Justice for Victims of War Crimes Act

Justice for Victims of War Crimes Act

This act broadens the scope of individuals who are subject to federal prosecution for war crime offenses.

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.

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.

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.

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.

[117th Congress Public Law 351]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6265]]

Public Law 117-351
117th Congress

                                 An Act


 
 To amend section 2441 of title 18, United States Code, to broaden the 
scope of individuals subject to prosecution for war crimes. <<NOTE: Jan. 
                         5, 2023 -  [S. 4240]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Justice for 
Victims of War Crimes Act.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This Act may be cited as the ``Justice for Victims of War Crimes 
Act''.
SEC. 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

[[Page 136 STAT. 6266]]

        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.''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 4240:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 21, considered and passed Senate.
            Dec. 22, considered and passed House.

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