committing any other offense under this sec-
tion, one or more persons taking no active part 
in the hostilities, including those placed hors de 
combat by sickness, wounds, detention, or any 
other cause, by disfiguring the person or per-
sons by any mutilation thereof or by perma-
nently disabling any member, limb, or organ of 
his body, without any legitimate medical or den-
tal purpose. 
‘‘(F) INTENTIONALLY
CAUSING
GREAT 
SUFFERING OR SERIOUS INJURY.—The act of a 
person who intentionally causes, or conspires or 
attempts to cause, serious bodily injury (as 
such term is defined in section 113(b)(2) of this 
title) to one or more persons taking no active 
part in the hostilities, including those placed 
hors de combat by sickness, wounds, detention, 
or any other cause. 
‘‘(G) RAPE.—The act of a person who 
forcibly or with coercion or threat of force 
wrongfully invades, or conspires or attempts to 
invade, the body of a person by penetrating, 
however slightly, the anal or genital opening of 
the victim with any part of the body of the ac-
cused or with any foreign object. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(H) SEXUAL ASSAULT OR ABUSE.—The 
act of a person who forcibly or with coercion or 
threat of force engages, or conspires or at-
tempts to engage, in sexual contact (as such 
term is defined in section 2246(3) of this title) 
with one or more persons, or causes, or con-
spires or attempts to cause, one or more per-
sons to engage in sexual contact (as so defined). 
‘‘(I) TAKING
HOSTAGES.—The act of a 
person who— 
‘‘(i) having knowingly seized or de-
tained one or more persons, threatens to 
kill, injure, or continue to detain such per-
son or persons with the intent of compel-
ling any nation, person other than the hos-
tage, or group of persons to act or refrain 
from acting as an explicit or implicit condi-
tion for the safety or release of such per-
son or persons; or 
‘‘(ii) attempts to engage or conspires 
to engage in conduct under clause (i). 
‘‘(2) INAPPLICABILITY
OF
SPECIFIED
PROVI-
SIONS WITH RESPECT TO CERTAIN CONDUCT.—The 
intent specified for the conduct stated in subpara-
graphs (D), (E), and (F) of paragraph (1) precludes 
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the applicability of those subparagraphs with regard 
to— 
‘‘(A) collateral damage; or 
‘‘(B) death, damage, or injury incident to 
a lawful attack.’’. 
(b) RETROACTIVE
APPLICABILITY.—The amend-
ments made by this section shall take effect as of Novem-
ber 26, 1997, as if enacted immediately after the amend-
ments made by section 583 of Public Law 105–118 (as 
amended by section 4002 of Public Law 107–273). 
SEC. 5. JUDICIAL REVIEW. 
Section 2241 of title 28, United States Code, is 
amended by striking both the subsection (e) added by sec-
tion 1005(e)(1) of Public Law 109–148 (119 Stat. 2742) 
and the subsection (e) added by section 1405(e)(1) of 
Public Law 109–163 (119 Stat. 3477) and inserting the 
following new subsection (e): 
‘‘(e)(1) Except as provided for in this subsection, and 
notwithstanding any other law, no court, justice, or judge 
shall have jurisdiction to hear or consider any claim or 
cause of action, including an application for a writ of ha-
beas corpus, pending on or filed after the date of the en-
actment of the Military Commissions Act of 2006, against 
the United States or its agents, brought by or on behalf 
of any alien detained by the United States as an unlawful 
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