Leahy And Bipartisan, Bicameral Coalition In Congress Introduce Bill To Broaden War Crimes Jurisdiction

Source: United States Senator for Vermont Patrick Leahy

05.18.22

(WEDNESDAY, May 18, 2022) – Senator Patrick Leahy (D-Vt.) is part of a bipartisan, bicameral group of lawmakers who Wednesday introduced legislation to broaden the scope of individuals subject to prosecution for war crimes. The Justice for Victims of War Crimes Act updates the current war crimes statute to enable prosecution of war criminals in the United States regardless of the location or targets of their atrocities. The legislation also extends the statute of limitations for war crimes discovered years after they occur.

The Senate bill is led by Sen. Chuck Grassley (R-Iowa), ranking member of the Senate Judiciary Committee, and Sen. Dick Durbin (D-Ill.), chairman of the Senate Judiciary Committee, along with Sens. Lindsey Graham (R-S.C.) and Patrick Leahy (D-Vt.). An identical version of the bill was introduced in the House of Representatives by Reps. David Cicilline (D, R.I.-01) and Victoria Spartz (R, Ind.-05).

“Our commitment to protecting human rights around the world begins with human rights accountability right here at home. War criminals who commit heinous acts against fellow human beings must not be able to find safe harbor in the United States because of a loophole in our laws. I am proud to cosponsor this legislation that would help ensure that those who violate human rights are brought to justice for their crimes, regardless of where they were committed or whom they were committed against. This bill sends a clear signal that America is a refuge for the persecuted — not for persecutors,” Leahy said.

“The United States must not be a safe haven for war criminals looking to escape justice in their home country. While laws on the books hold war criminals accountable for acts against Americans, war criminals who enter the United States shouldn’t get a free pass just because they haven’t targeted Americans. This bill sends a strong message that people who commit war crimes are not welcome here and should be punished, regardless of where their offense was committed or who they victimized,” Grassley said.

Current law allows for the prosecution of people who commit war crimes in the United States or against Americans abroad, but violators who targeted non-Americans are not subject to the law even after they enter the United States. The Justice for Victims of War Crimes Act expands the original war crimes jurisdiction to include war criminals found in the United States, even if they never targeted U.S. nationals.

Legislative text for the Justice for Victims of War Crimes Act (S.4240) is available HERE.

This legislation comes in the wake of Russia’s invasion of Ukraine to send a clear message that war criminals from any country are not welcome in the United States.

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