Crimes Against Humanity Act of 2010

Bill: 111-s-1346
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2009-06-24 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Criminal investigation, prosecution, interrogation
Human rights
Jurisdiction and venue
War crimes, genocide, crimes against humanity

Summary:
action_date: 2009-06-24
text: 
Crimes Against Humanity Act of 2009 - Amends the federal criminal code to impose criminal penalties on persons who commit or engage in certain crimes, including murder, trafficking in persons, sexual crimes, kidnapping, hostage taking, torture, national, ethnic, racial, or religious cleansing, arbitrary detention, or imposed measures intended to prevent births, as part of a widespread and systematic attack directed against any civilian population and with knowledge of the attack. Provides for expanded jurisdiction for prosecution of persons committing such crimes.

action_date: 2010-07-21
text: 
Crimes Against Humanity Act of 2010 - Amends the federal criminal code to impose a fine and/or prison term of up to 20 years (or any term of years or for life if death results from a violation of the prohibitions of this Act) on any person who commits or engages in conduct that would violate specified federal criminal laws (including murder, kidnapping, peonage, involuntary servitude, forced labor or trafficking in persons, sex trafficking of children, sexual abuse, hostage taking, torture, extermination, national, ethnic, racial, or religious cleansing, or measures intended to prevent births) as part of a widespread (not less than 50 victims) and systematic attack against any civilian population, with knowledge of the attack.
 
Provides for jurisdiction to prosecute a violation of this Act if: (1) the alleged offender is a U.S. national, an alien residing in the United States, or a stateless person whose habitual residence is in the United States; or (2) the offense is committed in whole or in part within the United States. Exempts prosecutions under this Act from any statute of limitations.
 
Prohibits a prosecution for a violation of this Act in the United States unless the Attorney General certifies in writing that: (1) there is no foreign jurisdiction prepared to prosecute a violation of this Act and a prosecution by the United States is in the public interest and necessary to secure substantial justice; and (2) the Secretaries of State and Defense and the Director of National Intelligence do not object to a prosecution. 
 
Provides that nothing in this Act shall be construed to: (1) make unlawful conduct pursuant to the laws of war; (2) limit or extinguish any otherwise available defense or immunity; (3) support ratification of, or participation by the United States in, the Rome Statute of the International Criminal Court; or (4) repeal or limit the applicability of the American Servcemembers' Protection Act of 2002.


Legislative actions:
action_date: 2010-07-21
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 474.
action_date: 2010-07-21
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-07-21
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-05-06
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-06-24
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7011-7012)
action_date: 2009-06-24
text: Sponsor introductory remarks on measure. (CR S7010-7011, S7012)
action_date: 2009-06-24
text: Introduced in Senate