S. 4240 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

To amend section 2441 of title 18, United States Code, to broaden the scope 

of individuals subject to prosecution for war crimes. 

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 ‘‘Justice for Victims of War 

Crimes Act’’. 

SEC. 2. WAR CRIMES. 

Section 2441 of title 18, United States Code, is amended— 

(1) by striking subsection (b) and inserting the following: 

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

described in subsection (a) if— 

‘‘(1) the offense occurs in whole or in part within the 

United States; or 

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

‘‘(A) the victim or offender is— 

‘‘(i) a national of the United States or an alien 

lawfully admitted for permanent residence; or 

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

States, regardless of nationality; or 

‘‘(B) the offender is present in the United States, 

regardless of the nationality of the victim or offender.’’; 

and 

(2) by adding at the end the following: 

‘‘(e) NONAPPLICABILITY OF CERTAIN LIMITATIONS.—In the case 

of an offense described in subsection (a) and further described 

in subsections (c)(1) and (c)(3), an indictment may be found or 

an information may be instituted at any time without limitation. 

‘‘(f) CERTIFICATION REQUIREMENT.— 

‘‘(1) IN GENERAL.—No prosecution for an offense described 

in subsection (a) shall be undertaken by the United States 

except on written certification of the Attorney General, the 

Deputy Attorney General, or an Assistant Attorney General, 

which function of approving prosecutions may not be delegated, 

that a prosecution by the United States is in the public interest 

and necessary to secure substantial justice. 

‘‘(2) OFFENDER PRESENT IN UNITED STATES.—For an offense 

for which jurisdiction exists under subsection (b)(2)(B) (and 

does not exist under any other provision of subsection (b)), 

the written certification required under paragraph (1) of this 

subsection that a prosecution by the United States is in the 

public interest and necessary to secure substantial justice shall 
S. 4240—2 

be made by the Attorney General or the Deputy Attorney 

General, which function may not be delegated. In issuing such 

certification, the same official shall weigh and consider, among 

other relevant factors— 

‘‘(A) whether the alleged offender can be removed from 

the United States for purposes of prosecution in another 

jurisdiction; and 

‘‘(B) potential adverse consequences for nationals, 

servicemembers, or employees of the United States. 

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

Defense and Secretary of State may submit to the Attorney General 

for consideration their views generally regarding potential benefits, 

or potential adverse consequences for nationals, servicemembers, 

or employees of the United States, of prosecutions of offenses for 

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

‘‘(h) NO JUDICIAL REVIEW.—Certifications under subsection (f) 

and input from other agency heads under subsection (g) are not 

subject to judicial review. 

‘‘(i) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed as— 

‘‘(1) support for ratification of or accession to the Rome 

Statute of the International Criminal Court, which entered 

into force on July 1, 2002; or 

‘‘(2) consent by the United States to any assertion or exercise of jurisdiction by any international, hybrid, or foreign 

court.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.