Hostage Taking (18 U.S.C. §  1203)—Prosecution Policy

It is the view of the Department of Justice that most hostage taking matters that arise within the United States are best handled by State and local authorities. However, there may at times be situations in which Federal involvement is appropriate (e.g., if the hostage is a Federal official or an international guest, the party against whom a demand is made is the United States, the perpetrators are international terrorists, etc.). Because of the strong preference for State and local handling of hostage taking matters within the United States, attorneys for the government should discuss a proposed prosecution with the Criminal Division prior to its initiation. In cases of hostage taking outside the United States, other factors, such as legal issues regarding the exercise of extraterritorial jurisdiction, foreign policy considerations, and costs, are involved. Therefore, in cases involving an assertion of extraterritorial jurisdiction, it is mandatory that attorneys for the government seek approval from the Criminal Division prior to the initiation of a proposed prosecution. See

JM 9-2.136

.

Investigative jurisdiction on hostage taking matters is with the Federal Bureau of Investigation (FBI). The Counterterrorism Section (CTS) of the National Security Division has supervisory authority.

[updated January 2020]