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              Congressional                                            ______
          R a    esearch Service






International Atrocity Crimes and Their

Domestic Counterparts



Updated January 31, 2024

Russia's war launched against Ukraine on February 24, 2022, the October 7, 2023 attacks perpetrated by
Hamas  in Israel, and Israel's subsequent campaign in Gaza have prompted widespread attention to the
legal framework that addresses atrocity crimes. The term atrocity crimes was coined by former U.S.
Ambassador at Large for War Crimes Issues David J. Scheffer to describe criminal conduct that is, among
other elements, of a significant magnitude, prohibited under conventional international criminal law,
and led, in its execution, by a ruling or otherwise powerful elite in society. The United Nations has
defined atrocity crimes as genocide, crimes against humanity, and war crimes. International law also
criminalizes conduct related to these crimes, such as torture and the crime of aggression. Some, but not
all, of these criminal offenses have counterparts in the U.S. 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. This Sidebar describes international
atrocity crimes and related offenses, examines their domestic counterparts, and discusses considerations
for Congress.


Atrocity Crimes and Related Offenses That Have a

Domestic Counterpart


Genocide

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide
Convention) recognizes genocide as a crime under international law and obligates state parties to
prevent and punish it. The Genocide Convention defines the offense of genocide as the committing of
certain acts with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as
such. The acts that qualify for purposes of establishing genocide are: (1) killing members of the targeted
group; (2) causing serious bodily or mental harm to the group's members; (3) subjecting the group to
conditions of life intended to cause the group's physical destruction; (4) imposing measures intended to
prevent births within the group; or (5) forcibly transferring children of the group. The International Court

                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                   LSB10747

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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