§ 2441. — War crimes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2441]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 118--WAR CRIMES
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.
(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.)
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
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'.''
