Best International Criminal Law Lawyers in Pennsylvania

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Buttner Law
Scranton, United States

Founded in 1989
5 people in their team
Address :  Scranton Bank BuildingSuite 400108 N. Washington AvenueScranton, PA18503Phone:  (570) 341-5190Email :  [email protected]: https://buttnerlaw.comAttorney Robert M. Buttner is a seasoned legal professional with over 30 years of experience specializing in criminal...
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1. About International Criminal Law in Pennsylvania, United States

International Criminal Law (ICL) addresses crimes with cross border or global significance, such as genocide, war crimes, crimes against humanity, terrorism, and violations of sanctions or international treaties. In the United States, many ICL matters are pursued in federal courts under national statutes and international agreements. Pennsylvania residents will encounter ICL primarily through federal prosecutions or civil actions, and through extradition or cooperation with foreign authorities.

Within Pennsylvania, practitioners often handle ICL issues by coordinating with federal prosecutors in the Western and Middle Districts of Pennsylvania, as well as with state and local agencies on cross border or sanctions questions. The bulk of ICL enforcement in Pennsylvania today comes from federal statutes, treaty obligations, and sanctions regimes rather than unique Pennsylvania-only criminal provisions. Understanding which forum applies (federal court, state court, or administrative enforcement) is essential for an effective legal strategy.

For residents, a solid ICL approach usually means early assessment by a lawyer who can navigate federal statutes, international cooperation channels, and cross jurisdictional issues such as extradition and sanctions compliance. Counsel should be prepared to explain both the legal theories and practical steps, including how investigations are conducted and how to preserve rights during cross border proceedings. This guide highlights concrete scenarios, key statutes, and practical steps specific to Pennsylvania residents.

2. Why You May Need a Lawyer

  • You are charged in federal court in Pennsylvania with material support to a terrorist organization under 18 U.S.C. § 2339B. A lawyer can assess the factual record, advise on possible defenses, and manage cooperation with federal investigators. Such charges implicate national security and complex evidentiary standards.
  • You operate a Pennsylvania business that faces sanctions or export control exposure under the IEEPA or OFAC rules. An attorney can help review transactions, implement compliance measures, and respond to government inquiries to reduce penalties or liability.
  • You or a loved one are victims seeking relief for international rights violations in federal court under the Alien Tort Statute or related claims. A lawyer can evaluate jurisdiction, choice of law, and remedies, and pursue appropriate civil actions in Pennsylvania or elsewhere.
  • You are involved in extradition or surrender proceedings involving a foreign country and Pennsylvania authorities. A lawyer can protect due process rights, challenge improper detainer actions, and navigate the U.S. and foreign legal frameworks.
  • You are a Pennsylvania resident who traveled abroad and became implicated in war crimes, genocide, or crimes against humanity. An attorney can advise on defenses, evidence preservation, and coordination with international and federal authorities.
  • You are a Pennsylvania-based company or individual accused of violating international sanctions, anti-terrorism, or anti-corruption regimes. An attorney can evaluate the case, advise on internal investigations, and negotiate resolutions with federal prosecutors.

In all these scenarios, timing matters. Early counsel can identify applicable statutes, preserve defenses, and map out a strategy that aligns with federal and international procedures. A Pennsylvania attorney with experience in international criminal law can also coordinate with federal offices such as the U.S. Attorney for the Western District of Pennsylvania to clarify jurisdiction and process.

3. Local Laws Overview

War Crimes Act, 18 U.S.C. § 2441 - This federal statute criminalizes war crimes committed in violation of the laws of war and applies to acts by individuals in Pennsylvania or elsewhere in the United States. Proceedings are typically in federal court, with penalties aligned to the severity of the crime. See 18 U.S.C. § 2441 for the statute text and scope. Source.

Genocide Statute, 18 U.S.C. § 1091 - The Genocide Act makes certain acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group unlawful. Prosecutions under this statute in Pennsylvania occur in federal courts and reflect international law commitments. See 18 U.S.C. § 1091. Source.

Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), constrains the extraterritorial reach of the Alien Tort Statute, affecting how some Pennsylvania-based claims are litigated in federal courts.

Alien Tort Statute, 28 U.S.C. § 1350 - The ATS provides a civil remedy for certain international law violations in U.S. courts, though its extraterritorial application has been narrowed by Supreme Court decisions such as Kiobel. See 28 U.S.C. § 1350 for the statutory text. Source.

Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. - The FSIA governs lawsuits against foreign states in U.S. courts, including Pennsylvania-based actions. It defines immunity and permissible exceptions for claims against foreign sovereigns. See 28 U.S.C. § 1602 et seq. Source.

International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq.; OFAC - IEEPA authorizes the President to regulate international economic transactions during national emergencies, with OFAC administering sanctions programs that Pennsylvania individuals or businesses must comply with. See 50 U.S.C. § 1701 et seq. Source and OFAC.

Recent trends include limitations on extraterritorial reach for civil claims under the ATS and increased emphasis on sanctions compliance. For example, Kiobel v. Royal Dutch Petroleum Co. narrows extraterritorial ATS exposure. Supreme Court summary.

Practical note for Pennsylvania residents: these statutes are federal in scope and can impact Pennsylvania investigations, civil suits, and cross border enforcement. You will typically rely on federal courts in Pennsylvania or elsewhere for enforcement and on federal agencies for compliance oversight. For Pennsylvania filings or inquiries, consult the district court websites and the U.S. Attorney's Office for the relevant district.

4. Frequently Asked Questions

What is International Criminal Law and how does it relate to Pennsylvania?

International Criminal Law covers crimes of global concern such as genocide, war crimes, and terrorism. In Pennsylvania, most IC L matters are handled in federal court or through international cooperation with federal authorities. State courts rarely prosecute ICL offenses, but they may handle related procedural issues and local implications.

How do I know if my case involves international criminal law in Pennsylvania?

Contact a lawyer if you face charges under federal statutes like the War Crimes Act or if your civil dispute involves the Foreign Sovereign Immunities Act. If the case involves sanctions, treaties, or cross border conduct, it may fall under ICL. A qualified attorney can evaluate the facts and determine the proper forum.

What is the difference between federal and state jurisdiction for ICL matters in PA?

Federal courts handle most ICL criminal prosecutions and civil claims, due to federal criminal statutes and international treaties. State courts may address local procedural or related issues, but typically cannot prosecute federal ICL offenses. A Pennsylvania attorney can advise which forum applies in a given situation.

How long does an international criminal law case take to resolve in Pennsylvania?

Timelines vary widely. Federal investigations may take months to years, especially in complex terrorism or war crimes matters. Civil ATS or FSIA proceedings can also span years, depending on discovery, motions, and appeals. An attorney can provide case-specific estimates.

Do I need a Pennsylvania attorney or a federal litigator for ICL matters?

Most ICL matters in PA require a federal litigator or a lawyer experienced with federal procedures and international law. A Pennsylvania attorney with federal practice experience can manage coordination with U.S. Attorneys and courts within the district.

Can I be charged in Pennsylvania for acts committed abroad?

Yes, federal statutes cover crimes committed abroad, including genocide, war crimes, and material support to terrorism. Prosecutions are typically brought in federal court and may involve evidence from multiple jurisdictions. A lawyer can guide you through extradition and plea options if applicable.

Is the Alien Tort Statute applicable in Pennsylvania?

The Alien Tort Statute permits some civil claims for violations of international law. However, its extraterritorial reach has been narrowed by Supreme Court decisions, including Kiobel. Cases may be dismissed or limited based on where the conduct occurred.

How much does it cost to hire an International Criminal Law attorney in PA?

Costs vary by case complexity and attorney experience. Some firms bill hourly, others offer flat fees for specific services or retainers for investigations. Ask about expected total costs, including experts and travel, during the initial consultation.

What is the process for a Pennsylvania extradition request?

Extradition involves a formal request from another jurisdiction and may require a hearing under state law. A Pennsylvania attorney can advocate for rights, challenge improper requests, and coordinate with the U.S. authorities to ensure due process. Timelines depend on the specific jurisdiction and case posture.

What is the difference between a civil ATS claim and a criminal ICL charge?

Criminal ICL charges involve prosecution for offenses under federal statutes. Civil ATS claims seek damages for international law violations in court. The standards of proof, damages, and defenses differ, requiring distinct legal strategies.

Do I need to preserve documents if I am investigated for sanctions violations?

Yes. Preserve financial records, communications, and transaction histories relevant to sanctions compliance. A lawyer can guide you on preserving materials for potential investigations or settlements and help minimize penalties.

5. Additional Resources

U.S. Department of Justice - Office of International Affairs - Coordinates international cooperation in criminal matters, including war crimes and crimes against humanity investigations and prosecutions. Link provides guidance on international cooperation and case handling. Source.

U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC) - Administers sanctions programs against foreign targets and enforces compliance for U.S. persons and entities. Useful for understanding potential penalties and compliance obligations. Source.

U.S. Attorney's Office - Western District of Pennsylvania - Responsible for prosecuting federal cases within its district, including ICL matters involving residents of Pennsylvania. Official site provides resources and case information. Source.

Pennsylvania General Assembly - Legislation Website - Official portal for Pennsylvania statutes and legislative history, helpful for understanding any state level interactions with international law and cross border enforcement. Source.

6. Next Steps

  1. Identify the core issue and forum likely to handle the matter (federal court, civil, or administrative). Allocate 1-2 weeks for initial assessment with a lawyer who specializes in international criminal law.
  2. Compile all relevant documents and communications, including court notices, government requests, contracts, and financial records. Allow 1-3 weeks for collection and organization.
  3. Consult with a Pennsylvania attorney experienced in federal ICL matters to evaluate potential defenses, exposure, and the best jurisdiction. Schedule a consultation within 1-2 weeks after collecting documents.
  4. Discuss potential defenses and strategy, including discovery plans, rights advisories, and anticipated timelines. Expect multiple consultations as the case develops.
  5. Ask about fees, anticipated costs, and billing structure. Request an itemized engagement plan or retainer agreement before formal representation begins.
  6. Obtain and review any foreign or domestic records that may impact the case, including sanctions screens, export controls, and treaty obligations. Do this concurrently with the initial representation.
  7. Agree on a practical plan and timeline, including deadlines for filings, hearings, and potential negotiations or settlement options. Review progress at regular intervals with your legal counsel.

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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.

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