Patrick Leahy: “I am very pleased that my amendment to strengthen our ability to prosecute war criminals in the United States has been…”

“I am very pleased that my amendment to strengthen our ability to prosecute war criminals in the United States has been accepted by the Republican side. This amendment, which builds on the War Crimes Act of 1996, closes some gaps in our Nation's implementation of the Geneva and Hague Conventions. The War Crimes Act of 1996 only permits prosecution for war crimes in the United States if the person accused of committing the crime, or the victim of a war crime, is a national of the United States or a member of the U.S. Armed Forces. While noble in its intent, that act does not permit the United States to prosecute non-U.S. nationals who come within our jurisdiction. It leaves the United States open as a potential safe-haven for war criminals seeking to escape prosecution. Currently, we have no extradition treaties with 75 nations including Somalia, Cambodia, Afghanistan, Lebanon, and Iran. If a war criminal from any of these countries takes refuge in the United States, we cannot extradite him. The alternative--deportation--is a long and complex process which becomes even more difficult when the accused is to be deported to a specific country. Even if deportation is successful, a war criminal may be returned to a country in which the judicial system is nonfunctional--Cambodia, for example--thus escaping prosecution altogether. My amendment allows us to prosecute war criminals located in the United States, regardless of their nationality.”