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117-s-4240117th Congress

Justice for Victims of War Crimes Act

Sponsored By: Senator Grassley, Chuck [R-IA]

Became Law

Summary

Expands federal jurisdiction over war crimes. It lets the United States prosecute certain war crimes that occur in the U.S. or involve U.S. nationals, lawful permanent residents, members of the U.S. Armed Forces, or offenders present in the U.S. The law also removes some time limits on indictments and creates strict Justice Department approval rules for bringing cases.

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  • Victims and families: Victims gain access to U.S. prosecution when an offense happens in the U.S. or involves U.S. nationals, lawful permanent residents, or U.S. servicemembers, or when the alleged offender is in the United States.
  • Servicemembers and U.S. nationals: DOJ must consider potential adverse consequences for U.S. nationals, servicemembers, or employees when deciding to prosecute, and the Secretary of Defense and Secretary of State may offer views to the Attorney General.
  • Prosecutors: The Justice Department must use written certification from top officials before prosecuting, some cases require sign-off specifically by the Attorney General or Deputy Attorney General, and those certifications cannot be delegated or reviewed by courts.
  • Timing for prosecutions: For certain specified war crimes there is no time limit on bringing an indictment.
  • International courts: The law clarifies it is not support for U.S. ratification of the International Criminal Court and does not consent to foreign or international court jurisdiction.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

U.S. can prosecute more war crimes

The United States can prosecute these war crimes if any part happens in the U.S. It can also prosecute when the victim or offender is a U.S. citizen, a lawful permanent resident, or a U.S. service member. Cases can also proceed when the offender is present in the United States. For certain listed war crimes, there is no time limit to bring charges; prosecutors can file at any time. These changes apply now.

No consent to international court power

This law does not support joining the International Criminal Court. It does not give international, hybrid, or foreign courts any jurisdiction under this section. It only clarifies the U.S. position.

Top officials must approve war crime cases

Federal prosecutors need a written signoff stating a U.S. case is in the public interest and needed to secure substantial justice. The Attorney General, Deputy Attorney General, or an Assistant Attorney General must sign, and this approval cannot be delegated. If the only basis is that the offender is in the U.S., only the Attorney General or Deputy may sign. They must weigh removal for prosecution elsewhere and any risks to U.S. nationals, service members, or employees; Defense and State may offer views. Courts cannot review these certifications or inputs.

Sponsors & CoSponsors

Sponsor

Grassley, Chuck [R-IA]

IA • R

Cosponsors

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 5/18/2022

  • Sen. Graham, Lindsey [R-SC]

    SC • R

    Sponsored 5/18/2022

  • Sen. Leahy, Patrick J. [D-VT]

    VT • D

    Sponsored 5/18/2022

  • Sen. Blunt, Roy [R-MO]

    MO • R

    Sponsored 7/13/2022

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 9/19/2022

  • Sen. Shaheen, Jeanne [D-NH]

    NH • D

    Sponsored 11/14/2022

  • Sen. Tillis, Thomas [R-NC]

    NC • R

    Sponsored 11/14/2022

Roll Call Votes

No roll call votes available for this bill.

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