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He was being held in a US prison, at the direction of the US government, That would not apply if he was held in a international court, and the US refuses to allow its s citizens to be transferred to the international criminal coourt/
If their were not charges pressed he could have walked out under a writ within hours. The amount of time they can hold you pending charges is measured in hours.
Pain shared is divided, joy shared is multiplied
Cyclops straight up murdered a guy in front of a bunch of witnesses who can testify to that in court. Doesn't matter if Cyclops was mirandized or not. He can be arrested on that alone.
In the Year 2525
Realistically if he hasn't been charged, why wouldn't he be? He certainly committed enough unlawful acts to justify an arrest. And Steve did tell him he was under arrrest when they tried taking him in in AvX 11.
And if Utopia is an indipendent state or at least not part of the US (and I think it is or, among other things, the reference to international law in AVX #3 would not make sense) could a US court judge him for something that happened on Utopia? I'm not an expert, but I doubt it.