Crime against law of nation

An act punishing “the crime of piracy, as defined by the law of nations punishing the” was held to be an appropriate exercise of the constitutional authority to “define and punish” the offense, since it adopted by reference the sufficiently precise definition of International Law. 1 .

In United States v.
Smith, 18 U.S. 153, 163 (U.S. 1820), it was held that true definition of crime against law of the nations is the same in the civil and common law, as in the law of nations, namely, robbery upon the seas; and that, as such, it was punishable by the British Courts in virtue of their general concurrent jurisdiction on the seas.

The criminal act element required for treason is levying war against the United States or adhering to the enemy by giving aid and comfort (18 U.S.C. § 2381, 2011).
Prosecutions for treason are practically nonexistent, so case law in this area is dated, yet still constitutes viable precedent.

Crime against law of the nations refers tocrimes which all nations agree to punish.
Such are murder and rape, among the civilized nations.
In United States v.