69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–468 

GENOCIDE ACCOUNTABILITY ACT OF 2007 

DECEMBER 4, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 2489] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 2489) to amend section 1091 of title 18, United States Code, 

to allow the prosecution of genocide in appropriate circumstances, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Performance Goals and Objectives ......................................................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

PURPOSE AND SUMMARY

H.R. 2489, the ‘‘Genocide Accountability Act of 2007,’’ strengthens the ability of the United States to prosecute perpetrators of 

genocide by amending title 18 of the United States Code to establish Federal criminal jurisdiction over the crime of genocide, wherever the crime is committed. The Act would close a procedural loopVerDate Aug 31 2005 00:23 Dec 05, 2007 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\HR468.XXX HR468

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1 International Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 

9, 1948, 78 U.N.T.S. 277, 280 [hereinafter Genocide Convention]. 2See id. at art. I. 3See id. at art. VIII; see also Genocide and the Rule of Law: Hearing Before the Subcomm. 

on Crime, Terrorism, and Homeland Security of the H. Comm. on the Judiciary, 110th Cong. 

(2007) (testimony of Diane Orentlicher). 4See Torture Convention Implementation, 18 U.S.C. §§ 2340–2340B; International Convention 

for the Protection of All Persons from Enforced Disappearance 2006, GA Res. 61/177, Dec. 20, 

2006, A/RES/61/177; 14 IHRR 582 (2007). 5Genocide Convention Implementation Act of 1987, 18 U.S.C. §§ 1091–1093. 6 Id. 

hole in current law that does not permit the United States Department of Justice to prosecute non-Americans in United States courts 

for genocide committed abroad. 

BACKGROUND AND NEED FOR THE LEGISLATION

In 1948, the United Nations General Assembly adopted the ‘‘Convention on the Prevention and Punishment of the Crime of Genocide.’’ 1 As its title suggests, the treaty imposes two core obligations 

on participating states. First, state parties must undertake efforts 

to prevent genocide. Second, state parties must commit to punish 

genocide as well as certain related acts, such as attempting to commit genocide.2 While the Genocide Convention requires state parties to do all they can to prevent genocide within their own borders, 

the states’ duty to prevent genocide does not stop at their own borders. Wherever genocide occurs, it engages other nations’ responsibility to act. Simply put, the Genocide Convention charges State 

parties to take effective action to prevent genocide or, when prevention has failed, to bring its murderous violence to a swift and certain end.3

The United Nations’ passage of the Convention Against Torture 

in 1984 and the Convention on Enforced Disappearances in 2006 

created new requirements for nations, in addition to those outlined 

in the Genocide Convention.4 The new obligations ask that member 

nations exercise jurisdiction over any individuals suspected of committing acts of genocide, in cases where the crime is committed: 

‘‘(1) in their territory; (2) by one of their nationals; (3) against one 

of their nationals; or (4) outside their territory when the alleged 

perpetrator is in their territory and he or she is not extradited for 

trial to another State or transferred to an international tribunal.’’ In response to the new conditions, several nations subsequently altered their genocide laws to reflect the Convention changes. As revised, their laws more effectively permit prosecution of many alleged perpetrators of genocide who previously used those nations as 

safe havens. 

The United States was the first Nation to sign the Genocide Convention in 1948. While the crime of genocide has been recognized 

as part of international law by the United States for nearly sixty 

years, it was not until 1987 that the ‘‘Proxmire Act’’ was enacted 

to bring our Nation’s law into conformity with the Genocide Convention.5 When read together with other provisions of the Federal 

criminal code concerning conspiracy and complicity, the Proxmire 

Act addresses the explicit obligations set forth in the Genocide Convention concerning prosecution of genocide and related criminal 

acts in United States courts. In addition, the Proxmire Act makes 

it a Federal crime for a United States national to commit genocide 

anywhere.6


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7The Justice Department can use its resources to deport or deny entry to human rights violators, extradite war criminals to their home countries (often through the Immigration and Nationality Act, but only if the United States has an extradition treaty with the nation), and prosecute individuals for offenses such as visa fraud, unlawful procurement of naturalization, and 

making false statements. 8 18 U.S.C. § 2340A. 9 18 U.S.C. § 2339B. 10 Id. 

Because current U.S. law lacks an extraterritorial jurisdiction 

clause for genocide, the Justice Department may not indict an individual for genocide committed outside the United States, even if 

the victim is an American citizen, unless the perpetrator is a 

United States national. Instead, the Department of Justice has to 

use other tools to pursue perpetrators of genocide.7

The use of extraterritorial jurisdiction provisions within our 

criminal code is not uncommon. There are criminal law provisions 

concerning torture,8 providing material support to terrorists,9 prohibiting the financing of terrorism,10 and a host of other crimes 

that apply to perpetrators found in the United States, even if they 

are not United States nationals and did not commit their crimes 

in the United States. This legislation provides for similar 

extraterritorial jurisdiction for crimes of genocide. 

On July 22, 2004, the House of Representatives passed H. Con. 

Res. 467, which recognized genocide as then occurring in the 

Darfur region of Sudan. As Congress considers this legislation, the 

genocide in Darfur is an ongoing crime. This legislation will 

strengthen the reach of U.S. laws to prosecute any individuals 

found in our Nation who have taken part in such acts of genocide, 

in Darfur or anywhere else. 

HEARINGS

The Subcommittee on Crime, Terrorism, and Homeland Security 

held 1 day of hearings on H.R. 2489 on October 23, 2007. Testimony was received from Eli Rosenbaum, Director, Office of Special 

Investigations, Criminal Division, United States Department of 

Justice; Diane F. Orentlicher, Professor, Washington College of 

Law, American University; Jerry Fowler, Director, Committee on 

Conscience, United States Holocaust Memorial Museum; and Gayle 

Smith, Senior Fellow, Center for American Progress. 

COMMITTEE CONSIDERATION

On November 1, 2007, the Subcommittee on Crime, Terrorism, 

and Homeland Security met in open session and ordered the bill, 

H.R. 2489, favorably reported by voice vote, a quorum being 

present. On November 7, 2007, the Committee met in open session 

and ordered the bill, H.R. 2489, favorably reported by voice vote, 

a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

2489. 


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COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2489, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 9, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2489, the ‘‘Genocide Accountability Act of 2007.’’

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 2489—Genocide Accountability Act of 2007. 

CBO estimates that implementing H.R. 2489 would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues, but CBO estimates that any 

such effects would not be significant. 

H.R. 2489 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 

H.R. 2489 would broaden the coverage of current laws against 

genocide. The bill would establish federal jurisdiction over those 

crimes wherever they occur (existing law covers incidents within 

the United States). As a result, under the bill the government 

would be able to pursue cases that it otherwise would not be able 

to prosecute. We expect that H.R. 2489 would apply to a relatively 


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small number of offenders, however, so any increase in costs for 

law enforcement, court proceedings, or prison operations would not 

be significant. Any such costs would be subject to the availability 

of appropriated funds. 

Because those prosecuted and convicted under H.R. 2489 could 

be subject to criminal fines, the federal government might collect 

additional fines if the legislation is enacted. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and 

later spent. CBO expects that any additional revenues and direct 

spending would not be significant because of the small number of 

cases affected. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. This estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 2489 is intended 

to strengthen the ability of the United States to prosecute perpetrators of genocide who are found in the United States. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article 1, section 8, clause 18 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 2489 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short Title. This section sets forth the short title of the 

bill as the ‘‘Genocide Accountability Act of 2007.’’

Sec. 2. Genocide. This section, while leaving unchanged the elements of the crime of genocide, applicable punishments under current law, and any defenses available to those charged, makes technical amendments to section 1091(d) of title 18 of the United States 

Code to clarify and extend its jurisdictional reach. 

Section 1091(d)(1), covering genocidal acts committed in the 

United States, is amended to clarify that it applies whether those 

acts are committed completely or only partially in the United 

States. Section 1091(d)(2), unchanged, covers alleged offenders who 

are United States nationals. New section 1091(d)(3) covers alleged 

offenders who are aliens lawfully admitted for permanent residence 

in the United States. New section 1091(d)(4) covers alleged offenders who are stateless individuals whose habitual residence is in the 

United States. And new section 1091(d)(5) covers alleged offenders 

physically present in the United States after the alleged genocidal 

act occurred. Paragraphs (2)-(5) apply regardless of where the genocidal act was committed. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 1091 OF TITLE 18, UNITED STATES CODE 

§ 1091. Genocide 

(a) * * * 

* * * * * * * 

ø(d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The circumstance referred to in subsections (a) and (c) is that— ø(1) the offense is committed within the United States; or 

ø(2) the alleged offender is a national of the United States 

(as defined in section 101 of the Immigration and Nationality 

Act (8 U.S.C. 1101)).¿ 

(d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The circumstance referred to in subsections (a) and (c) is that— (1) the offense is committed in whole or in part within the 

United States; 

(2) the alleged offender is a national of the United States 

(as that term is defined in section 101 of the Immigration and 

Nationality Act (8 U.S.C. 1101)); 

(3) the alleged offender is an alien lawfully admitted for 

permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 

U.S.C. 1101)); 

(4) the alleged offender is a stateless person whose habitual 

residence is in the United States; or 

(5) after the conduct required for the offense occurs, the alleged offender is brought into, or found in, the United States, 

even if that conduct occurred outside the United States. 

Æ 


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