[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1348 Reported in House (RH)]






                                                 Union Calendar No. 125
105th CONGRESS
  1st Session
                                H. R. 1348

                          [Report No. 105-204]

     To amend title 18, United States Code, relating to war crimes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 1997

  Mr. Jones introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             July 25, 1997

    Additional sponsors: Mr. Ortiz, Mr. Weldon of Pennsylvania, Mr. 
  Solomon, Mr. Watts of Oklahoma, Mr. McHale, Mr. Forbes, Mr. Hall of 
Texas, Mr. Chabot, Mrs. Fowler, Mr. Cooksey, Mr. Everett, Mr. Lewis of 
   Kentucky, Mr. Tiahrt, Mr. Dickey, Mr. Coburn, Mr. Hostettler, Mr. 
   Hilleary, Mr. Pitts, Mr. Snowbarger, Mr. Doolittle, Mr. Burton of 
     Indiana, Mr. Graham, Mr. Norwood, Mrs. Cubin, Mr. Saxton, Mr. 
 Radanovich, Mr. Thornberry, Mr. Hunter, Mr. Coble, Mr. Gilchrest, Mr. 
Whitfield, Mr. Condit, Mr. Parker, Mr. Moran of Virginia, Mr. Lewis of 
California, Mr. Cunningham, Mr. Hansen, Mr. Hastings of Washington, Mr. 
    Herger, Mr. Traficant, Mr. Wolf, Mr. Abercrombie, Mr. Miller of 
 California, Ms. Pelosi, Mr. Taylor of Mississippi, Mr. Stenholm, Ms. 
 Sanchez, Mr. Calvert, Mr. Diaz-Balart, Mr. Underwood, Mr. Baker, Mr. 
        Rohrabacher, Mr. Sisisky, Mr. Pickering, and Mr. Gibbons

                             July 25, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, relating to war crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Expanded War Crimes Act of 
1997''.</DELETED>

<DELETED>SEC. 2. DEFINITION OF WAR CRIMES.</DELETED>

<DELETED>    Section 2441 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``grave breach 
        of the Geneva Conventions'' and inserting ``war 
        crime'';</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``breach'' each 
        place it appears and inserting ``war crime'';</DELETED>
        <DELETED>    (3) so that subsection (c) reads as 
        follows:</DELETED>
<DELETED>    ``(c) Definition.--As used in this section--</DELETED>
        <DELETED>    ``(1) the term `war crime' means any conduct--
        </DELETED>
                <DELETED>    ``(A) defined as a grave breach in any of 
                the international conventions signed at Geneva 12 
                August 1949, or any protocol to such convention to 
                which the United States is a party;</DELETED>
                <DELETED>    ``(B) prohibited by Articles 23, 25, 17, 
                or 28 of the Annex to the Hague Convention IV, 
                Respecting the Laws and Customs of War on Land, signed 
                18 October 1907;</DELETED>
                <DELETED>    ``(C) which constitutes a violation of 
                common Article 3 of the international conventions 
                signed at Geneva 12 August 1949, or any protocol to 
                such convention to which the United States is a party 
                and which deals with non-international armed conflict; 
                or</DELETED>
                <DELETED>    ``(D) of a person who, in relation to an 
                armed conflict and contrary to the provisions of the 
                Protocol on Prohibitions or Restrictions on the Use of 
                Mines, Booby-Traps and Other Devices as amended at 
                Geneva on 3 May 1996 (Protocol II as amended on 3 May 
                1996), when the United States is a party to such 
                Protocol, willfully kills or causes serious injury to 
                civilians.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanded War Crimes Act of 1997''.

SEC. 2. DEFINITION OF WAR CRIMES.

    Section 2441 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``grave breach of the 
        Geneva Conventions'' and inserting ``war crime'';
            (2) in subsection (b), by striking ``breach'' each place it 
        appears and inserting ``war crime''; and
            (3) so that subsection (c) reads as follows:
    ``(c) Definition.--As used in this section the term `war crime' 
means any conduct--
            ``(1) defined as a grave breach in any of the international 
        conventions signed at Geneva 12 August 1949, or any protocol to 
        such convention to which the United States is a party;
            ``(2) prohibited by Articles 23, 25, 27, or 28 of the Annex 
        to the Hague Convention IV, Respecting the Laws and Customs of 
        War on Land, signed 18 October 1907;
            ``(3) which constitutes a violation of common Article 3 of 
        the international conventions signed at Geneva 12 August 1949, 
        or any protocol to such convention to which the United States 
        is a party and which deals with non-international armed 
        conflict; or
            ``(4) of a person who, in relation to an armed conflict and 
        contrary to the provisions of the Protocol on Prohibitions or 
        Restrictions on the Use of Mines, Booby-Traps and Other Devices 
        as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 
        May 1996), when the United States is a party to such Protocol, 
        willfully kills or causes serious injury to civilians.''.




                                                 Union Calendar No. 125

105th CONGRESS

  1st Session

                               H. R. 1348

                          [Report No. 105-204]

_______________________________________________________________________

                                 A BILL

     To amend title 18, United States Code, relating to war crimes.

_______________________________________________________________________

                             July 25, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed