About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 22, 2023)

handle is hein.crs/govenuq0001 and id is 1 raw text is: Congressional_______ R esearch Service The First Prosecution Under the War Crimes Act: Overview and International Legal Context December 22, 2023 On December 6, 2023, the U.S. Department of Justice (DOJ) brought an indictment in the U.S. District Court for the Eastern District of Virginia against four members of the Russian armed forces or allied military units (Defendants) for violations of the War Crimes Act of 1996-the first in the almost three decades of the Act's existence. DOJ brought the indictment just under a year after Congress enacted the Justice for Victims of War Crimes Act, which amended the War Crimes Act to extend DOJ's jurisdictional reach, in part in response to Russia's invasion of Ukraine and allegations of war crimes being committed by its armed forces. More indictments under the Act might be coming. When he announced the indictment, Attorney General Merrick Garland stated that the prosecution is our first, and you should expect more. He also suggested that DOJ's work may not be limited to Ukraine, stating that Hamas murdered 30 Americans and kidnapped more and DOJ is investigating those heinous crimes and will hold those people accountable. As U.S. prosecutions for war crimes proceed, it will provide Congress with the opportunity to evaluate and potentially respond to DOJ's implementation of the Act. A previous Legal Sidebar provides a summary of the various war crimes recognized under international law, with a focus on those punishable under U.S. law through the War Crimes Act. This Sidebar focuses on DOJ's first indictment to enforce the War Crimes Act. More specifically, this Sidebar (1) explains the application of the relevant provisions of the War Crimes Act to the facts alleged in the four-count indictment; (2) examines the jurisdictional basis of the case as well as the expansion of jurisdiction under the 2023 amendment; (3) discusses the roles of the Act and prosecutions under it in enforcing international laws prohibiting war crimes; and (4) provides a discussion regarding considerations for Congress in light of DOJ's first enforcement action under the Act. The Charges The War Crimes Act, codified at 18 U.S.C § 2441, makes certain war crimes under the body of international law known as international humanitarian law (IHL) federal criminal offenses. The Act Congressional Research Service https://crsreports.congress.gov LSB11091 CRS Legal Sidebar Prepared for Members and Committees of Conaress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most