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Union Calendar No. 367

104TH CONGRESS

2D SESSION H. R. 3680

[Report No. 104–698]

To amend title 18, United States Code, to carry out the international obligations of the United States under the Geneva Conventions to provide

criminal penalties for certain war crimes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 19, 1996

Mr. JONES (for himself, Mr. HOKE, Mr. STUMP, Mr. SOLOMON, Mr. MCHALE,

Mr. HUNTER, Mr. MONTGOMERY, Mr. LEWIS of Kentucky, Mr.

TORKILDSEN, Mr. WATTS of Oklahoma, Mr. EVERETT, Mr. MCHUGH,

Mr. ORTIZ, Mr. HOSTETTLER, Mrs. FOWLER, Mr. LONGLEY, and Mr.

KOLBE) introduced the following bill; which was referred to the Committee on the Judiciary

JULY 24, 1996

Additional sponsors: Mr. CHAMBLISS and Mr. DORNAN

JULY 24, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 18, United States Code, to carry out the

international obligations of the United States under the

Geneva Conventions to provide criminal penalties for certain war crimes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘War Crimes Act of

5 1996’’.

6 SEC. 2. CRIMINAL PENALTIES FOR CERTAIN WAR CRIMES.

7 (a) IN GENERAL.—Title 18, United States Code, is

8 amended by inserting after chapter 117 the following:

9 ‘‘CHAPTER 118—WAR CRIMES

‘‘Sec.

‘‘2401. War crimes.

10 ‘‘§ 2401. War crimes

11 ‘‘(a) OFFENSE.—Whoever, whether inside or outside

12 the United States, commits a grave breach of the Geneva

13 Conventions, in any of the circumstances described in sub14 section (b), shall be fined under this title or imprisoned

15 for life or any term of years, or both, and if death results

16 to the victim, shall also be subject to the penalty of death.

17 ‘‘(b) CIRCUMSTANCES.—The circumstances referred

18 to in subsection (a) are that the person committing such

19 breach or the victim of such breach is a member of the

20 armed forces of the United States or a national of the

21 United States (as defined in section 101 of the Immigra22 tion and Nationality Act).

23 ‘‘(c) DEFINITIONS.—As used in this section, the term

24 ‘grave breach of the Geneva Conventions’ means conduct
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1 defined as a grave breach in any of the international con2 ventions relating to the laws of warfare signed at Geneva

3 12 August 1949 or any protocol to any such convention,

4 to which the United States is a party.’’

5 (b) CLERICAL AMENDMENT.—The table of chapters

6 for part I of title 18, United States Code, is amended by

7 inserting after the item relating to chapter 117 the follow8 ing new item:

‘‘118. War crimes ................................................................................ 2401’’.

Union Calendar No. 367

104TH CONGRESS

2D SESSION H. R. 3680

[Report No. 104–698]

A BILL

To amend title 18, United States Code, to carry

criminal penalties for certain war crimes.States under the Geneva Conventions to provideout the international obligations of the United

JULY 24, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed