[Congressional Record Volume 153, Number 55 (Thursday, March 29, 2007)]
[Senate]
[Pages S4148-S4150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GENOCIDE ACCOUNTABILITY ACT OF 2007
Mr. DURBIN. Madam President, with the beginning of this new Congress,
Senator Patrick Leahy, chairman of the Judiciary Committee, honored my
request to create a new subcommittee, entitled Human Rights and the
Law. It is the first time in Senate history we have designated a
subcommittee with that jurisdiction. Of course, the Foreign Relations
Committee has responsibility for foreign policy, but what we are trying
to focus on in this subcommittee I chair are laws that relate to
fundamental human rights.
The subcommittee's first hearing, seven weeks ago, was on the law
relating to genocide and the situation in Darfur. We had spectacular
witnesses: Diane Orentlicher, an American University law school
professor; Sigal Mandelker, a representative from the administration;
Don Cheadle, the star in ``Hotel Rwanda,'' who has become a strong
advocate for ending the genocide in Darfur; Romeo Dallaire, a Senator
in Canada, who in 1994 was the head of the U.N. Peacekeeping Force in
Rwanda during the onset of the massacre. Their testimony was
electrifying. It pointed not only to the experience in Rwanda but to
what we face today in Darfur.
I still recall--and it bears repeating every time I come to the
floor--that at the time of the Rwanda genocide, there were very few
Senators paying attention.
One of my mentors and friends, Paul Simon, my predecessor, was the
chairman of the Africa Subcommittee of the Foreign Relations Committee.
He knew what was happening. He turned to his friend, Jim Jeffords, then
a Republican from Vermont, and said: We have to do something. They
called General Dallaire in Kigali, Rwanda, and asked: What can we do?
The general said: If you would send me 5,000 armed soldiers, I can stop
this massacre right now. So Senators Jeffords and Simon called the
Clinton White House and asked for help. Sadly, there was no response.
Later on, President Clinton, after he finished his term in office,
said it was the biggest mistake of his administration not to respond to
the Rwandan genocide. It was a reminder to me that we do have the power
as Senators and Congressmen, and many others, to make a difference, and
we should never accept as inevitable things such as the genocide that
occurred in this faraway country of Rwanda.
I was reminded of that during testimony just a few weeks ago. We
talked about Darfur and the fact that 4 years ago, President Bush
declared a genocide in Darfur. It is rare that the United States
acknowledges a genocide. I applauded President Bush and his leadership
for making this acknowledgment, but I have said to the President and on
this floor many times: It is not enough to just declare a genocide. If
innocent people are being killed, if they are being displaced from
their homes and you have the power to do something about it, how can
you stand by and do nothing? Sadly, that is what has happened for 4
straight years. We have done nothing--declaring a genocide and doing
nothing.
I am reminded of a personal experience I had many years ago as a
student at Georgetown University. I was in the School of Foreign
Service and had as a professor Dr. Jan Karski from Poland. He was an
inspiring man. He spoke with an accent. He came to his class with a
suit and tie on every day, ramrod, military bearing, and told the story
of his life in between lessons.
His story was that he was a member of the Polish underground fighting
the Nazis in World War II. He saw Polish people swept out of the Warsaw
ghetto, taken away. He finally realized that they were taken to
concentration camps to be killed.
Determined to do something about it, Jan Karski found his way to
Washington in the 1940s, even found his way to the office of President
Franklin Roosevelt, and told him about the Holocaust, told him what was
happening in the concentration camps.
Unfortunately, just as in Rwanda, the President at that time did
nothing. Jan Karski returned to Poland crestfallen that he had finally
alerted this great power, the United States of America, and nothing was
going to be done.
I sat there as a student at the time and thought: How can that be?
How can you hear that thousands of people are
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being killed and do nothing? It happened then. It happened in Rwanda.
It shouldn't happen again.
The purpose of the hearing on Darfur was to try to finally spark some
action by this Congress and by this administration to do something.
After 4 years of declaring a genocide, it is about time we rolled up
our sleeves and did something. And there are things we can do.
Certainly, we can look at our own personal responsibility. Divestment
means selling off or not buying investments in a country. In this case,
the country of Sudan, with the capital of Khartoum, has a vibrant oil
industry. Major companies in Sudan are owned by China, India, and
Malaysia. Petro China is the Chinese oil company that is the largest
oil company in the Sudan.
I have encouraged everyone, including the universities and colleges
in Illinois, to divest themselves of any known holdings in companies
doing business in Sudan. Maybe it is a small thing, maybe it is only
symbolic, but for goodness' sake, shouldn't we do something on an
individual and personal basis?
After I issued a press release, incidentally, calling for divestment,
an enterprising reporter took a look at the mutual funds my wife and I
own and said: One of your mutual funds owns stock in Petro China. I
quickly sold it. It didn't change my net worth much, I can tell you,
but it is a symbolic and personal thing. I am glad we did it. Others
need to do it as well. Pension funds, governments, major companies--if
they divest themselves of these Sudanese investments, maybe those
companies will get the message that there is something wrong with Sudan
and we shouldn't do business as usual with a country that won't allow
peacekeeping forces to come in to save and help victims in Darfur.
There are other actions we can take as well. This subcommittee on
human rights and law tried to focus on specific legislation we could
enact. As a result of our hearing, 2 weeks ago we introduced the
Genocide Accountability Act of 2007. S. 888, the Genocide
Accountability Act, would close a legal loophole that prevents the U.S.
Justice Department from prosecuting people in our country who have
committed genocide. While genocide rages in Darfur, we have to make
clear our commitment to hold accountable those who commit the ultimate
crime.
The Genocide Accountability Act is the first legislation produced by
the Senate Judiciary Committee's new Subcommittee on Human Rights and
the Law. S. 888 is a bipartisan bill introduced by myself, as chairman
of the subcommittee; Senator Tom Coburn, the ranking Republican member
on this same subcommittee; Senator Pat Leahy, chairman of the Judiciary
Committee; and Senator John Cornyn, a Republican from Texas.
The Genocide Accountability Act has been endorsed by numerous
organizations, and I thank them for their support and encouragement.
They include Africa Action, the American Jewish World Service, Amnesty
International USA, the Armenian Assembly of America, the Armenian
National Committee of America, the Genocide Intervention Network, Human
Rights First, Human Rights Watch, Physicians for Human Rights, Refugees
International, and the Save Darfur Coalition.
Why is it necessary to change the law? Because under current law,
genocide is only a crime in the eyes of America if it is committed
within the United States or by a U.S. national outside the United
States.
In contrast, the laws on torture, material support for terrorism,
terrorism financing, hostage taking, and many other Federal crimes
allow for extraterritorial jurisdiction for crimes committed outside
the United States by non-U.S. nationals.
This loophole in the law has real-life consequences. The Justice
Department has identified individuals who participated in the Rwandan
and Bosnian genocides and who live in the United States under false
pretenses. Under current law, these individuals cannot be arrested or
prosecuted because they are not U.S. nationals and the genocides in
which they were involved didn't take place in the United States.
Now let's go to the Sudan and Darfur. Salah Abdallah Gosh, the head
of security in the Sudanese Government, has reportedly played a key
role in that nation's genocidal campaign in Darfur. Just 2 years ago,
Mr. Gosh came to Washington to meet with senior administration
officials. Under current law, the FBI could not even interview him
about his involvement in the Darfur genocide, much less charge him with
a crime.
The Genocide Accountability Act changes that. It would close this
loophole. It amends 18 U.S.C. 1091, the Genocide Convention
Implementation Act, to allow prosecution of non-U.S. nationals who are
in the United States for genocide committed outside the United States.
The United States should have this authority and ability to prosecute
genocidaires who find safe haven or at least seek safe haven in this
country. The Genocide Accountability Act would end this impunity gap in
genocide law.
What we are saying to those around the world who are engaged in
uncivilized and barbaric conduct is do not even consider coming to the
United States as your retirement home. It is never going to be a safe
haven. There is no place for you to hide.
The Genocide Accountability Act gives our Government the power to
stop those who seek to do that.
Madam President, I ask unanimous consent that the Senate proceed to
the immediate consideration of Calendar No. 89, S. 888.
The PRESIDING OFFICER (Mr. Whitehouse). The clerk will report the
bill by title.
The assistant legislative clerk read as follows:
A bill (S. 888) to amend section 1091 of title 18, United
States Code, to allow the prosecution of genocide in
appropriate circumstances.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I am glad that today the Senate is
considering the Genocide Accountability Act, which closes a loophole in
current law which has until now allowed those who commit or incite
genocide to seek refuge in our country without fear of prosecution for
their actions. This bill is the first legislation resulting from the
work of the Judiciary Committee's new Subcommittee on Human Rights and
the Law. I thank Subcommittee Chairman Durbin for introducing the bill,
and I was pleased to join him, along with subcommittee Ranking Member
Coburn and Senators Feingold, Cornyn, and Kennedy in cosponsoring the
bill. I have long called for greater U.S. involvement in resolving the
crisis in Darfur and worked for greater accountability for those who
commit war crimes. This bill is an important next step in working to do
all we can to combat genocide throughout the world.
Too often, we in this country, the richest and most powerful Nation
on Earth, have done too little to stop human rights atrocities in Sudan
and elsewhere around the world. Many more lives could have been saved
if we and other nations had shown stronger leadership. During the last
5 years, America's reputation has suffered tremendously. Some of our
ability to lead on human rights issues has been needlessly and
carelessly squandered. Abu Ghraib and Guantanamo have tarnished that
role and that tradition. The secret prisons that the President
confirmed last year and this administration's role in sending people to
other countries where they would be tortured have led to condemnation
by our allies, to legal challenges, and to criminal charges.
I was proud to work with Senator Durbin to create the Human Rights
and the Law Subcommittee, which is helping us to better fulfill our
role in a challenging global environment. This subcommittee will
continue to closely examine some of the important and difficult legal
issues that have increasingly been a focus of the Judiciary Committee
and will work to reverse and correct the damaging policies established
by this administration over the last 6 years.
The Genocide Accountability Act is a perfect example of the
bipartisan, consensus legislation that this subcommittee was created to
produce. The bill allows for prosecution of those found in the United
States who have participated in horrific acts against humanity in
places such as Bosnia, Rwanda, and Darfur, and gives Federal
prosecutors the tools they need to bring these people to justice. This
bill
[[Page S4150]]
would amend 18 U.S.C. 1091, the Genocide Convention Implementation
Act--the Proxmire Act--to allow prosecution of non-U.S. nationals who
are in the United States for genocide committed outside the country. In
the past, Federal investigators have identified perpetrators of
genocide, including the Rwandan and Bosnian genocides, who have come to
the United States under false pretenses and have found safe haven here.
Unfortunately, the Justice Department has not been able to prosecute
these individuals because the Proxmire Act only criminalizes genocide
committed by U.S. nationals or in the United States.
The Genocide Accountability Act would close this loophole, allowing
Federal prosecutors to prosecute those who have committed or incited
genocide who are in our country. This change would make the genocide
statute conform with numerous existing Federal crimes that allow for
similar extraterritorial jurisdiction if the offender is found in The
United States, including torture, piracy, material support to
terrorists, terrorism financing, and hostage taking.
I commend Senators Durbin and Coburn for holding a hearing on this
important issue and for their diligent work to ensure that that this
loophole in our law is closed. I urge my colleagues to support this
legislation to ensure that the United States takes this significant
step in combating genocide worldwide.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read a third time, passed, the motion to reconsider be laid upon the
table, and that any statements relating to the bill be printed in the
Record, without intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 888) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 888
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genocide Accountability Act
of 2007''.
SEC. 2. GENOCIDE.
Section 1091 of title 18, United States Code, is amended by
striking subsection (d) and inserting the following:
``(d) Required Circumstance for Offenses.--The circumstance
referred to in subsections (a) and (c) is that--
``(1) the offense is committed in whole or in part within
the United States;
``(2) the alleged offender is a national of the United
States (as that term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101));
``(3) the alleged offender is an alien lawfully admitted
for permanent residence in the United States (as that term is
defined in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101));
``(4) the alleged offender is a stateless person whose
habitual residence is in the United States; or
``(5) after the conduct required for the offense occurs,
the alleged offender is brought into, or found in, the United
States, even if that conduct occurred outside the United
States.''.
Mr. DURBIN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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