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1 1 (May 25, 2022)

handle is hein.crs/govefvd0001 and id is 1 raw text is: Congressional ______ a Research Service International Atrocity Crimes and Their Domestic Counterparts May 25, 2022 Russia's 2022 invasion of Ukraine has prompted widespread attention to the legal framework governing wartime atrocities. In a 2006 article, former U.S. Ambassador at Large for War Crimes Issues David J. Scheffer coined the term atrocity crimes to describe criminal conduct that is, among other elements, of a significant magnitude, prohibited under international criminal law, and led in its execution by a ruling government group or power elite in society. In 2014, the United Nations defined atrocity crimes as genocide, crimes against humanity, and war crimes. International law also criminalizes related conduct that can take place in wartime, such as torture and the crime of aggression. Some, but not all, of these offenses have counterparts in the United States' criminal code. The Human Rights and Special Prosecution Section in the Department of Justice (DOJ) is responsible for investigating and prosecuting atrocity crimes and related offenses under U.S. law, but prosecutions can be limited by the lack of extraterritorial jurisdiction, statutes of limitation, and other facets of the offenses. This Sidebar introduces international atrocity crimes and related offenses, examines their domestic counterparts, and discusses proposals for congressional reform. Offenses with Domestic Counterparts Genocide Described as the crime of crimes, genocide is prohibited under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The United States ratified the convention in 1988 and passed legislation implementing the treaty into U.S. law the same year. Codified in 18 U.S.C. § 1091, the domestic genocide offense contains two essential elements. First, the offender must have genocidal intent-the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group. Second, the offender must commit one of the following offenses: (1) killing members of the targeted group; (2) causing serious bodily injury to the group's members: (3) using drugs, torture, or similar techniques to permanently impair group members' mental faculties; (4) subjecting the group to conditions of life intended to cause the group's physical destruction; (5) imposing measures intended to prevent births within the group; or (6) transferring children out of the group by force. Congressional Research Service https://crsreports. congress.gov LSB10747 CRS Legal Sidebar Prepared for Members and Committees of Congress

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