CAN ONLY CITIZENS ENGAGE IN TREASON?


By Peter J. Spiro, 2020; The Oxford Handbook of Citizenship, 2018; Diego Acosta, 2018; Nils A. Butenschon et al.,2000; Samuel P. Huntington’s 2005; Patrick Weil, 1789

Is it possible for just citizens to commit treason?

Under current US law, only people who "owe loyalty to the United States" may be judged guilty of treason if they have waged war against the United States or provided aid and comfort to its adversaries.

In principle, "allegiance" may extend to permanent residents, although no such case seems to have ever been tried. (It would have been acceptable to apply it to the aforementioned declarant immigrants who had proclaimed their desire to naturalise.) Since 1952, when California-born Tomoya Kawakita was convicted of treason for his maltreatment of US prisoners of war during World War II, there has been no treason conviction in the United States. Although many US-born people fought for the Axis countries, they would have immediately forfeited their US citizenship if they enlisted in the armed forces of another country.

Because his activities were carried out while working for a Japanese firm, Kawakita retained his citizenship and was therefore vulnerable to the treason accusation. The US procedure is similar to that of other nations, which have solely prosecuted natives for treason.

Some criminal laws only apply to citizens on an extraterritorial basis. The Foreign Corrupt Practices Act, which criminalises paying foreign authorities overseas to get business, applies to "US individuals," who include US citizens and permanent residents. In 2003, federal legislation was updated to make it illegal for US citizens to go overseas to participate in sex with children, a criminal step targeted against the sex tourism sector. These actions are considered "nationality jurisdiction" under international law, which allows governments to punish its nationals for extraterritoriality.

Attribution:

1. Photo by Noelle Otto from Pexels

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