture committed domestically or abroad by or against U.S. persons or persons within U.S. jurisdiction. 18 U.S.C. § 2340.
The Alien Tort Statute (ATS) allows certain civil claims for violations of international law in U.S. courts, historically used for trans boundary human rights claims. Its use has narrowed following key Supreme Court decisions that limit extraterritorial reach. 28 U.S.C. § 1350 is the statutory anchor for ATS claims; see also Kiobel v. Royal Dutch Petroleum Co. for jurisdictional limits.
Extraterritorial and corporate liability considerations under the Alien Tort Statute have evolved, with the Supreme Court addressing limitations on corporate liability in Jesner v. Arab Bank and related cases. These decisions affect how Burlingame businesses may face civil ICL claims in U.S. courts. Jesner v. Arab Bank and Kiobel v. Royal Dutch Petroleum Co.
Foreign Corrupt Practices Act (FCPA) prescribes anti bribery and anti corruption standards for U.S. and foreign companies, with extraterritorial reach relevant to Burlingame corporations operating overseas. 15 U.S.C. § 78dd-1.
Recent trends in ICL show a narrowing of ATS civil claims at times, as courts limit extraterritorial applicability, while federal statutes like the War Crimes Act and Torture Statute continue to be used in appropriate cases. These changes influence how Burlingame clients prepare defenses and engage counsel.
“The Alien Tort Statute has faced restrictions since Kiobel and Jesner, shaping how civil ICL claims proceed in federal courts.”Source: Kiobel and Jesner cases, leading law summaries
The Alien Tort Statute allows certain civil claims based on international law in federal courts. In Burlingame, plaintiffs may bring claims against individuals or companies for alleged overseas violations, though the scope is limited by recent Supreme Court decisions. A lawyer can assess whether a claim is viable and how to respond.
Federal war crimes prosecutions can take multiple months to several years, depending on complexity, discovery, and defense motions. In Burlingame, cases in the Northern District of California follow federal timelines and scheduling orders similar to other major districts.
Genocide is defined in 18 U.S.C. § 1091 as acts intended to destroy a protected group in whole or in part. Prosecutors must prove specific intent and commission of qualifying acts, often requiring extensive evidence from multiple sources.
For federal ICL matters, a lawyer admitted to practice in federal court (often in California) is needed. A Burlingame attorney with both state and federal experience can handle cross jurisdictional issues effectively.
Costs vary by case complexity, attorney experience, and duration. Expect initial consultations to range from a few hundred to over a thousand dollars, with ongoing matters potentially spanning several months to years.
Yes, under certain conditions through the Alien Tort Statute, but current restrictions limit extraterritorial reach. A skilled attorney can determine whether a claim meets current standards and strategic goals.
Extradition matters depend on treaties and the agencies involved. An ICL attorney can coordinate with federal prosecutors and international partners to manage extradition or defense strategies.
Genocide targets a specific group with the intent to destroy it, while crimes against humanity refer to widespread or systematic abuses against civilians. Both are prosecutable under U.S. federal law, but the definitions and elements differ.
Bring any arrest or investigation notices, documents related to overseas conduct, communications with authorities, and a list of witnesses. A lawyer can assess jurisdiction, potential defenses, and immediate steps.
The U.S. Attorney for the Northern District of California prosecutes federal crimes in the district, coordinates with state and local agencies, and can pursue ICL cases involving Burlingame residents or businesses.
Civil ATS claims may be possible in some circumstances, but their viability depends on court rulings and the specifics of the overseas conduct. An ICL attorney can evaluate your options and risks.
Lawzana helps you find the best lawyers and law firms in Burlingame through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including International Criminal Law, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Burlingame, United States — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
