Durbin's Genocide Accountability Act Becomes Law

Press Release

Durbin's Genocide Accountability Act Becomes Law

President George W. Bush today signed into law a measure written by Senator Dick Durbin's (D-IL) that cracks down on war criminals seeking refuge in the United States. Durbin's legislation, the Genocide Accountability Act, closes the legal loophole that prevented the U.S. Justice Department from prosecuting individuals in the United States who have participated in genocide in other countries.

"There is no safe haven for the hundreds of thousands of Sudanese who have faced genocide in Darfur and yet without this law, our country could become a safe haven for their killers," said Durbin. "Today's action by the President makes it crystal clear: the legal loophole in our law is closed and perpetrators of genocide who come to our country will now face significant consequences."

The bill is the first piece of legislation produced by the new Senate Subcommittee on Human Rights and the Law, which Durbin chairs, to become law. Senator Tom Coburn, M.D. (R-OK), the subcommittee's ranking member, Judiciary Committee Chairman Senator Patrick Leahy (D-VT) and Senator John Cornyn (R-TX) joined Senator Durbin as original cosponsors of the bill.

Before today, genocide was only a crime if it is committed within the United States or by a U.S. national outside the United States. The Genocide Accountability Act closed this loophole by amending the Genocide Convention Implementation Act to allow prosecution of non-U.S. nationals found in the United States for genocide perpetrated outside the U.S.

"Under no circumstances should an individual who participated in genocide be allowed to enjoy safe haven within the United States. Our country has served as an example of democracy and individual rights. Allowing these individuals to freely wander our streets is unacceptable. Persons who committed these heinous crimes should be punished to the fullest extent of the law. While it may sometimes be better to seek such punishment in a violator's home country, we should at least have the ability to prosecute violators here when it is prudent to do so," said Dr. Coburn.

The Justice Department has identified individuals who participated in the Rwandan and Bosnian genocides and who are living in the United States under false pretenses. Under the previous law, these individuals could not be prosecuted for perpetrating genocide, because they are not U.S. nationals and the genocides in which they were involved did not take place in the United States. In contrast, the laws on torture, material support for terrorism, terrorism financing, hostage taking, and many other federal crimes cover offenses committed outside the United States by non-U.S. nationals.

"This is a bill that underscores the importance of the rule of law in upholding human rights standards that are embedded in our core beliefs and principles. I am pleased that the President has signed this important bill into law," Leahy said. "The Senate Judiciary Committee's new Subcommittee on Human Rights and the Law already is making significant contributions to the fight against genocide, and I commend Senator Durbin for his efforts. I am proud of the work of our new subcommittee and am confident that it will continue to fulfill its purpose in confronting pressing human rights issues in the United States and abroad."

"The United States has made strides in helping victims of genocide, but we can and must do more. We must hold those guilty of atrocities responsible and ensure they are brought to justice. By closing the current loophole in federal law, this bill takes important steps to rid the world of genocide," Cornyn said.

The Genocide Accountability Act is one of three bills introduced by Senator Durbin that gives our government the authority to prosecute individuals found in the United States who have participated in serious human rights abuses anywhere in the world. The other bills, The Trafficking in Persons Accountability Act and the Child Soldiers Accountability Act, have both been unanimously reported by the Senate Judiciary Committee. The full Senate passed the Child Soldiers Accountability Act earlier this week.

Senator Durbin became the Chairman of the first-ever congressional committee or subcommittee dealing specifically with human rights law this January. The Senate Subcommittee on Human Rights and the Law has jurisdiction over all human rights laws and polices, including genocide, crimes against humanity, war crimes, torture and human trafficking. The Subcommittee's first hearing was on genocide. It has also held hearings on human trafficking, child soldiers, U.S. enforcement of human rights law and a provision in immigration law know as the "material support bar."

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