Justice for Victims of War Crimes Act

Bill: 117-s-4240
Sponsor: full_name: Sen. Grassley, Chuck [R-IA]
Introduced: 2022-05-18
Policy area: Crime and Law Enforcement
Subjects: Criminal investigation, prosecution, interrogation

Immigration status and procedures

International Affairs

Judicial review and appeals

Jurisdiction and venue

War crimes, genocide, crimes against humanity
Latest action: action_date: 2023-01-05
text: Became Public Law No: 117-351.

Summaries:
action_date: 2022-05-18
action_desc: Introduced in Senate
text: <p><b>Justice for Victims of War Crimes Act</b></p> <p>This bill broadens the scope of individuals who are subject to federal prosecution for war crime offenses. </p> <p>Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national. </p> <p>First, this bill extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender. </p> <p>Second, the bill expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence. </p>

action_date: 2022-12-21
action_desc: Passed Senate
text: <p><b>Justice for Victims of War Crimes Act</b></p> <p>This bill broadens the scope of individuals who are subject to federal prosecution for war crime offenses. </p> <p>Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national. </p> <p>First, this bill extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender. </p> <p>Second, the bill expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence. </p> <p>The bill allows an indictment for certain war crime offenses to be instituted any time, making the statute of limitations inapplicable. To undertake a prosecution for war crime offenses, the bill requires written certification that prosecution is in the public interest and is necessary to secure substantial justice. </p>

action_date: 2022-12-22
action_desc: Passed House
text: <p><b>Justice for Victims of War Crimes Act</b></p> <p>This bill broadens the scope of individuals who are subject to federal prosecution for war crime offenses. </p> <p>Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national. </p> <p>First, this bill extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender. </p> <p>Second, the bill expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence. </p> <p>The bill allows an indictment for certain war crime offenses to be instituted any time, making the statute of limitations inapplicable. To undertake a prosecution for war crime offenses, the bill requires written certification that prosecution is in the public interest and is necessary to secure substantial justice. </p>

action_date: 2023-01-05
action_desc: Public Law
text: <p><b>Justice for Victims of War Crimes Act</b></p> <p>This act broadens the scope of individuals who are subject to federal prosecution for war crime offenses. </p> <p>Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national. </p> <p>First, this act extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender. </p> <p>Second, the act expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence. </p> <p>The act allows an indictment for certain war crime offenses to be instituted any time, making the statute of limitations inapplicable. To undertake a prosecution for war crime offenses, the act requires written certification that prosecution is in the public interest and is necessary to secure substantial justice. The certification is not subject to judicial review. </p>

tv_txt: II 117th CONGRESS 2d Session S. 4240 IN THE SENATE OF THE UNITED STATES May 18 (legislative day, May 17), 2022 Mr. Grassley (for himself, Mr. Durbin , Mr. Graham , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 2441 of title 18, United States Code, to broaden the scope of individuals subject to prosecution for war crimes.

1. Short title This Act may be cited as the Justice for Victims of War Crimes Act . 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), an indictment may be found or an information may be instituted at any time without limitation. (f) Certification requirement No prosecution for an offense described in subsection (a) shall be undertaken by the United States except on written certification of the Attorney General or a designee that a prosecution by the United States is in the public interest and necessary to secure substantial justice. .

tv_txt: One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 4240 IN THE SENATE OF THE UNITED STATES AN ACT To amend section 2441 of title 18, United States Code, to broaden the scope of individuals subject to prosecution for war crimes.

1. Short title This Act may be cited as the Justice for Victims of War Crimes Act . 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 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

tv_txt: 117th CONGRESS 2d Session S. 4240 IN THE SENATE OF THE UNITED STATES AN ACT To amend section 2441 of title 18, United States Code, to broaden the scope of individuals subject to prosecution for war crimes.

1. Short title This Act may be cited as the Justice for Victims of War Crimes Act . 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 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. .

Passed the Senate December 21, 2022. Secretary