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spearheading of extraterritorial investigation and prosecution could precipitate retaliatory arrests and extrajudicial killings. The consequences of foreign relations criminalization are significant: the U.S. “The broad paradigm of extraterritorial policing and regulation in the postwar era constitutes an ‘overlooked’ aspect of American global power,” Koh writes in a paper for the Fordham Law Review. global power” that could wind up “supplanting foreign policy.” Linking extraterritorial law enforcement to domestic criminalization, Koh contextualizes this punishment model as an “alternative model of U.S. indictment of Venezuelan President Nicolás Maduro for conspiring with Fuerzas Armadas Revolucionarias de Colombia (FARC) to facilitate an international cocaine-trafficking regime, to pursuing a criminal case of fraud against Meng Wanzhou, the CFO of the Chinese telecommunications technology company Huawei, the growing number of U.S.-led foreign affairs prosecutions represents a disturbing trend towards over-aggressive extraterritorial law enforcement, Koh argues.Įditor’s Note: The Justice Department agreed in September to drop its efforts to extradite Meng Wanzhou from Canada after she admitted to some wrongdoing, but the legal battle with Huawei is continuing. Steven Arrigg Koh terms the “overcriminalization” of foreign relations.įrom the U.S. U.S.-led criminal investigations increasingly extend beyond national borders, creating a crisis of foreign extraterritorial law enforcement that Boston College Law School Prof.