```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1346 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1346

      To penalize crimes against humanity, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2009

 Mr. Durbin (for himself, Mr. Leahy, and Mr. Feingold) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
      To penalize crimes against humanity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crimes Against Humanity Act of 
2009''.

SEC. 2. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.

    (a) In General.--Part 1 of title 18, United States Code, is amended 
by inserting after chapter 25 the following:

                 ``CHAPTER 25A--CRIMES AGAINST HUMANITY

``Sec.
``519. Crimes against humanity.
``Sec. 519. Crimes against humanity
    ``(a) Offense.--It shall be unlawful for any person to commit or 
engage in, as part of a widespread and systematic attack directed 
against any civilian population, and with knowledge of the attack--
            ``(1) conduct that, if it occurred in the United States, 
        would violate--
                    ``(A) section 1111 of this title (relating to 
                murder);
                    ``(B) section 1581(a) of this title (relating to 
                peonage);
                    ``(C) section 1583(a)(1) of this title (relating to 
                kidnapping or carrying away individuals for involuntary 
                servitude or slavery);
                    ``(D) section 1584(a) of this title (relating to 
                sale into involuntary servitude);
                    ``(E) section 1589(a) of this title (relating to 
                forced labor); or
                    ``(F) section 1590(a) of this title (relating to 
                trafficking with respect to peonage, slavery, 
                involuntary servitude, or forced labor);
            ``(2) conduct that, if it occurred in the special maritime 
        and territorial jurisdiction of the United States, would 
        violate--
                    ``(A) section 1591(a) of this title (relating to 
                sex trafficking of children or by force, fraud, or 
                coercion);
                    ``(B) section 2241(a) of this title (relating to 
                aggravated sexual abuse by force or threat); or
                    ``(C) section 2242 of this title (relating to 
                sexual abuse);
            ``(3) conduct that, if it occurred in the special maritime 
        and territorial jurisdiction of the United States, and without 
        regard to whether the offender is the parent of the victim, 
        would violate section 1201(a) of this title (relating to 
        kidnapping);
            ``(4) conduct that, if it occurred in the United States, 
        would violate section 1203(a) of this title (relating to 
        hostage taking), notwithstanding any exception under subsection 
        (b) of section 1203;
            ``(5) conduct that would violate section 2340A of this 
        title (relating to torture);
            ``(6) extermination;
            ``(7) national, ethnic, racial, or religious cleansing;
            ``(8) arbitrary detention; or
            ``(9) imposed measures intended to prevent births.
    ``(b) Penalty.--Any person who violates subsection (a), or attempts 
or conspires to violate subsection (a)--
            ``(1) shall be fined under this title, imprisoned not more 
        than 20 years, or both; and
            ``(2) if the death of any person results from the violation 
        of subsection (a), shall be fined under this title and 
        imprisoned for any term of years or for life.
    ``(c) Jurisdiction.--There is jurisdiction over a violation of 
subsection (a), and any attempt or conspiracy to commit a violation of 
subsection (a), if--
            ``(1) the alleged offender is a national of the United 
        States or an alien lawfully admitted for permanent residence;
            ``(2) the alleged offender is a stateless person whose 
        habitual residence is in the United States;
            ``(3) the alleged offender is present in the United States, 
        regardless of the nationality of the alleged offender; or
            ``(4) the offense is committed in whole or in part within 
        the United States.
    ``(d) Nonapplicability of Certain Limitations.--Notwithstanding 
section 3282 of this title, in the case of an offense under this 
section, an indictment may be found, or information instituted, at any 
time without limitation.
    ``(e) Definitions.--In this section:
            ``(1) Arbitrary detention.--The term `arbitrary detention' 
        means imprisonment or other severe deprivation of physical 
        liberty except on such grounds and in accordance with such 
        procedure as are established by the law of the jurisdiction 
        where such imprisonment or other severe deprivation of physical 
        liberty took place.
            ``(2) Armed group.--The term `armed group' means any army, 
        militia, or other military organization, whether or not it is 
        State-sponsored, excluding any group assembled solely for 
        nonviolent political association.
            ``(3) Attack directed against any civilian population.--The 
        term `attack directed against any civilian population' means a 
        course of conduct in which a civilian population is a primary 
        rather than an incidental target.
            ``(4) Ethnic group; national group; racial group; religious 
        group.--The terms `ethnic group', `national group', `racial 
        group', and `religious group' have the meanings given those 
        terms in section 1093 of this title.
            ``(5) Extermination.--The term `extermination' means 
        subjecting a civilian population to conditions of life that are 
        intended to cause the physical destruction of the group in 
        whole or in part.
            ``(6) Lawfully admitted for permanent residence; national 
        of the united states.--The terms `lawfully admitted for 
        permanent residence' and `national of the United States' have 
        the meanings give those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            ``(7) National, ethnic, racial, or religious cleansing.--
        The term `national, ethnic, racial, or religious cleansing' 
        means the intentional and forced displacement from 1 country to 
        another or within a country of any national group, ethnic 
        group, racial group, or religious group in whole or in part, by 
        expulsion or other coercive acts from the area in which they 
        are lawfully present, except when the displacement is in 
        accordance with applicable laws of armed conflict that permit 
        involuntary and temporary displacement of a population to 
        ensure its security or when imperative military reasons so 
        demand.
            ``(8) Systematic.--The term `systematic' means pursuant to 
        or in furtherance of the policy of a State or armed group.
            ``(9) Widespread.--The term `widespread' means involving 
        multiple victims.''.
    (b) Clerical Amendment.--The table of chapters for part 1 of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 25 the following:

``25A. Crimes against humanity..............................     519''.
                                 <all>
```