II Calendar No. 474 111th CONGRESS 2d Session S. 1346 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.
1.
Short title
This Act may be cited as the Crimes Against Humanity Act of 2009.
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: 25A
Crimes against humanity
Sec. 519. Crimes against humanity.
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 1111 of this title (relating to murder); (B)section 1581(a) of this title (relating to peonage); (C)section 1583(a)(1) of this title (relating to kidnapping or carrying away individuals for involuntary servitude or slavery); (D)section 1584(a) of this title (relating to sale into involuntary servitude); (E)section 1589(a) of this title (relating to forced labor); or (F)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 1591(a) of this title (relating to sex trafficking of children or by force, fraud, or coercion); (B)section 2241(a) of this title (relating to aggravated sexual abuse by force or threat); or (C)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; (8)arbitrary detention; or (9)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 lawfully admitted for permanent residence; (2)the alleged offender is a stateless person whose habitual residence is in the United States; (3)the alleged offender is present in the United States, regardless of the nationality of the alleged offender; or (4)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)
Definitions
In this section: (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. (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. (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. (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. (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. (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)). (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. (8)
Systematic
The term systematic means pursuant to or in furtherance of the policy of a State or armed group. (9)
Widespread
The term widespread means involving multiple 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 humanity519 .
1.
Short title
This Act may be cited as the Crimes Against Humanity Act of 2010.
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: 25A
Crimes against humanity
Sec. 519. Crimes against humanity.
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 humanity519 . (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.
July 21, 2010 Reported with an amendment