War Crimes
Just a reference for those of you unfamiliar with how we in the United States formally define war crimes.
‘War Crimes Act of 1996′
Chapter 118 – War Crimes
CITE 18 USC CHAPTER 118 – WAR CRIMES
EXPCITE TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 118 – WAR CRIMES
.
TEXT CHAPTER 118 – WAR CRIMES
NOTES Sec.
2441. War crimes.
AMENDMENTS
1996 – Pub. L. 104-294, title VI, Sec. 605(p)(2), Oct. 11, 1996,
110 Stat. 3510, redesignated item 2401 as 2441.
CITE 18 USC Sec. 2441 01/26/98
EXPCITE TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 118 – WAR CRIMES
TEXT Sec. 2441. War crimes
(a) Offense. – Whoever, whether inside or outside the United
States, commits a war crime, in any of the circumstances described
in subsection (b), shall be fined under this title or imprisoned
for life or any term of years, or both, and if death results to the
victim, shall also be subject to the penalty of death.
(b) Circumstances. – The circumstances referred to in subsection
(a) are that the person committing such war crime or the victim of
such war crime is a member of the Armed Forces of the United States
or a national of the United States (as defined in section 101 of
the Immigration and Nationality Act).
(c) Definition. – As used in this section the term ”war crime”
means any conduct -
(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol to
such convention to which the United States is a party;
(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the
Hague Convention IV, Respecting the Laws and Customs of War on
Land, signed 18 October 1907;
(3) which constitutes a violation of common Article 3 of the
international conventions signed at Geneva, 12 August 1949, or
any protocol to such convention to which the United States is a
party and which deals with non-international armed conflict; or
(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other Devices
as amended at Geneva on 3 May 1996 (Protocol II as amended on 3
May 1996), when the United States is a party to such Protocol,
willfully kills or causes serious injury to civilians.
SOURCE (Added Pub. L. 104-192, Sec. 2(a), Aug. 21, 1996, 110 Stat. 2104,
Sec. 2401; renumbered Sec. 2441, Pub. L. 104-294, title VI, Sec.
605(p)(1), Oct. 11, 1996, 110 Stat. 3510; amended Pub. L. 105-118,
title V, Sec. 583, Nov. 26, 1997, 111 Stat. 2436.)
NOTES REFERENCES IN TEXT
Section 101 of the Immigration and Nationality Act, referred to
in subsec. (b), is classified to section 1101 of Title 8, Aliens
and Nationality.
AMENDMENTS
1997 – Pub. L. 105-118 which directed amendment of section 2401
of this title by substituting ”war crime” for ”grave breach of
the Geneva Conventions” in subsec. (a) and for ”breach” in two
places in subsec. (b) and by amending subsec. (c) generally, was
executed by amending this section to reflect the probable intent of
Congress and the amendment by Pub. L. 104-294. Prior to amendment,
subsec. (c) read as follows:
”(c) Definitions. – As used in this section, the term ‘grave
breach of the Geneva Conventions’ means conduct defined as a grave
breach in any of the international conventions relating to the laws
of warfare signed at Geneva 12 August 1949 or any protocol to any
such convention, to which the United States is a party.”
1996 – Pub. L. 104-294 renumbered section 2401 of this title as
this section.
SHORT TITLE
Section 1 of Pub. L. 104-192 provided that: ”This Act (enacting
this chapter) may be cited as the ‘War Crimes Act of 1996′.”