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Re:NASA said to be investigating first allegation of a crime... by gus_massa on Saturday August 24, 2019 @12:48PM (#20788174)
I is weird. I expected something like the laws for international waters, i.e. the flag of the ship determines the jurisdiction.

In case someone in the (former) Space Shuttle kills another person on purpose, I expect USA to prosecute him/her in spite the nationality of the murderer.

Perhaps there are special rules in the ISS because each module is from a different country??? (What happens if someone shots from the Russian module, the bullet goes to the European module and it kills someone in the American module?)

Re:NASA said to be investigating first allegation of a crime... by twic on Saturday August 24, 2019 @08:22PM (#20790567)
This has indeed been covered [1]:

> Let us suppose that an astronaut located in the module of State B shoots a weapon and injures another astronaut located in the module of State C: On which territory did the offense actually take place? In order to eliminate all these practical problems, the territoriality principle was again excluded, and instead the active nationality principle was adopted as the basic rule for criminal matters on the ISS.

The "active nationality principle", which is part of the space station agreement, the treaty governing the station, states that jurisdiction belongs to the state of which the perpetrator is a citizen. There is also a secondary "passive nationality principle" which applies if the perpetrator's state doesn't prosecute them, and allows the state of the victim, or which owns any property which was damaged, to take jurisidiction.

[1] https://www.researchgate.net/publication/270646335_Criminal_...

Re:NASA said to be investigating first allegation of a crime... by yellowapple on Saturday August 24, 2019 @02:27PM (#20788810)
> What happens if someone shots from the Russian module, the bullet goes to the European module and it kills someone in the American module?

In this case, at least per the article, it'd just be prosecuted under the suspect's nation's laws.

If space law were modeled off international waters law, though, then I'd imagine any case law pertaining to crimes involving multiple ships of different nationalities (e.g. an American ship, a European ship, and a Russian ship are bridged together to exchange supplies, and someone shoots from the Russian ship, bounces the bullet off the European ship, and the bullet hits and kills someone on the American ship) would apply here.

Re:NASA said to be investigating first allegation of a crime... by cat199 on Saturday August 24, 2019 @06:49PM (#20790186)
I would not be surprised at all if ISS is governed by a specific treaty involving the member nations, which may or may not supercede or be different than whatever would be 'defacto law' in some other hypothetical situation