[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14203-H14207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GENOCIDE ACCOUNTABILITY ACT OF 2007
Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 888) to amend section 1091 of title 18, United States
Code, to allow the prosecution of genocide in appropriate
circumstances.
The Clerk read the title of the Senate bill.
The text of the Senate bill is 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Forbes)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker and members of the committee, the United Nations approved
the Convention on the Prevention and Punishment of the Crime of
Genocide in 1948. It was in response to Nazi Germany's policy of
systematic murder. The Convention, to which the United States is a
signatory, established genocide as an international crime which
signatory nations undertake to prevent and punish. It's the duty that
we address in the Genocide Accountability Act before us at this moment.
We must remember that genocide affects all humanity, not just the
direct victims, and not just the perpetrators, but all those who stand
by and by their inaction allow those horrible acts to take place. These
are the lessons of the Holocaust, of Cambodia, of Bosnia and, more
recently, of Rwanda. In Rwanda, we shrugged our shoulders and waited
until 800,000 people were killed before we were willing to call that
atrocity by its rightful name, genocide.
Sadly, even after Rwanda, the world has mostly stood by while yet
another genocide has unfolded before our eyes. The genocide in Darfur
has thus far claimed 200,000 lives, and maybe going up to as many as
400,000 lives. Two and a half million people have been displaced as a
result of the conflict in Darfur. Both President Bush and Congress have
correctly described the situation in Darfur as genocide.
As history repeats itself in Darfur, it seems that we have to learn
to say the right things about these atrocities, but too often we cannot
seem to muster the consensus and strength of will in the United States
and the international community to make our deeds match our words.
Along with an increased United Nations peacekeeping force, and a long-
term political agreement among its many factions, we need to explore
every avenue available to stop this massacre from continuing and
prevent similar ones in the future.
The Genocide Accountability Act is an effort to ensure that our
United States laws provide adequate authority to prosecute acts of
genocide. We should not have a situation where perpetrators of genocide
are allowed to enter the United States and use this country as a safe
haven from prosecution. What an untenable thought.
But under current law, genocide is only a crime if it's committed
within the United States or by a United States national outside of the
United States. In contrast, the laws of 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-United States nationals.
So there's a gap in the law. This has led to real-life consequences.
I understand that the Justice Department has identified individuals who
have participated in the Rwandan and the Bosnian genocides and who have
entered the United States under false pretenses. Under current law,
these individuals can be deported but they can't be arrested or
prosecuted for committing genocide.
And so we bring to you on the floor today a measure to allow us to do
more than send them off to another country, not knowing whether they
will ever be prosecuted. This measure will allow us to bring them to
justice. Amending our laws to allow for vigorous prosecution of
genocide is a first, a small, but very, very important step toward
ending the impunity under which those who commit genocide currently
operate.
I am so proud of my colleagues on the Judiciary Committee who have
worked with us on this: Lamar Smith; the floor manager for the
Republicans, Mr. Forbes; and many others. We must remember that it
cannot be the last step, this measure. If we are going to fulfill our
role as the beacon in the world for basic human rights and freedom from
persecution, we must continue to develop the humble legislative
beginning that we have begun today.
I reserve the balance of my time.
Mr. FORBES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 888, the Genocide Accountability
Act of 2007. I want to commend Chairman Conyers and Representatives
Berman and Pence, the sponsors of the House version of this
legislation, H.R. 2489, for their dedication and commitment to this
issue.
Perpetrators of genocide have committed some of the most heinous
crimes ever carried out. Genocide is a crime not only against specific
victims targeted for extermination, but it is also a crime against
humanity. History is replete with horrible images of human suffering,
where victims targeted were based on their human characteristics. In
the modern era, we have technological advances used for carrying out
heinous acts of genocide.
The idea that individuals, hundreds, thousands, and sometimes
hundreds of
[[Page H14204]]
thousands, are singled out and systematically targeted for
extermination offends every person's belief in humanity or the rule of
law. In recent decades, we have seen ethnic cleansing during the civil
war in the former Yugoslavia, systematic mass killings in other areas,
and of course there is the ongoing suffering in Darfur.
S. 888, the Genocide Accountability Act of 2007, expands Federal
criminal jurisdiction for prosecution of those responsible for
genocide. With this improvement, I hope that Federal prosecutors will
be able to prosecute aggressively those heinous criminals. I urge my
colleagues to support this bill.
I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, it's my pleasure now to yield 4 minutes to
the ranking member of the Committee on Judiciary on the Democratic
side, Mr. Howard Berman.
Mr. BERMAN. Mr. Speaker, the House Judiciary Committee has reported
an identical House companion to S. 888. That bill is H.R. 2489, and the
Judiciary Committee's report for the House bill, Report No. 110-468,
should be considered as part of the legislative history on S. 888, as
reflecting the intent of the House.
Mr. Speaker, the first legal application of the term genocide came
during the Nuremberg trials in 1945. Before then, there wasn't a word
in our language to adequately express the brutality and evil that this
crime embodies. The purpose of the Genocide Accountability Act is to
ensure that no perpetrator of genocide is able to use the United States
as a safe haven for prosecution. After the Holocaust, the Genocide
Convention was the embodiment of the world's pledge, the promise of
``never again.'' And yet this promise has proven to be one of the
world's most unfulfilled.
Not very long ago, genocide was the scourge of Bosnia, and before
that, Rwanda. Two years ago, this body passed a resolution
acknowledging that the devastation and murderous violence occurring in
the Darfur region of Sudan was a genocide. Unfortunately, the genocide
in Darfur remains an ongoing crime today. The struggle to prevent and
punish genocide has been, and unfortunately will be, winding and long.
The bill we are considering today acknowledges that in some cases the
perpetrators of this evil have ended up not just on the doorstep of the
United States, but living inside our house. Current law allows us to
deport them, but procedural limitations in our laws can keep us from
delivering justice for their crimes.
Because current U.S. law lacks an extraterritorial jurisdiction
clause for genocide, procedurally the Department of Justice is limited
in its ability to charge an individual who is not a U.S. national for
involvement in a genocide committed outside the United States, even if
the victims include American citizens.
In 1948, the United States was the first nation to sign the Genocide
Convention. Twenty years ago, with the Proxmire Act, we added to our
criminal code provisions to fulfill the dual obligations of that
Convention, to prevent and to punish genocide. S. 888 will strengthen
the reach of U.S. laws to prosecute any individuals found in our
country who have taken part in acts of genocide, in Darfur or anywhere
else.
{time} 1530
As the atrocities in Darfur continue, it is imperative that we enact
measures in this bill to stand against genocide wherever it occurs and
hold fully accountable the perpetrators of genocide who are able to
escape justice.
Mr. Speaker, the term ``genocide'' was first proposed by Ralph
Lemkin, a man of Polish-Jewish descent. In 1941 he came to the United
States, and on the day of his arrival he gave a speech explaining to an
American audience the international responsibility to respond to
genocide. I'll paraphrase what he said: If you learned that a mass of
women, children and old people was being murdered 100 miles from here,
wouldn't you feel compelled to run to their aid? Why then, if the
distance were 3,000 miles instead of 100, would you restrain this
decision of your heart?
By passing this bill today, we are taking Lemkin's words to heart. We
will work to punish and prevent the crime of genocide not just in our
own country, but wherever it occurs around the world.
I strongly urge my colleagues to support this legislation.
Mr. FORBES. Mr. Speaker, I yield 3 minutes to the gentleman from
Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, I rise in support of S. 888, the Genocide
Accountability Act of 2007. I cosponsored the House version of this
legislation because I totally agree, U.S. law should not provide safe
haven to those who are committing genocide.
As a result of this bill, prosecutors will be able to target
individuals living lawfully in the U.S. who have committed genocide or
aided those who have committed these crimes against humanity. I have
tremendous respect for all those who have worked to raise awareness of
this important issue. Student groups and faith-based organizations,
especially from the African American, Jewish and Armenian communities,
have done a terrific job of educating their fellow citizens and
lawmakers about the crisis and the need to respond.
The world collectively agreed to ``never again'' allow genocide after
the Holocaust and again after the mass murders in Cambodia and Rwanda,
and again in Bosnia. Tragically, genocide is again taking place, and
the United States must take all reasonable steps to end the killing and
ensure the perpetrators of these crimes are brought to justice.
The United States has made a tremendous commitment to the people of
Darfur in the form of humanitarian aid and is working hard on
diplomatic efforts to end the genocide. But more must be done. We need
to stop the killings.
Current U.S. law only makes genocide a crime if it is committed by a
U.S. citizen or within the United States. According to the Justice
Department, there are individuals who participated in the Rwandan and
Bosnian genocides who are living in the United States today that it
will be able to prosecute with this legislation.
We will also ensure those who are committing genocide in Sudan today
will not be able to look to the United States as their safe haven in
the future.
Mr. CONYERS. Mr. Speaker, the chairman of the Crime Subcommittee has
played an enormously important role in the measure before us, and I am
pleased to recognize Chairman Bobby Scott for 3 minutes.
Mr. SCOTT of Virginia. Mr. Speaker, I thank the chairman for
yielding.
Mr. Speaker, the slaughtering of individuals simply because they are
a member of a certain ethnic or racial group has occurred throughout
history, and, regrettably, continues today. As we witnessed, as many as
800,000 of the Tutsi minority, men, women and children, were murdered
in Rwanda. Mass violence has occurred against civilians in Bosnia,
where up to 8,000 Muslim men and boys were systematically executed.
The obligations of the United States under the Genocide Convention
are in the criminal code in title 18 beginning at section 1091.
Genocide is defined as having the specific intent to destroy, in whole
or in part, a national, ethnic, racial or religious group. The code
offers severe punishment for anyone who commits genocide within the
United States. The law also makes it a Federal crime for a U.S.
national to commit genocide anywhere in the world. Fortunately, there
has not been a need to use the law against anyone now covered by it.
However, by only covering genocide if it is committed in this country
or committed by a U.S. national, we leave a gap which allows non-U.S.
persons who commit genocide elsewhere to come to this country with
impunity under our laws.
To this end, the Senator from Illinois, Senator Durbin, and the
gentleman from California (Mr. Berman) introduced identical legislation
designed to amend title 18 of the United States Code to expand
jurisdiction of genocide over the following categories of people who
have committed genocide outside of the United States: (1) an alien
lawfully admitted for permanent residence; (2) a stateless person whose
habitual residence is in the United States; or (3) an individual
physically present in the United States.
Similar to the legislation before us, many other Federal laws,
including
[[Page H14205]]
those laws that criminalize torture, allow for the extraterritorial
jurisdiction over crimes committed outside the United States by those
present in the United States.
Genocide continues to be a threat in the world and we should attack
it wherever we find it. In Darfur, we see the tragic replay of
suffering and death. Hundreds of thousands of innocent people who have
been killed, raped, tortured, or forced to flee, and over 2 million
people have been driven from their homes. For them, the commitment of
``never again'' after the Holocaust rings hollow. The United States
should have the ability to prosecute those who find safe haven in the
United States for their acts of genocide. The Genocide Accountability
Act would end this impunity gap in the genocide law. Therefore, I urge
my colleagues to adopt this important legislation.
Mr. FORBES. Mr. Speaker, I yield such time as he may consume to the
gentleman from Indiana (Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, here in Washington, D.C., down the street from this very
building is the United States Holocaust Memorial Museum, a museum that
serves as a living memorial to the Holocaust and which challenges its
visitors and the world in the words written in its charter to:
``Confront hatred, prevent genocide, promote human dignity, and
strengthen democracy.'' All of us serving in Congress take the
challenge of those words to heart.
We have the unique ability in this institution to promulgate laws and
policies that protect life, preserve liberty and confront genocide.
Today, with the passage of the Genocide Accountability Act, in
bipartisan numbers, this Congress will discharge that duty to history.
Mr. Speaker, I rise today in support of S. 888, the Genocide
Accountability Act. In May of this year, it was my privilege to join my
friend, the gentleman from California (Mr. Berman) to introduce H.R.
2489, which is the companion of the Senate version of the bill that is
being considered today. I would like to commend the gentleman from
California whose partnership on this and other legislation demonstrates
his deep commitment to human rights and to human dignity and to
America's place in advancing those principles in the world.
This is an important piece of bipartisan legislation simply because
it provides America with a real and powerful tool to combat genocide
around the world. The need for the Genocide Accountability Act is
straightforward. Currently under U.S. law, genocide is only a crime if
it is committed within the borders of the United States or by a U.S.
national outside the country. Therefore, the Department of Justice is
prevented from prosecuting people who may be in America who have
committed genocide, as unthinkable as that might be.
Imagine a scenario where an individual who contributed to genocidal
acts in Bosnia, Rwanda, or Sudan, or elsewhere, is determined to be
here in America, somehow living under false pretenses or even traveling
throughout our country. Under this scenario, the Department of Justice
would be prevented under current law from prosecuting that person for
genocide in this country. The Genocide Accountability Act closes this
loophole. When implemented, it will allow prosecution of non-U.S.
nationals who are in the United States for genocide committed outside
the United States.
Under the scenario I just described, the Department of Justice would
be able to prosecute people who are found to be in America and have
perpetrated the worst kind of crime against humanity. Giving our law
enforcement this type of tool is absolutely necessary in order to make
it clear to the world that America will not tolerate genocide or the
perpetrators of genocide, and that we will do all we can to hold those
accountable who perform these heinous acts.
As Elie Wiesel stated, ``Once you bring life into the world, you must
protect it. We must protect it by changing the world.''
Mr. Speaker, the Genocide Accountability Act changes the world today
in a very small but a profound way, in my judgment. It strengthens the
hand of the most powerful free Nation on Earth in fighting and
prosecuting those who would commit the crimes of genocide. It is
important and necessary, and I encourage my colleagues in the House to
support this legislation today so it can be sent to the President for
signature.
I want to commend the chairman of the committee, the ranking member
and again the gentleman from California (Mr. Berman) for his
extraordinary leadership on this important and historic measure.
Mr. Speaker, I would like to engage in a colloquy on an issue
affecting this legislation with the gentleman from California, Mr.
Berman.
Our legislation, H.R. 2489, and S. 888 are identical bills, as you
know. But during the Crime Subcommittee hearing on H.R. 2489, a witness
from the Department of Justice theorized that the changes proposed by
this bill might constitute a violation of the ex post facto clauses of
article I of the Constitution in some cases. Let me ask you, if this
legislation becomes law, Mr. Berman, would we be able to use it to
prosecute a non-U.S. national taking part in the genocide in Darfur
today?
I yield to the gentleman from California.
Mr. BERMAN. I thank the gentleman for his question and yielding to me
and appreciate his comments and partnership on this bill.
In response, I would say that the genocide in Darfur is an ongoing
crime. The House recognized it as such over 2 years ago, and there is
no question that this crime continues today. We believe that ex post
facto clearly would not apply in this situation.
Mr. PENCE. I thank the gentleman for clarifying that.
Lastly, going back to that specific hypothesis from the witness from
the Department of Justice, if this new law were used to prosecute a
perpetrator of a past genocide, the assertion was it may constitute an
ex post facto violation of the Constitution. Do you agree with that
hypothesis?
Mr. BERMAN. The gentleman raises an important issue, and I do not
agree with that hypothesis. I think the witness from the Department of
Justice was offering a spontaneous and personal opinion, which he was
careful to label as such, and not an official interpretation by the
Department.
When we crafted this bill, we were careful to write it as narrowly
and precisely as possible. We were and remain interested only in
changing the circumstances under which certain parties may be charged
under the genocide statute. Our intent is to make a procedural
alteration to the current law and leave everything else in the statute
untouched.
In determining whether or not a law presents a violation of the ex
post facto clauses of the Constitution, courts have generally
considered whether the new law: one, places the defendant at a
substantial disadvantage compared to the law as it stood when he
committed the crime of which he has been convicted; secondly, changes
the definition of the crime; or three, increases the maximum penalty
for it. The Genocide Accountability Act doesn't alter in any way either
the elements or the punishment for the crime of genocide.
The underlying notion here is that the defendant should be on notice
that his actions constituted a crime. I think it would be very
difficult for anyone to argue that the world is not on notice that we
consider and have considered for many years genocide a crime. The
United States has recognized genocide as a crime for nearly 60 years as
a signatory of the Genocide Convention.
Neither do we make any change that would deprive one charged with the
crime of any defense that is now available under the law. It is
important to add that the Supreme Court has found a key exception to
the ex post facto rule where changes to a law are procedural in nature.
{time} 1545
In numerous decisions, the court has held that where a law involves
changes in the procedures by which a criminal case is adjudicated as
opposed to changes in the substantive laws of crimes, and I quote that
phrase directly, that does not deprive a defendant of substantial legal
protections, then it is constitutional.
[[Page H14206]]
It is our conclusion that this bill falls within that exception and
makes only procedural changes to the law. So it was our intent that
this law be used to prosecute perpetrators of genocide who are on
notice that their acts constitute a crime wherever it was committed.
Mr. PENCE. I thank the gentleman for his response. I thank him again
for his leadership on this issue, to the ranking member Mr. Forbes for
his leadership and courtesy today, and to the chairman and ranking
member of the full committee. It is important legislation, and I urge
all of my colleagues to join us in a strong bipartisan vote against
genocide, in favor of the Genocide Accountability Act. It is time we
gave the force of American law here at home behind our commitment to
end genocide in the world.
Mr. CONYERS. Mr. Speaker, I am pleased now to recognize a
distinguished member of Judiciary, Steve Cohen of Tennessee, for such
time as he may consume.
Mr. COHEN. Thank you, Mr. Chairman, and Mr. Berman for bringing this
legislation.
It is obvious we need such a bill, for America should never be a
haven for people who commit crimes against mankind. And that is what
genocide is, a crime against mankind. It is ironic that God's rightest
creature, human beings, are the only species that God created that
commits genocide. Animals attack each other out of need for food or for
other reasons, but not to destroy and kill an entire other group of
animals. Only man, with his ability to think, can create the most
unhuman-like crime against mankind, which is the attempt to kill others
because of ethnic differences. That is an irony and a shame. And the
fact is that we should never be a country that does anything but try to
make this world a better place. People should not find America a harbor
when they escape from the area, whether it be Darfur or Rwanda or any
other place where genocide has been committed.
As a Jewish person, I have known about genocide because we know about
the Holocaust and Jewish people have had relatives and possible would-
be relatives if our ancestors had not emigrated to this country who
would have been victims of this Holocaust or who were. So many of us
have been to the Holocaust Museum or Yad Vashem in Jerusalem, or other
places or concentration camps and learned.
I would submit that this bill, as the previous bill about nooses,
should make a strong statement from this Congress, Mr. Speaker, but to
the American people and the educators of this country that what we need
in this country is more education about tolerance, more education about
the horrors that we have had in the past in history. Because if you
don't learn from history, you will repeat it again. And here we are,
almost 2008, talking about genocide and nooses and oppressive tactics
used by groups to intimidate religious and ethnic minorities and people
of different backgrounds.
I commend the authors for bringing the bill, and it is a bipartisan
bill and that is what we need, but there are so many other aspects that
we need to look into.
Elie Wiesel, who was cited just recently by a Member on the other
side, said that people who hate, hate everyone. People who hate Jews
hate blacks, hate Hispanics, hate gays.
We have had hate crimes come up in this Congress that have passed and
hopefully we will have a hate crime that passes, because hate in any
form, whether it is racial, religious, or sexual orientation is just
that, it is hate, and it is un-American and it is something
unfortunately unique to humankind that should be stamped out and
abolished in this country, and this Congress should not allow it,
countenance it, or in any way condone it.
And so I thank the chairman and Mr. Berman for their leadership and
the other people who have worked on this bill, Mr. Forbes and others,
and we should work together in a bipartisan fashion to make this
country what it is supposed to be, and that is an area where we can
work together and hopefully one day have the Age of Aquarius and a
place where we don't have these problems that we have had in the past.
Mr. FORBES. Mr. Speaker, at this time, I yield 2 minutes to the
distinguished gentleman from Michigan, Congressman Ehlers.
Mr. EHLERS. I thank the gentleman for yielding. I feel very strongly
about this issue, and I want to echo the words of the previous speaker,
the gentleman from Tennessee who, of course, because of his background,
has a deep historical interest and feeling about genocide.
I have been appalled at the lack of advancement of the nations in
dealing with genocide, particularly the current genocide in Darfur.
There is no reason in the world that our Nation, coupled with the other
nations, could not have stopped this earlier. And because of the
niceties of diplomatic relations worldwide, we have not done so. I
believe that is a mistake, and I feel very strongly about this.
Genocide should not occur. As the gentleman before me commented, that
we are the only creatures who deliberately kill large numbers of our
own kind. And it is not new. It started with Cain and Abel, the killing
of a brother.
We must pursue genocide worldwide. We must insist that it not take
place. And we must punish those who commit genocide. There is no reason
on God's good Earth that we should permit genocide. And we, along with
the other nations, have the power to stop it and we should do so.
So I rise with great gratitude to the sponsors of this bill and those
presenting this bill on the floor. This is one small step forward in
what we really have to do, and that is to totally and completely outlaw
genocide worldwide and act expeditiously to stop it wherever it occurs.
Mr. FORBES. Mr. Speaker, I yield myself such time as I may consume.
As the gentleman from Indiana said, this is a small step but a very
profound step. You have heard the voices all in almost unanimous
agreement supporting this bill. I hope that would be the pleasure of
the House.
I would like to yield the balance of my time to the chairman of the
committee, the gentleman from Michigan (Mr. Conyers).
Mr. CONYERS. I thank the gentleman, Mr. Speaker.
I want to close by observing that the Judiciary Committee has handled
four measures on the floor this afternoon, and I have enjoyed the full,
unstinting cooperation of the gentleman from Virginia (Mr. Forbes). I
want to thank him very much for it. And I appreciate the kinds of
issues that we have handled here on this day in the House of
Representatives. They are issues of local and global import that I
think reflect in a very complimentary sense upon the things that can be
accomplished in the Congress when we put our best efforts and bring our
most cooperative spirits to the table. And so I thank all of the
speakers on both sides of the aisle.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of S. 888, the Genocide Accountability Act of 2007, introduced by
Senator Durbin. I would like to thank my colleague Representative
Berman for introducing this resolution in the House, where I am proud
to join over 10 of my colleagues as a cosponsor of this important
legislation. May I also take this opportunity to thank Chairman Conyers
for his leadership in guiding this legislation through the Judiciary
Committee.
Mr. Speaker, it is a tragedy that the 20th century, which excelled in
technological innovation and great accomplishments in arts and letters,
could also be remembered for events symbolizing man's inhumanity to
man. Genocide in Rwanda, the former Yugoslavia, Cambodia, Germany, and
the Ottoman Empire, to cite a few examples, showed us the monstrous
potential of totalitarian regimes determined to annihilate entire
ethnic, racial and religious groups.
Sadly, though the 20th century has been called ``the Age of
Genocide'' by at least one prominent scholar, the crime has already
been seen in the new 21st century, with the deplorable situation in
Darfur. Over the recent August recess, I led a congressional delegation
to Darfur, where, together with two of my colleagues, I had the tragic
opportunity to see the plight of the people of Darfur, victims of the
systematic annihilation attempt supported by the Government of Sudan.
Not since the Rwandan genocide of 1994 has the world seen such a
systematic campaign of displacement, starvation, rape, mass murder, and
terror as we are witnessing in Darfur for the last 3 years. At least
400,000 people have been killed in Darfur; more than 2 million innocent
civilians have been forced to flee their homes and now live in
displaced-persons camps in Sudan or in refugee camps in neighboring
Chad; and more than 3.5 million
[[Page H14207]]
men, women, and children are completely reliant on international aid
for survival. Unless the world stirs from its slumber and takes
concerted and decisive action to relieve this suffering, the ongoing
genocide in Darfur will stand as one of the blackest marks on humankind
for centuries to come.
In 1948, the United Nations General Assembly adopted the ``Convention
on the Prevention and Punishment of the Crime of Genocide.'' As its
title suggests, the treaty imposes two core obligations on
participating states: first, state parties undertake to prevent
genocide; and second, they commit to punish genocide as well as several
related acts, such as attempting to commit genocide. The Genocide
Convention establishes our core obligations in combating the genocide
phenomenon--preventing and punishing Genocide. The document gives the
U.N. a broad license to deal with genocide. In addition, individual
states are expected to do all they can to prevent genocide. It also
gives responsibility to state parties to prosecute the perpetrators of
genocide.
In 1987, Congress enacted legislation to bring U.S. law into
conformity with the Genocide Convention. The ``Proxmire Act'' (The
Genocide Convention Implementation Act of 1987) is the key U.S. law
implementing the Genocide Convention. When read together with other
provisions of the federal criminal code concerning conspiracy and
complicity, the Proxmire Act addresses the explicit obligation set
forth in Article VI of the Genocide Convention concerning prosecution
of genocide and related criminal acts in courts of the State where
genocide occurs. In addition, the Proxmire Act makes it a federal crime
for a U.S. national to commit genocide anywhere.
The proliferation of civil wars accompanied by ethnic cleansing and
outright genocide which characterized the end of the 20th century, from
Bosnia and Herzegovina to the civil wars in Somalia and Liberia,
produced a number of perpetrators of genocidal acts who later ended up
on American shores. This revealed a shortcoming in our current laws,
under which the United States cannot indict someone for genocide
committed outside the United States, even when the victim is an
American citizen, unless the perpetrator is a U.S. national.
In contrast, 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. In light of this legal gap in
our obligations to prosecute perpetrators of genocide, I commend my
colleagues Mr. Berman and Mr. Pence for introducing the Genocide
Accountability Act., H.R. 2489 in May of 2007.
Mr. Speaker, this legislation would close a legal loophole that
prevents the U.S. Justice Department from prosecuting people in our
country who have committed genocide. The bill specifically amends Title
18 to establish federal criminal jurisdiction over the crime of
genocide wherever the crime is committed. This jurisdiction should be
exercised when the alleged offender is present in the United States and
he or she will not be vigorously and fairly prosecuted by another court
with appropriate jurisdiction.
Many countries have adopted or enforced legislation establishing
jurisdiction over certain international crimes, including genocide,
wherever committed if the alleged perpetrator is in their territory and
any additional requirements are satisfied. This legislation will be a
further step toward bring the United States into line with its
international obligations, and toward ensuring that no perpetrator of
genocide living on U.S. soil can go unpunished.
I strongly urge my colleagues to join me in supporting this important
legislation.
Mr. CONYERS. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the Senate bill, S. 888.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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