tions and the Additional Protocols I and II of 1977 
to those Conventions. Under the 1993 law, Belgian 
courts claim to have jurisdiction over violations of 
humanitarian law under the Geneva Conventions 
and Additional Protocols, regardless of the ‘‘char-
acter’’ of the conflict, the location of the alleged 
acts, or the nationality of the victim or alleged per-
petrator. 
(2) In 1999, Belgium’s ‘‘Anti-Atrocity Law’’ 
was amended to include genocide and crimes against 
humanity to international crimes over which Belgian 
courts can exercise universal jurisdiction. The 1999 
amendments adopted the definition of crimes against 
humanity used in the Rome Statute of the Inter-
national Criminal Court, which includes acts such as 
murder when committed as part of a widespread or 
systematic attack against civilians. 
(3) On June 18, 2001, 23 Lebanese-Palestinian 
nationals brought a petition to Belgium’s Attorney 
General filing a criminal complaint under Belgium’s 
‘‘Anti-Atrocity Law’’ against Israeli Prime Minister 
Ariel Sharon, former Director-General of the Israeli 
Ministry of Defense Amos Yaron, and ‘‘all other per-
sons whether Lebanese or Israeli whose responsi-
bility will be established during the course of the in-
vestigation,’’ alleging their complicity with the 
Phalangist massacres of Palestinians in the Sabra 
and Shatila refugee camps in Lebanon in 1982. 
(4) The suit against Prime Minister Sharon—
(A) is politically motivated—
(i) since the events concerned took 
place in 1982, the Belgian ‘‘Anti-Atrocity 
Law’’ was passed in 1993 and amended in 
1999, and the proceedings were only com-
menced in 2001 after Ariel Sharon became 
Prime Minister of Israel; and 
(ii) since the issue of the Sabra and 
Shatila massacres was already examined by 
the Kahan Commission, established by the 
Government of Israel on September 28, 
1982, under section 4 of Israel’s Commis-
sions of Inquiry Law of 1968; 
(B) is an assault on the internationally ac-
cepted concept of state sovereignty since neither 
the plaintiffs nor the defendants have any con-
nection to Belgium whatsoever, and there is no 
claim that any crime has been committed on 
Belgian soil or against Belgian nationals; and 
(C) is an assault on the internationally rec-
ognized legal principle regarding the inadmis-
sibility of prosecution under ex post facto legis-
lation. 
(5) On September 5, 2001, the Belgian Inves-
tigating Magistrate decided that he had no jurisdic-
tion to investigate the suit. 
(6) On June 26, 2002, the Belgian Court of 
Appeals ruled the complaint against Prime Minister 
Sharon, et al., was ‘‘not admissible because of the 
principle of Belgian law that crimes committed in 
other countries cannot be prosecuted in Belgium un-
less the author or presumed author has been found 
in Belgium’’. 
(7) In January 2003, the Belgian Chief Pros-
ecutor for the Appellate Court (Chamber of Indict-
ments), in the legal opinion he gave to the Supreme 
Court justices, unambiguously pointed out that the 
general principle governing universal jurisdiction—
‘‘extradite or prosecute’’—implies that the defendant 
must be present in the territory of a prosecuting 
state and cited the Geneva Conventions, which also 
require the presence of the defendant. The Belgian 
Chief Prosecutor for the Appellate Court argued fur-
ther that conducting such proceedings in absentia 
would be prejudicial to the rights of the defense, and 
even warned against rendering the Belgian legal sys-
tem a ‘‘virtual’’ forum for frivolous prosecutions if 
complainants were not required to prove a link to 
Belgium. The Belgian Chief Prosecutor for the Ap-
pellate Court further recommended to the Supreme 
Court that it should reject the suit. 
(8) On February 12, 2003, the Belgian Su-
preme Court (Cour de Cassation) reversed the Bel-
gian Court of Appeals and decided that Belgium in-
deed has jurisdiction to hear the case against Prime 
Minister Sharon et al., even in the absence of any 
link to Belgium. With regard to Prime Minister 
Sharon, the Belgian Supreme Court decided that 
further proceedings against him should be post-
poned, since he presently enjoys immunity due to his 
position as Prime Minister, but that proceedings 
may continue against him when he is no longer in 
office. With regard to former Director-General of the 
Israeli Ministry of Defense Amos Yaron and any 
other defendants, the Belgian Supreme Court held 
that proceedings against them can continue as nor-
mal.
(9) On March 18, 2003, seven Iraqi families, 
together with a nongovernmental organization that 
opposes current United States policy toward Iraq, 
filed suit in the Belgian courts under Belgium’s
‘‘Anti-Atrocity Law’’ against President George H.W. 
Bush, Vice-President Richard B. Cheney, Secretary 
of State Colin L. Powell, and General H. Norman 
Schwarzkopf (U.S. Army-Ret.), alleging their re-
sponsibility for war crimes during the 1991 Persian 
Gulf War. 
(10) On April 2, 2003, the Chamber of Rep-
resentatives of Belgium, by a vote of 63–48, amend-
ed and circumscribed Belgium’s ‘‘Anti-Atrocity 
Law’’ to require a nexus between Belgium and the 
alleged warcrime or atrocity. 
(11) On April 4, 2003, the Senate of Belgium 
failed to adopt the amendments adopted by the Bel-
gian Chamber of Representatives on April 2, 2003. 
(12) On April 5, 2003, the Senate of Belgium 
approved the amendments adopted by the Belgian 
Chamber of Representatives on April 2, 2003. As 
amended, the Belgian ‘‘Anti-Atrocity Law’’ allows 
the Belgian Minister of Justice, in cases in which 
the alleged victim is not Belgian and the accused’s 
home state upholds the right of a fair trial, to inter-
vene and refer the complaint to that state. Further, 
the amended law provides that before a victim can 
file a case directly in the future, there must be some 
link with Belgium, whether because the suspect is on
Belgian soil, because the alleged crimes took place in 
Belgium, or because the victim is Belgian or has 
lived in Belgium for at least three years. 
(13) A growing number of countries have 
adopted universal jurisdiction acts which authorize 
the national judicial or prosecutorial authorities of a 
country to investigate, prosecute, and punish geno-
cide, war crimes, acts of torture, violations of human 
rights, or crimes against humanity not involving any 
of the nationals or property of that country, or that 
did not occur on the territory of that country or ter-
ritory under its control. 
(14) Implicit within the very concept of uni-
versal jurisdiction is a threat to the sovereignty of 
the United States. There now exists the possibility 
that foreign courts claiming universal jurisdiction 
could entertain suits brought by third-country na-
tionals against members of the Armed Forces of the 
United States and the President and other senior 
elected and appointed officials of the United States 
Government. No less than members of the Armed 
Forces of the United States, senior officials of the 
United States Government deserve the full protec-
tion of the United States Constitution with respect
to official actions taken by them to protect the na-
tional interests of the United States. 
SEC. 3. POLICY OF THE UNITED STATES CONCERNING 
CLAIMS OF UNIVERSAL JURISDICTION. 
It is the policy of the United States to reject any 
claim of universal jurisdiction made by foreign govern-
ments and to refuse to render any assistance or support 
to any foreign government pursuing an investigation or 
prosecution under a universal jurisdiction act. 
SEC. 4. PROHIBITION ON COOPERATION WITH ANY INVES-
TIGATION OR PROSECUTION UNDER A UNI-
VERSAL JURISDICTION ACT. 
(a) CONSTRUCTION.—The provisions of this sec-
tion—
(1) apply only to cooperation with investigations 
and prosecutions under a universal jurisdiction act 
and shall not be construed to apply to cooperation 
with an ad hoc international criminal tribunal estab-
lished by the United Nations Security Council before 
or after the enactment of this Act to investigate and 
prosecute war crimes committed in a specific country 
or during a specific conflict; and 
(2) shall not be construed to prohibit—
(A) any action permitted under section 6;
(B) any other action taken by members of 
the Armed Forces of the United States outside 
the territory of the United States while engaged 
in military operations involving the threat or 
use of force when necessary to protect such per-
sonnel from harm or to ensure the success of 
such operations; or 
(C) communication by the United States to 
a foreign government of its policy with respect 
to a particular matter concerning a universal 
jurisdiction act. 
(b) PROHIBITION ON SPECIFIC FORMS OF COOPERA-
TION
AND ASSISTANCE.—No agency or entity of the 
United States Government or of any State or local govern-
ment, including any court, may cooperate with, provide 
support (including financial support) for, or provide any 
other kind of assistance to any investigation or prosecu-
tion by a foreign government under a universal jurisdic-
tion act, including by—
(1) taking any action relating to—
(A) the arrest, extradition, or transit of 
suspects, or the provisional arrest of suspects; 
or
(B) the seizure of property, forfeiture of 
assets, execution of searches and seizures, serv-
ice of warrants, or other judicial process; 
(2) the taking, preservation, or transfer of any 
evidence or testimony; or 
(3) the analysis, sharing, or transfer of relevant 
information or intelligence. 
(d) RESTRICTION
ON ASSISTANCE PURSUANT
TO 
MUTUAL LEGAL ASSISTANCE TREATIES.—The United 
States shall exercise its rights—
(1) under any treaty or executive agreement 
providing for mutual legal assistance in criminal 
matters, 
(2) under any multilateral convention with legal 
assistance provisions, 
(3) under any extradition treaty to which the 
United States is a party, or 
(4) in connection with the execution or issuance 
of any letter rogatory, 
to prevent the use of any assistance provided by the 
United States under such treaty, agreements, conventions, 
or letter rogatory in any investigation or prosecution 
under a universal jurisdiction act. 
(d) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF 
AGENTS.—No agent of a foreign principal pursuing any
investigation or prosecution under a universal jurisdiction 
act may conduct, in the United States or any territory 
subject to the jurisdiction of the United States, any activ-
ity with respect to such investigation or prosecution that 
relates to a preliminary inquiry, investigation, prosecution, 
or other proceeding. 
SEC. 5. PROHIBITION ON DIRECT OR INDIRECT TRANSFER 
OF CERTAIN CLASSIFIED NATIONAL SECU-
RITY INFORMATION. 
(a) DIRECT TRANSFER.—The President shall ensure 
that appropriate procedures are implemented to prevent 
the transfer to foreign judicial or prosecutorial authorities 
of classified national security information that is relevant 
to any investigation or prosecution under a universal juris-
diction act. 
(b) INDIRECT TRANSFER.—The President shall en-
sure that appropriate procedures are implemented to pre-
vent the transfer, to the government of any country that 
is cooperating with an investigation or prosecution under 
a universal jurisdiction act, of classified national security 
information that is relevant to matters under such inves-
tigation or prosecution by foreign judicial or prosecutorial 
authorities, unless that government has provided written 
assurances to the President that such information will not
be made available for any use in such investigation or 
prosecution. 
(c) CONSTRUCTION.—The provisions of this section 
shall not be construed to prohibit any action permitted 
under section 6. 
SEC. 6. AUTHORITY TO FREE MEMBERS OF THE ARMED 
FORCES OF THE UNITED STATES AND CER-
TAIN OTHER PERSONS HELD CAPTIVE FOR 
INVESTIGATION OR PROSECUTION UNDER A 
UNIVERSAL JURISDICTION ACT. 
(a) AUTHORITY.—The President may use all means 
necessary and appropriate to bring about the release from 
captivity of any person described in subsection (b) who 
is being detained or imprisoned against that person’s will 
by reason of any investigation or prosecution under a uni-
versal jurisdiction act with respect to actions undertaken 
by that person in an official capacity as a covered United 
States person or covered allied person, as the case may 
be. 
(b) PERSONS AUTHORIZED TO BE FREED.—The au-
thority of subsection (a) applies with respect to the fol-
lowing persons: 
(1) Any covered United States person. 
(2) Any covered allied person, if the government 
of the country by reason of which the individual is
a covered allied person requests that the authority 
under subsection (a) be exercised. 
(3) Any individual detained or imprisoned for 
official actions taken while the individual was—
(A) a covered United States person; or 
(B) a covered allied person, if the govern-
ment of the country by reason of which the in-
dividual is a covered allied person requests that 
the authority under subsection (a) be exercised.
(c) AUTHORIZATION OF LEGAL ASSISTANCE.—When 
any person described in subsection (b) is arrested, de-
tained, prosecuted, or imprisoned by reason of any inves-
tigation or prosecution under a universal jurisdiction act, 
the authority under subsection (a) may be used—
(1) for the provision of legal representation and 
other legal assistance to that person (including, in 
the case of a person entitled to assistance under sec-
tion 1037 of title 10, United States Code, represen-
tation and other assistance in the manner provided 
in that section); and 
(2) for the provision of exculpatory evidence on 
behalf of that person. 
(d) BRIBES AND OTHER INDUCEMENTS NOT AU-
THORIZED.—Subsection (a) does not authorize the provi-
sion of financial incentives to secure the release from cap-
tivity of a person described in subsection (b). 
SEC. 7. ALLIANCE COMMAND ARRANGEMENTS. 
(a) REPORT
ON ALLIANCE COMMAND ARRANGE-
MENTS.—Not later than 6 months after the date of the 
enactment of this Act, the President shall transmit to the 
appropriate congressional committees a report with re-
spect to each military alliance to which the United States 
is party—
(1) describing the degree to which members of 
the Armed Forces of the United States may, in the 
context of military operations undertaken by or pur-
suant to that alliance, be placed under the command 
or operational control of foreign military officers 
subject to a universal jurisdiction act because they 
are nationals of a country that has adopted a uni-
versal jurisdiction act; and 
(2) describing the degree to which members of 
the Armed Forces of the United States engaged in 
military operations undertaken by or pursuant to 
that alliance may be exposed to greater risks of in-
vestigation or prosecution under a universal jurisdic-
tion act as a result of being placed under the com-
mand or operational control of foreign military offi-
cers subject to the jurisdiction of a universal juris-
diction act. 
(b) DESCRIPTION OF MEASURES TO ACHIEVE EN-
HANCED PROTECTION FOR MEMBERS OF THE ARMED 
FORCES OF THE UNITED STATES.—Not later than 1 year 
after the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional committees 
a description of modifications to command and operational 
control arrangements within military alliances to which 
the United States is a party that could be made in order 
to reduce any risks to members of the Armed Forces of 
the United States identified under subsection (a)(2). 
(c) SUBMISSION IN CLASSIFIED FORM.—The report 
under subsection (a), and the description of measures 
under subsection (b), or appropriate parts thereof, may 
be submitted in classified form. 
SEC. 8. WAIVER AND TERMINATION OF PROHIBITIONS OF 
THIS ACT. 
(a) AUTHORITY TO INITIALLY WAIVE SECTIONS 4 
AND 5.—The President may waive the prohibitions and 
requirements of sections 4 and 5 with respect to any coun-
try if the President, at least 15 days before exercising such 
waiver authority—
(1) notifies the appropriate congressional com-
mittees of the intention to exercise such authority; 
and 
(2) determines and reports to the appropriate 
congressional committees that the government of 
that country and the United States have entered 
into a binding agreement that—
(A) prohibits application of the universal 
jurisdiction act over— 
(i) covered United States persons, 
(ii) covered allied persons, and 
(iii) individuals for acts done while 
they were covered United States persons or 
covered allied persons, 
with respect to actions undertaken by them in 
an official capacity, and 
(B) ensures that no person described in 
subparagraph (A) will be investigated, arrested, 
detained, prosecuted, or imprisoned by reason 
of any suit, investigation, or prosecution under 
the applicable universal jurisdiction act. 
(b) REPORTS.—
(1) REPORTING REQUIREMENT.—The President 
shall, with respect to the government of each coun-
try with which the United States has entered into a
binding agreement under subsection (a)(2), deter-
mine and report to the appropriate congressional 
committees whether that government—
(A) remains party to, and has continued to 
abide by, that agreement; and 
(B) has taken no steps to investigate, ar-
rest, detain, prosecute, or imprison any person 
described in subsection (a)(2)(A) pursuant to 
the applicable universal jurisdiction act. 
(2) TIMING OF REPORTS.—Reports under para-
graph (1) shall be submitted—
(A) not later than 6 months after the date 
of the enactment of this Act; and 
(B) not later than the end of each 1-year 
period thereafter. 
(c) TERMINATION OF WAIVER PURSUANT TO SUB-
SECTION (a).—Any waiver exercised under subsection (a) 
with respect to a country shall terminate if and when a 
report submitted under subsection (b) contains a deter-
mination by the President that the government of that 
country—
(1) is no longer a party to, or has not continued 
to abide by, the agreement with that government 
under subsection (a)(2); or
(2) has taken steps to investigate, arrest, de-
tain, prosecute, or imprison any person described in 
subsection (a)(2)(A) pursuant to the applicable uni-
versal jurisdiction act. 
SEC. 9. NONDELEGATION. 
The authorities vested in the President by section 8 
may not be delegated by the President pursuant to section 
301 of title 3, United States Code, or any other provision 
of law. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) UNIVERSAL JURISDICTION ACT.—The term 
‘‘universal jurisdiction act’’ means a statute of a for-
eign country that authorizes its judicial or prosecu-
torial authorities to investigate, prosecute, and pun-
ish genocide, war crimes, acts of torture, violations 
of human rights, or crimes against humanity that—
(A) at the time of their actual or alleged 
occurrence, were not committed by or against 
the citizens or residents of that country or their 
property; 
(B) did not occur on the territory of that 
country or territory under its control; or 
(C) are otherwise prosecutable by an ad 
hoc international criminal tribunal established
by the United Nations Security Council for the 
purpose of prosecuting such acts. 
(2) AGENT
OF
A
FOREIGN
PRINCIPAL.—The 
term ‘‘agent of a foreign principal’’ has the meaning 
given that term in section 1 of the Foreign Agents 
Registration Act of 1938, as amended (22 U.S.C. 
611). 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(4) CLASSIFIED NATIONAL SECURITY INFORMA-
TION.—The term ‘‘classified national security infor-
mation’’ means information that is classified or clas-
sifiable under Executive Order 12958 or a successor 
Executive order. 
(5) COVERED
ALLIED
PERSON.—The term 
‘‘covered allied person’’ means any military per-
sonnel, elected or appointed official, or other person 
employed by or working on behalf of the government 
of a NATO member country, a major non-NATO 
ally, or Taiwan, for so long as that government has 
not adopted a universal jurisdiction act.
(6) COVERED UNITED STATES PERSON.—The 
term ‘‘covered United States person’’ means any 
member of the Armed Forces of the United States, 
any elected or appointed official of the United States 
Government, and any other person employed by or 
working on behalf of the United States Government. 
(7) MAJOR NON-NATO ALLY.—The term ‘‘major 
non-NATO ally’’ means a country that has been so 
designated in accordance with section 517 of the 
Foreign Assistance Act of 1961.
Æ