[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10012-H10013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1115
JUSTICE FOR VICTIMS OF WAR CRIMES ACT
Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the
bill (S. 4240) to amend section 2441 of title 18, United States Code,
to broaden the scope of individuals subject to prosecution for war
crimes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 4240
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 ``Justice for Victims of War
Crimes Act''.
SEC. 2. WAR CRIMES.
Section 2441 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Jurisdiction.--There is jurisdiction over an offense
described in subsection (a) if--
``(1) the offense occurs in whole or in part within the
United States; or
``(2) regardless of where the offense occurs--
``(A) the victim or offender is--
``(i) a national of the United States or an alien lawfully
admitted for permanent residence; or
``(ii) a member of the Armed Forces of the United States,
regardless of nationality; or
``(B) the offender is present in the United States,
regardless of the nationality of the victim or offender.'';
and
(2) by adding at the end the following:
``(e) Nonapplicability of Certain Limitations.--In the case
of an offense described in subsection (a) and further
described in subsections (c)(1) and (c)(3), an indictment may
be found or an information may be instituted at any time
without limitation.
``(f) Certification Requirement.--
``(1) In general.--No prosecution for an offense described
in subsection (a) shall be undertaken by the United States
except on written certification of the Attorney General, the
Deputy Attorney General, or an Assistant Attorney General,
which function of approving prosecutions may not be
delegated, that a prosecution by the United States is in the
public interest and necessary to secure substantial justice.
``(2) Offender present in united states.--For an offense
for which jurisdiction exists under subsection (b)(2)(B) (and
does not exist under any other provision of subsection (b)),
the written certification required under paragraph (1) of
this subsection that a prosecution by the United States is in
the public interest and necessary to secure substantial
justice shall be made by the Attorney General or the Deputy
Attorney General, which function may not be delegated. In
issuing such certification, the same official shall weigh and
consider, among other relevant factors--
``(A) whether the alleged offender can be removed from the
United States for purposes of prosecution in another
jurisdiction; and
``(B) potential adverse consequences for nationals,
servicemembers, or employees of the United States.
``(g) Input From Other Agency Heads.--The Secretary of
Defense and Secretary of State may submit to the Attorney
General for consideration their views generally regarding
potential benefits, or potential adverse consequences for
nationals, servicemembers, or employees of the United States,
of prosecutions of offenses for which jurisdiction exists
under subsection (b)(2)(B).
``(h) No Judicial Review.--Certifications under subsection
(f) and input from other agency heads under subsection (g)
are not subject to judicial review.
``(i) Rules of Construction.--Nothing in this section shall
be construed as--
``(1) support for ratification of or accession to the Rome
Statute of the International Criminal Court, which entered
into force on July 1, 2002; or
``(2) consent by the United States to any assertion or
exercise of jurisdiction by any international, hybrid, or
foreign court.''.
The SPEAKER pro tempore (Ms. Garcia of Texas). Pursuant to the rule,
the gentleman from New York (Mr. Nadler) and the gentleman from Ohio
(Mr. Jordan) each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 4240.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, in the shadow of the Second World War, we joined with
other nations to sign the four Geneva Conventions, fulfilling the
promise of the Nuremberg trials to ensure that war criminals and
perpetrators of crimes against humanity could and would be held
accountable for their actions.
Today, with passage of the Justice for Victims of War Crimes Act, we
will close a dangerous loophole that has allowed this promise to ring
hollow for some.
Unfortunately, under current law, the United States can only
prosecute people who have engaged in violations of international
humanitarian law in cases where the alleged perpetrator or victim is a
U.S. national or a member of the U.S. Armed Forces.
As a result, even if a foreign national war criminal is located in
the U.S., they cannot be prosecuted for their war crimes committed
against other foreign nationals.
Americans pride themselves on belonging to a country that presents
itself to the world as a beacon of justice, a home for the persecuted,
and an enforcer of peace, but because of this gap in our laws, the
United States has become a safe haven for perpetrators of war crimes in
international conflicts.
This missing piece in our criminal laws constricts our ability to
hold individuals accountable in conflicts arising around the world. For
example, Russian oligarchs have found refuge in the United States and
will continue to do so until the Justice for Victims of War Crimes Act
becomes law.
This legislation fixes a loophole in the 1996 War Crimes Act by
permitting
[[Page H10013]]
U.S. authorities to prosecute foreign nationals who commit war crimes
and who are then found in the United States.
It also expands the statute of limitations in some cases since war
criminals are often not discovered hiding in the United States until
many years--sometimes decades--after their crimes.
Passage of the Justice for Victims of War Crimes Act will demonstrate
to the people of Ukraine, to our allies abroad, and to war criminals
around the world that the United States will not allow those who commit
atrocities to evade justice on our shores.
I thank my colleagues, Senator Grassley, Senator Durbin, Congressman
Cicilline, and Congresswoman Spartz, for their hard work in bringing
this legislation to the floor.
Madam Speaker, I urge all Members to support it, and I reserve the
balance of my time.
Mr. JORDAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this bill would provide U.S. courts with jurisdiction
over war criminals if the victim or offender is a U.S. national or a
lawfully admitted permanent resident alien, a member of the Armed
Forces of the United States, or otherwise present in the United States.
In order for a case against one of these individuals to be
prosecuted, the Attorney General or their designee must certify that
the prosecution is in the public interest and necessary to secure
substantial justice.
We all agree that those who commit war crimes should be brought to
justice, but this bill is not really that simple.
This bill has had no process in the Judiciary Committee. We have had
no hearings. We have heard from no witnesses. We have not fully
examined the potential ramifications of the legislation.
We don't know how this bill may align with the laws of foreign
nations or if, by passing this bill, we may cause other countries to
pass their own laws that would imperil our servicemembers or citizens
around the world.
We have not considered the standards that the Attorney General is
directed to follow in certifying these prosecutions.
If we have learned one thing in the Judiciary Committee this
Congress, it is that the Biden Justice Department's definition of
``public interest and substantial justice'' is radically different from
most Americans.
Does the Biden Justice Department believe it is in the public
interest to conspire with Big Tech to stifle speech and censor views,
as we have seen in recent disclosures?
Does the Biden Justice Department believe that using the weight of
Federal law enforcement to target concerned parents at school board
meetings amounts to substantial justice?
The standards in this bill are vague and unworkable, and I am
concerned about how they may be abused by this Justice Department. The
Judiciary Committee should have wrestled with these issues and others,
but we never had the chance.
Madam Speaker, for the reasons I cited in my opening statement, I
urge a ``no'' vote, and I yield back the balance of my time.
Mr. NADLER. Madam Speaker, I urge support for the bill for the
reasons I stated in my opening statement, and I urge support for the
bill. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 4240.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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