[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1346 Reported in Senate (RS)]

                                                       Calendar No. 474
111th CONGRESS
  2d Session
                                S. 1346

      To penalize crimes against humanity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2009

Mr. Durbin (for himself, Mr. Leahy, Mr. Feingold, Mr. Cardin, and Mrs. 
  Feinstein) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             July 21, 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To penalize crimes against humanity, and for other purposes.

    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 ``Crimes Against Humanity Act 
of 2009''.</DELETED>

<DELETED>SEC. 2. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.</DELETED>

<DELETED>    (a) In General.--Part 1 of title 18, United States Code, 
is amended by inserting after chapter 25 the following:</DELETED>

       <DELETED>``CHAPTER 25A--CRIMES AGAINST HUMANITY</DELETED>

<DELETED>``Sec.
<DELETED>``519. Crimes against humanity.
<DELETED>``Sec. 519. Crimes against humanity</DELETED>
<DELETED>    ``(a) Offense.--It shall be unlawful for any person to 
commit or engage in, as part of a widespread and systematic attack 
directed against any civilian population, and with knowledge of the 
attack--</DELETED>
        <DELETED>    ``(1) conduct that, if it occurred in the United 
        States, would violate--</DELETED>
                <DELETED>    ``(A) section 1111 of this title (relating 
                to murder);</DELETED>
                <DELETED>    ``(B) section 1581(a) of this title 
                (relating to peonage);</DELETED>
                <DELETED>    ``(C) section 1583(a)(1) of this title 
                (relating to kidnapping or carrying away individuals 
                for involuntary servitude or slavery);</DELETED>
                <DELETED>    ``(D) section 1584(a) of this title 
                (relating to sale into involuntary 
                servitude);</DELETED>
                <DELETED>    ``(E) section 1589(a) of this title 
                (relating to forced labor); or</DELETED>
                <DELETED>    ``(F) section 1590(a) of this title 
                (relating to trafficking with respect to peonage, 
                slavery, involuntary servitude, or forced 
                labor);</DELETED>
        <DELETED>    ``(2) conduct that, if it occurred in the special 
        maritime and territorial jurisdiction of the United States, 
        would violate--</DELETED>
                <DELETED>    ``(A) section 1591(a) of this title 
                (relating to sex trafficking of children or by force, 
                fraud, or coercion);</DELETED>
                <DELETED>    ``(B) section 2241(a) of this title 
                (relating to aggravated sexual abuse by force or 
                threat); or</DELETED>
                <DELETED>    ``(C) section 2242 of this title (relating 
                to sexual abuse);</DELETED>
        <DELETED>    ``(3) conduct that, if it occurred in the special 
        maritime and territorial jurisdiction of the United States, and 
        without regard to whether the offender is the parent of the 
        victim, would violate section 1201(a) of this title (relating 
        to kidnapping);</DELETED>
        <DELETED>    ``(4) conduct that, if it occurred in the United 
        States, would violate section 1203(a) of this title (relating 
        to hostage taking), notwithstanding any exception under 
        subsection (b) of section 1203;</DELETED>
        <DELETED>    ``(5) conduct that would violate section 2340A of 
        this title (relating to torture);</DELETED>
        <DELETED>    ``(6) extermination;</DELETED>
        <DELETED>    ``(7) national, ethnic, racial, or religious 
        cleansing;</DELETED>
        <DELETED>    ``(8) arbitrary detention; or</DELETED>
        <DELETED>    ``(9) imposed measures intended to prevent 
        births.</DELETED>
<DELETED>    ``(b) Penalty.--Any person who violates subsection (a), or 
attempts or conspires to violate subsection (a)--</DELETED>
        <DELETED>    ``(1) shall be fined under this title, imprisoned 
        not more than 20 years, or both; and</DELETED>
        <DELETED>    ``(2) if the death of any person results from the 
        violation of subsection (a), shall be fined under this title 
        and imprisoned for any term of years or for life.</DELETED>
<DELETED>    ``(c) Jurisdiction.--There is jurisdiction over a 
violation of subsection (a), and any attempt or conspiracy to commit a 
violation of subsection (a), if--</DELETED>
        <DELETED>    ``(1) the alleged offender is a national of the 
        United States or an alien lawfully admitted for permanent 
        residence;</DELETED>
        <DELETED>    ``(2) the alleged offender is a stateless person 
        whose habitual residence is in the United States;</DELETED>
        <DELETED>    ``(3) the alleged offender is present in the 
        United States, regardless of the nationality of the alleged 
        offender; or</DELETED>
        <DELETED>    ``(4) the offense is committed in whole or in part 
        within the United States.</DELETED>
<DELETED>    ``(d) Nonapplicability of Certain Limitations.--
Notwithstanding section 3282 of this title, in the case of an offense 
under this section, an indictment may be found, or information 
instituted, at any time without limitation.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Arbitrary detention.--The term `arbitrary 
        detention' means imprisonment or other severe deprivation of 
        physical liberty except on such grounds and in accordance with 
        such procedure as are established by the law of the 
        jurisdiction where such imprisonment or other severe 
        deprivation of physical liberty took place.</DELETED>
        <DELETED>    ``(2) Armed group.--The term `armed group' means 
        any army, militia, or other military organization, whether or 
        not it is State-sponsored, excluding any group assembled solely 
        for nonviolent political association.</DELETED>
        <DELETED>    ``(3) Attack directed against any civilian 
        population.--The term `attack directed against any civilian 
        population' means a course of conduct in which a civilian 
        population is a primary rather than an incidental 
        target.</DELETED>
        <DELETED>    ``(4) Ethnic group; national group; racial group; 
        religious group.--The terms `ethnic group', `national group', 
        `racial group', and `religious group' have the meanings given 
        those terms in section 1093 of this title.</DELETED>
        <DELETED>    ``(5) Extermination.--The term `extermination' 
        means subjecting a civilian population to conditions of life 
        that are intended to cause the physical destruction of the 
        group in whole or in part.</DELETED>
        <DELETED>    ``(6) Lawfully admitted for permanent residence; 
        national of the united states.--The terms `lawfully admitted 
        for permanent residence' and `national of the United States' 
        have the meanings give those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).</DELETED>
        <DELETED>    ``(7) National, ethnic, racial, or religious 
        cleansing.--The term `national, ethnic, racial, or religious 
        cleansing' means the intentional and forced displacement from 1 
        country to another or within a country of any national group, 
        ethnic group, racial group, or religious group in whole or in 
        part, by expulsion or other coercive acts from the area in 
        which they are lawfully present, except when the displacement 
        is in accordance with applicable laws of armed conflict that 
        permit involuntary and temporary displacement of a population 
        to ensure its security or when imperative military reasons so 
        demand.</DELETED>
        <DELETED>    ``(8) Systematic.--The term `systematic' means 
        pursuant to or in furtherance of the policy of a State or armed 
        group.</DELETED>
        <DELETED>    ``(9) Widespread.--The term `widespread' means 
        involving multiple victims.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of chapters for part 1 
of title 18, United States Code, is amended by inserting after the item 
relating to chapter 25 the following:</DELETED>

<DELETED>``25A. Crimes against humanity.....................     519''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crimes Against Humanity Act of 
2010''.

SEC. 2. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.

    (a) In General.--Part 1 of title 18, United States Code, is amended 
by inserting after chapter 25 the following:

                 ``CHAPTER 25A--CRIMES AGAINST HUMANITY

``Sec.
``519. Crimes against humanity.
``Sec. 519. Crimes against humanity
    ``(a) Offense.--It shall be unlawful for any person to commit or 
engage in, as part of a widespread and systematic attack directed 
against any civilian population, and with knowledge of the attack--
            ``(1) conduct that, if it occurred in the United States, 
        would violate--
                    ``(A) section 1581(a) of this title (relating to 
                peonage);
                    ``(B) section 1583(a)(1) of this title (relating to 
                kidnapping or carrying away individuals for involuntary 
                servitude or slavery);
                    ``(C) section 1584(a) of this title (relating to 
                sale into involuntary servitude);
                    ``(D) section 1589(a) of this title (relating to 
                forced labor); or
                    ``(E) section 1590(a) of this title (relating to 
                trafficking with respect to peonage, slavery, 
                involuntary servitude, or forced labor);
            ``(2) conduct that, if it occurred in the special maritime 
        and territorial jurisdiction of the United States, would 
        violate--
                    ``(A) section 1111 of this title (relating to 
                murder);
                    ``(B) section 1591(a) of this title (relating to 
                sex trafficking of children or by force, fraud, or 
                coercion);
                    ``(C) section 2241(a) of this title (relating to 
                aggravated sexual abuse by force or threat); or
                    ``(D) section 2242 of this title (relating to 
                sexual abuse);
            ``(3) conduct that, if it occurred in the special maritime 
        and territorial jurisdiction of the United States, and without 
        regard to whether the offender is the parent of the victim, 
        would violate section 1201(a) of this title (relating to 
        kidnapping);
            ``(4) conduct that, if it occurred in the United States, 
        would violate section 1203(a) of this title (relating to 
        hostage taking), notwithstanding any exception under subsection 
        (b) of section 1203;
            ``(5) conduct that would violate section 2340A of this 
        title (relating to torture);
            ``(6) extermination;
            ``(7) national, ethnic, racial, or religious cleansing; or
            ``(8) imposed measures intended to prevent births.
    ``(b) Penalty.--Any person who violates subsection (a), or attempts 
or conspires to violate subsection (a)--
            ``(1) shall be fined under this title, imprisoned not more 
        than 20 years, or both; and
            ``(2) if the death of any person results from the violation 
        of subsection (a), shall be fined under this title and 
        imprisoned for any term of years or for life.
    ``(c) Jurisdiction.--There is jurisdiction over a violation of 
subsection (a), and any attempt or conspiracy to commit a violation of 
subsection (a), if--
            ``(1) the alleged offender is a national of the United 
        States or an alien residing in the United States, regardless of 
        whether the alien is lawfully admitted for permanent residence;
            ``(2) the alleged offender is a stateless person whose 
        habitual residence is in the United States; or
            ``(3) the offense is committed in whole or in part within 
        the United States.
    ``(d) Nonapplicability of Certain Limitations.--Notwithstanding 
section 3282 of this title, in the case of an offense under this 
section, an indictment may be found, or information instituted, at any 
time without limitation.
    ``(e) Limitation on Prosecution.--
            ``(1) In general.--A prosecution for an offense described 
        in this section may not be undertaken by the United States 
        unless--
                    ``(A) the Attorney General certifies in writing--
                            ``(i) after consultation with the Secretary 
                        of State and the Secretary of Homeland 
                        Security, that there is no foreign jurisdiction 
                        that is prepared to undertake a prosecution for 
                        the conduct that forms the basis for the 
                        offense; and
                            ``(ii) that a prosecution by the United 
                        States is in the public interest and necessary 
                        to secure substantial justice; and
                    ``(B) the Secretary of State, the Secretary of 
                Defense, and the Director of National Intelligence do 
                not object to the prosecution.
            ``(2) Nondelegation.--The certification under paragraph 
        (1)(A) may not be delegated.
            ``(3) No judicial review.--A certification by the Attorney 
        General under this subsection is not subject to judicial 
        review.
    ``(f) No Limitation on Conduct Pursuant to the Laws of War.--
Nothing in this section shall be construed to make unlawful conduct 
pursuant to the laws of war.
    ``(g) No Limitation on Defenses or Immunities.--Nothing in this 
section shall be construed to limit or extinguish any defense or 
immunity otherwise available to any person or entity.
    ``(h) International Criminal Court and American Servicemembers' 
Protection Act of 2002.--Nothing in this section shall be construed as 
support for ratification of, or participation by the United States in, 
the Rome Statute of the International Criminal Court, which entered 
into force on July 1, 2002, or to repeal or limit the applicability of 
the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7421 et 
seq.).
    ``(i) Definitions.--In this section:
            ``(1) Armed group.--The term `armed group' means any army, 
        militia, or other military organization, whether or not it is 
        state-sponsored, excluding any group assembled solely for 
        nonviolent political association.
            ``(2) Attack directed against any civilian population.--The 
        term `attack directed against any civilian population' means a 
        course of conduct in which the country or armed group carrying 
        out the attack intends a civilian population as such to be a 
        primary rather than an incidental target.
            ``(3) Ethnic group; national group; racial group; religious 
        group.--The terms `ethnic group', `national group', `racial 
        group'', and `religious group' have the meanings given those 
        terms in section 1093 of this title.
            ``(4) Extermination.--The term `extermination' means 
        subjecting a civilian population to conditions of life that are 
        intended to cause the physical destruction of the group in 
        whole or in part.
            ``(5) Lawfully admitted for permanent residence; national 
        of the united states.--The terms `lawfully admitted for 
        permanent residence' and `national of the United States' have 
        the meanings give those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            ``(6) National, ethnic, racial, or religious cleansing.--
        The term `national, ethnic, racial, or religious cleansing' 
        means the intentional and forced displacement from 1 country to 
        another or within a country of any national group, ethnic 
        group, racial group, or religious group in whole or in part, by 
        expulsion or other coercive acts intended to displace such 
        group from the area in which they are lawfully present, except 
        when the displacement is in accordance with applicable laws of 
        armed conflict that permit involuntary and temporary 
        displacement of a population to ensure its security or when 
        imperative military reasons so demand.
            ``(7) Systematic.--The term `systematic' means pursuant to 
        or in furtherance of the policy of a country or armed group. To 
        constitute a policy, the country or armed group must have 
        actively promoted the policy.
            ``(8) Widespread.--The term `widespread' means involving 
        not less than 50 victims.''.
    (b) Clerical Amendment.--The table of chapters for part 1 of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 25 the following:

``25A. Crimes against humanity..............................     519''.
    (c) Applicability.--The amendments made by this Act shall take 
effect on the date of enactment of this Act and apply to conduct 
committed on or after the date of enactment of this Act.
                                                       Calendar No. 474

111th CONGRESS

  2d Session

                                S. 1346

_______________________________________________________________________

                                 A BILL

      To penalize crimes against humanity, and for other purposes.

_______________________________________________________________________

                             July 21, 2010

                       Reported with an amendment