Justice for Victims of War Crimes Act

Justice for Victims of War Crimes Act

This act broadens the scope of individuals who are subject to federal prosecution for war crime offenses.

Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national.

First, this act extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender.

Second, the act expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence.

The act allows an indictment for certain war crime offenses to be instituted any time, making the statute of limitations inapplicable. To undertake a prosecution for war crime offenses, the act requires written certification that prosecution is in the public interest and is necessary to secure substantial justice. The certification is not subject to judicial review.