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International Parental Kidnapping Crime Act
The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law. H.R. 3378, approved December 2, was assigned Public Law No. 103-173 and signed as Public Law 103-322 by President Bill Clinton on September 2, 1993. This law makes it a federal crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights, or to attempt to do so (See 18 U.S.C. § 1204.) This crime is punishable by up to three years in prison. The law provides an affirmative defense where the abducting parent acted pursuant to a valid court order obtained under the Uniform Child Custody Jurisdiction And Enforcement Act, or where the abducting parent was fleeing domestic violence, or where the failure to return the child resulted from circumstances beyond the taking parent's control and the taking parent made reasonable efforts to notify the left behind parent within 24 hours and returned the child as soon as possible.〔()〕 Since its enactment, the law has only been used in a very small minority of international child abduction cases prompting parents of internationally abducted children to claim an abuse of or prosecutorial discretion on the part of federal prosecutors.
==Background==
In 1999 it was reported that, in five years just 62 indictments and 13 convictions resulted from thousands of international child abduction cases of abductions. The Justice Department said it rarely pursues prosecutions under the IPKCA, because its prosecutors assume a U.S. indictment will prevent children from being returned. Speaking to a group of concerned parents at a 1999 Congressional hearing on international child abduction, Senator Strom Thurmond of South Carolina, who was the chairman of the Senate Judiciary subcommittee on Criminal Justice Oversight, said, "The law is rarely used. The () administration discouraged the Congress from passing this statute, which is evident from the department's reluctance to enforce it,"
In his signing statement Clinton remarked:
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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