Can we work towards holding the Maoist terrorists accountable according to the US laws? Because they are now in US, I guess they can be held responsible and US courts can issue arrest warrant against them if the law suit is worked out properly. I am not a legal professional. I am a student of communication and Journalism at a university in Atlanta. I hope the Nepali legal experts in USA will work towards this, because this is really a serious issue. Crimes against humanity must not go unpunished. I am not biased to any political party in particular due to my personal conviction/prejudices; my only intention is to upheld the rule of law in society. I urge to Nepali community (especially legal professionals, professors, victims of Maoists/state(?) in USA) to seriously think over this issue and help establish a norm that the criminals are punished eventually!!!!!!

There can be numerous evidence (and really there are) to prove that the Maoist leaders Suresh Ale and “Prabhakar”(I don’t remember his full name) are personally responsible for ordering, acting and implementing the programs of prosecution and oppression, killings and disappearance, abduction and severe torture in Nepal during the conflict. The evidence is not that difficult I guess. These war criminals directed the indiscriminate campaign of terror against civilians in Nepal. There are numerous instances that the international perpetrators of crimes against humanity are convicted by US courts and tribunals.

Some examples: 

1. Yamashita (see 377 US at 14, 66 S. Ct. at 347): a commander of Japanese Armed force in Philippine Islands during WW2. Court held him for pervasive war crime.
2. Forti v. Suarez Mason : Argentine general was held in US.
3. Diana v Gramazo etc.

What are the US legal bases for that?

1. Torture Victim protection Act 1991. there is the provision of enough jurisdiction. 28 USC 1331 –the gross violation of international human rights law “arise under” federal common law. ...any individual, under any color of law, of any foreign nation...subjects an individual to torture shall be liable for damages to that individual (TVPA 2(a) (1). Lets find the victims of torture in US or anywhere else.
2. Torture is under the Jus Cogen norm, non-derogable and thus supercedes any “immunities” to any person and doesn’t allow to remain Mr. Ale and Prabhakar at large in US just because they are foreign. This is an overarching norm that is more than simply a customary law. 
3. US has ratified (though with reservation) the UN Convention against torture.
4. Filartiga case has determined that “federal jusrisdiction over cases involving international law is clear”. Maoists have committed summary execution, disappearance, torture, arbitrary detention etc. in Nepal, and there are numerous records and evidences.
5. Alien Tort Claims Act: it gives federal courts an “ORIGINAL JURISDICTION” over any civilian action by an alien for a tort”. The only thing we need to do is to gather tort evidence.

In my humble layman's opinion, I do not think it is possible.

Burden of proof lies on the accuser, i.e. you.

Granted that what you say might be true.  They might very well have committed crimes against humanity.  But here are the questions.  First, where is the proof?  Second, can those proof positives be producible in court? Third, does US judicial system have jurisdiction over crimes committed in foreign land? 

If these two men are already here, they have already passed the US embassy's character assessment.  They have already been deemed "ok", so to speak, by the consular otherwise they would not have been given visas.

Please take this as a matter of fact.  I am not saying anything either way about what you have asserted.  All I am saying is that if you have been wronged by these two individuals, it is highly unlikely that you will get any redress here in the US.

But, what do I know?

we have to kill and ignore them

SQV's concerns are right that its hard to get the producible evidences but these are not sth that are already there as granted. we can work out producing them, may be there are victims of Maoists here is US. I am also one of the victims  but not a torture victim. we need to find the torture victim.  Some may be here in US who have exhausted domestic remedies  and  staying  in US as a refugee (not those fake refugees...). Command responsibility is sth that can be used against them. Your next concern: does US judicial system have jurisdiction over crimes committed in foreign land? I say yes, there is. Not for all the crimes but Torture and crimes against humanity. (Jus Cogens). I want to get more authentic responses from legal professionals. Thank you SQV for your good response.

and another concern is that though they have gone through US embassy's character assessment, that is in my mind just a political/bureaucratic decision. Judicial thing is different. Gramazo from Guatemala (Army General)  was a student at Harvard school of government but was arrested on the day of his graduation and held responsible for his crimes in US federal court.

If they were part of the culprit, should bear the consiquence.

The united states government does not have judicial authority over crimes committed on foreign land, and international matters are settled in US Supreme Court rather than lower appelate, state or federal courts. however they can be tried in the international court of criminal appeals( Geneva, Switzerland).

However, what we can do as citizens of Nepal is send in a sheet with hundreds of signatories to the U.S. Department of State stating these people have committed crimes against humanity, are COMMUNISTS, and have used violence in the past to achieve political recognition. that'll get'em fired up, and that the Nepalese community in united states will not accept a Maoist as an envoy of Nepal both to the United Nations and to the United States.

If you want to file a case against them then better hurry, because very soon they are leaving with chunk of money given by US base Nepali Maoist. Good Luck.

kata chha tyo sale chor gadha haru.............

lets kill them.......................here and gayab parideu...............