Hostage taking is the offense of seizing or detaining a person and threatening to kill, injure or continue to detain them in order to compel a third party, such as a government, an organization or another individual, to do or abstain from doing something as a condition of the hostage's release. It is distinguished from ordinary kidnapping by this compulsion element, the demand made of a third party rather than the victim, and is treated with particular severity in most legal systems and under international law because of the risk it poses to the hostage's life and the direct challenge it poses to state authority when the demand is made of a government. Hostage takings arising during an armed robbery or a failed escape, where offenders take hostages to bargain for safe passage, are treated as the same offense as a premeditated hostage taking carried out from the outset, since the legal definition turns on the act and the coercive demand rather than on how the situation began. Because a hostage's life is directly at risk for the duration of the incident, hostage taking has historically driven the development of specialized law-enforcement negotiation and tactical-response units distinct from ordinary criminal investigation.
Facts
Classification CodeHostage taking is treated differently by context: in civil society it is an ordinary criminal offense related to kidnapping and extortion, while in armed conflict it is classified as a war crime, distinct from the lawful holding of prisoners of war. 2 Typical PenaltyUnder United States federal law, hostage taking is punished by imprisonment for any term of years or for life, and if the hostage dies as a result, by death or life imprisonment. 2 Elements of OffenseUnder United States federal law, hostage taking is committed by whoever seizes or detains a person and threatens to kill, injure or continue detaining them in order to compel a third person or government to act or refrain from acting, including an attempt or conspiracy to do so. 2 Notable ExampleA widely documented hostage taking is the 1972 Munich massacre, in which the Palestinian group Black September took eleven Israeli Olympic team members hostage during the Munich Summer Olympics and killed them along with a West German police officer. 2 Jurisdiction VariationNational responses to hostage taking for ransom vary: the United States has held an official policy against negotiating with terrorists since the Nixon administration and the United Kingdom follows a similar policy, but many continental European countries, including France and Spain, routinely pay ransom. 2 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Associated With
Kidnapping, Offenses The two offenses are prone to blend together and are distinguished mainly by whether the goal is financial extortion or a political or geopolitical demand.
Source Hostage (Wikipedia)
Has Offense Grade
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
Sources
1. Cornell LII Wex: Hostage Taking
Main definition paragraphQuote, Main definition paragraph
seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so
2. Hostage (Wikipedia)
WikipediaLead section, third paragraph
In civil society, along with kidnapping for ransom and human trafficking (often willing to ransom its captives when lucrative or to trade on influence), hostage taking is a criminal activity. In the military context, hostages are distinct from prisoners of war-despite prisoners being used as collateral in prisoner exchange-and hostage taking is regarded as a war crime.
Hostage Taking Act section, subsection (a)
whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so
Ransom payment strategies section
The United States has had an official policy of "we do not negotiate with terrorists" since the Nixon Administration. This applies to designated international terrorist groups, but not domestic kidnappers, foreign governments, or international organized crime. The United Kingdom has a similar policy, but many continental European countries, including France and Spain, routinely pay ransom.
Notable hostages crises section
The Munich massacre (1972) - During the 1972 Summer Olympics in Munich, West Germany, a Palestinian terrorist group known as Black September took eleven Israeli Olympic team members hostage and killed them along with a West German police officer.
Hostage Taking Act section, subsection (a), elements clause
whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so
Hostage Taking Act section, subsection (a), penalty clause
shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
Associated With: Kidnapping, Lead section, fourth paragraph
Hostage taking and kidnapping are prone to blend together. When the goal is strictly financial, the primary lens is one of extortion, even in the face of a severe threat to the safety of the captive person if the financial negotiation fails; conversely, when the goal is political or geopolitical, the primary lens is terrorism.
View the Source Legal Information Institute, Cornell Law School: 18 U.S. Code § 1203 - Hostage taking
Legal Information Institute, Cornell Law SchoolIn Group: Kidnapping, Hostage-Taking and Unlawful Confinement, Statute textQuote, In Group: Kidnapping, Hostage-Taking and Unlawful Confinement, Statute text
Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.
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