What is the International Convention Against the Taking of Hostages (ICAT)?
The International Convention Against the Taking of Hostages (ICAT) is an international treaty providing legal protections against the taking and holding of hostages in non-international armed conflicts. It was created under the auspices of the United Nations and is the first ever international treaty protecting hostages from acts of terrorism in non-international armed conflicts. The Convention prohibits the taking and holding of hostages in any place of non-international armed conflict. It also requires signatories to take measures to prevent the practice in territories under their jurisdiction. Under the Convention, signatory states must take all possible steps to criminalize the taking or holding of hostages in non-international armed conflicts. They must also take measures to prevent hostage-taking and provide compensation and restitution to the victims. Additionally, the Convention establishes that states must cooperate in the investigation and prosecution of hostage-takers. If states are unable to prosecute hostage-takers, they must extradite them to a country that can, or surrender them to an international criminal court. In California, the taking and holding of hostages is a violation of both state and federal law. California’s Penal Code Section 209.5 criminalizes the taking of hostages, punishable by imprisonment for up to eight years. In addition, California’s Penal Code Section 210.4 also criminalizes the holding of hostages, with a punishment of up to life in prison. California’s criminal statutes related to hostage-taking generally mirror the requirements of the ICAT and are strong enough to deter the taking and holding of hostages.
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