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Today, President Obama announced a new policy with regard to Americans taken hostage abroad. According to the president, the current policy that the US government will not pay ransom or make concessions to hostage-takers has not changed. What has changed is that the government will not prosecute anyone (e.g. family members) who do attempt to pay a ransom.
It is technically illegal to negotiate for the release of foreign hostages – the law has mostly been used to discourage family members (via threat of prosecution) from being in contact with their loved one’s kidnappers. The president pointed out that no one has ever been prosecuted under the law. He implied that government would no longer threaten families with prosecution for negotiating or paying ransom.
In addition, new working groups are being created across agencies and in the FBI to coordinate hostage recovery efforts and share information and intelligence with families.
The most immediate effect will be to increase the potential value of existing American hostages abroad. And it puts every American living or traveling abroad at increased risk of becoming the next hostage. Here’s why:
- Although the US will not pay ransom, the announcement makes it clear that others will be free to do so, possibly with government help. Obama specifically stated that the new “fusion cells” could “assist with communications” between families and hostage takers and “assure they are not defrauded”. Obama’s language clearly indicates that the government’s role could include facilitating the paying of ransom. Is the US government in the business of negotiating for hostages or is it not?
- Obama very publicly announced that not only has nobody ever been prosecuted for paying a ransom for a foreign hostage, but also that under his administration, nobody ever will. It was a clear public statement that money can now be made from taking Americans hostage.
This change is being implemented via executive order (yes, another duly enacted law bites the dust), so the policy may only last as long as the Obama administration. In the meantime, Americans and their families may suffer the consequences.
