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18 USC CHAPTER 118 - WAR CRIMES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 118 - WAR CRIMES

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CHAPTER 118 - WAR CRIMES

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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.

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18 USC Sec. 2441 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 118 - WAR CRIMES

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Sec. 2441. War crimes

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(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.

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(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; Pub. L. 107-273,

div. B, title IV, Sec. 4002(e)(7), Nov. 2, 2002, 116 Stat. 1810.)

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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.

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AMENDMENTS

2002 - Subsecs. (a) to (c). Pub. L. 107-273 made technical

correction to directory language of Pub. L. 105-118, Sec. 583. See

1997 Amendment notes below.

1997 - Subsec. (a). Pub. L. 105-118, Sec. 583(1), as amended by

Pub. L. 107-273, substituted ''war crime'' for ''grave breach of

the Geneva Conventions''.

Subsec. (b). Pub. L. 105-118, Sec. 583(2), as amended by Pub. L.

107-273, substituted ''war crime'' for ''breach'' in two places.

Subsec. (c). Pub. L. 105-118, Sec. 583(3), as amended by Pub. L.

107-273, amended subsec. (c) generally. 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.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(7), Nov. 2,

2002, 116 Stat. 1810, provided that the amendment made by section

4002(e)(7) is effective Nov. 26, 1997.

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'.''

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