117TH CONGRESS 

2D SESSION S. 4240 

AN ACT 

To amend section 2441 of title 18, United States Code, 

to broaden the scope of individuals subject to prosecution 

for war crimes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 4240 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice for Victims 

3 of War Crimes Act’’. 

4 SEC. 2. WAR CRIMES. 

5 Section 2441 of title 18, United States Code, is 

6 amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) JURISDICTION.—There is jurisdiction over an 

10 offense described in subsection (a) if— 

11 ‘‘(1) the offense occurs in whole or in part with12 in the United States; or 

13 ‘‘(2) regardless of where the offense occurs— 

14 ‘‘(A) the victim or offender is— 

15 ‘‘(i) a national of the United States or 

16 an alien lawfully admitted for permanent 

17 residence; or 

18 ‘‘(ii) a member of the Armed Forces 

19 of the United States, regardless of nation20 ality; or 

21 ‘‘(B) the offender is present in the United 

22 States, regardless of the nationality of the vic23 tim or offender.’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(e) NONAPPLICABILITY OF CERTAIN LIMITA26 TIONS.—In the case of an offense described in subsection 
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1 (a) and further described in subsections (c)(1) and (c)(3), 

2 an indictment may be found or an information may be 

3 instituted at any time without limitation. 

4 ‘‘(f) CERTIFICATION REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—No prosecution for an of6 fense described in subsection (a) shall be undertaken 

7 by the United States except on written certification 

8 of the Attorney General, the Deputy Attorney Gen9 eral, or an Assistant Attorney General, which func10 tion of approving prosecutions may not be delegated, 

11 that a prosecution by the United States is in the 

12 public interest and necessary to secure substantial 

13 justice. 

14 ‘‘(2) OFFENDER PRESENT IN UNITED

15 STATES.—For an offense for which jurisdiction ex16 ists under subsection (b)(2)(B) (and does not exist 

17 under any other provision of subsection (b)), the 

18 written certification required under paragraph (1) of 

19 this subsection that a prosecution by the United 

20 States is in the public interest and necessary to se21 cure substantial justice shall be made by the Attor22 ney General or the Deputy Attorney General, which 

23 function may not be delegated. In issuing such cer24 tification, the same official shall weigh and consider, 

25 among other relevant factors— 
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1 ‘‘(A) whether the alleged offender can be 

2 removed from the United States for purposes of 

3 prosecution in another jurisdiction; and 

4 ‘‘(B) potential adverse consequences for 

5 nationals, servicemembers, or employees of the 

6 United States. 

7 ‘‘(g) INPUT FROM OTHER AGENCY HEADS.—The 

8 Secretary of Defense and Secretary of State may submit 

9 to the Attorney General for consideration their views gen10 erally regarding potential benefits, or potential adverse 

11 consequences for nationals, servicemembers, or employees 

12 of the United States, of prosecutions of offenses for which 

13 jurisdiction exists under subsection (b)(2)(B). 

14 ‘‘(h) NO JUDICIAL REVIEW.—Certifications under 

15 subsection (f) and input from other agency heads under 

16 subsection (g) are not subject to judicial review. 

17 ‘‘(i) RULES OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed as— 

19 ‘‘(1) support for ratification of or accession to 

20 the Rome Statute of the International Criminal 

21 Court, which entered into force on July 1, 2002; or 
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1 ‘‘(2) consent by the United States to any asser2 tion or exercise of jurisdiction by any international, 

3 hybrid, or foreign court.’’. 

Passed the Senate December 21, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 4240 

AN ACT 

To amend section 2441 of title 18, United States 

to prosecution for war crimes. Code, to broaden the scope of individuals subject