§509B — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The Attorney General must set up a new unit inside the Justice Department’s Criminal Division within 90 days after the Human Rights Enforcement Act of 2009 is enacted. That unit can bring legal action against people suspected of serious human rights crimes and must work with the U.S. Attorney in the area. The Attorney General should talk with the Secretary of Homeland Security and the Secretary of State when needed. Before acting, the unit must consider whether the United States or a foreign country is able and willing to prosecute. The term “serious human rights offenses” means crimes like genocide, torture, war crimes, and the use or recruitment of child soldiers, under sections 1091, 2340, 2340A, 2441, and 2442 of title 18.

Title 28, §509B

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney General shall establish a section within the Criminal Division of the Department of Justice with responsibility for the enforcement of laws against suspected participants in serious human rights offenses.

(b)The section established under subsection (a) is authorized to—

(1)take appropriate legal action against individuals suspected of participating in serious human rights offenses; and

(2)coordinate any such legal action with the United States Attorney for the relevant jurisdiction.

(c)The Attorney General shall, as appropriate, consult with the Secretary of Homeland Security and the Secretary of State.

(d)In determining the appropriate legal action to take against individuals who are suspected of committing serious human rights offenses under Federal law, the section shall take into consideration the availability of criminal prosecution under the laws of the United States for such offenses or in a foreign jurisdiction that is prepared to undertake a prosecution for the conduct that forms the basis for such offenses.

(e)The term “serious human rights offenses” includes violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under section 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code.

Editorial Notes

References in Text

The date of the enactment of the Human Rights

Enforcement

Act of 2009, referred to in subsec. (a), is the date of enactment of Pub. L. 111–122, which was approved Dec. 22, 2009.

§509B Section to Enforce Human Rights Laws

Summary

Title 28, §509B

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

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