To amend chapter 118 of title 18, United States Code, to prohibit foreign war crimes prosecutions of Americans.

1. Adds SEC. 405. PROHIBITION OF WAR CRIMES PROSECUTION at the end of title IV

   Adds a section

   In S. 600 · Reported to Senate

   (2) the Secretary should instruct any United States representative to the United Nations to use the voice and vote of the United States to seek to enact significant and necessary changes to improve the accountability and increase the transparency of the United Nations processes, including in its peacekeeping missions around the world, as part of the follow- up to the 2005 United Nations report on reform initiatives entitled "The Report of the Secretary-General's High-level Panel on Threats, Challenges and Change".

   Inserted: SEC. 405. PROHIBITION OF WAR CRIMES PROSECUTION.

   Inserted: (a) In General.--Chapter 118 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 2442. International criminal court

   Inserted: "(a) Offense.--Except as provided in subsection (b), it shall be unlawful for any person, acting under the authority of the International Criminal Court, another international organization, or a foreign government, to knowingly indict, apprehend, detain, prosecute, convict, or participate in the imposition or carrying out of any sentence or other penalty on, any American in connection with any proceeding by or before the International Criminal Court, another international organization, or a foreign government in which that American is accused of a war crime.

   Inserted: "(b) Exception.--Subsection (a) shall not apply in connection with a criminal proceeding instituted by the government of a foreign country within the courts of such country with respect to a war crime allegedly committed--

   Inserted: "(1) on territory subject to the sovereign jurisdiction of such government; or

   Inserted: "(2) against persons who were nationals of such country at the time that the war crime is alleged to have been committed.

   Inserted: "(c) Criminal Penalty.--

   Inserted: "(1) In general.--Any person who violates subsection (a) shall be fined not more than $5,000,000, imprisoned as provided in paragraph (2), or both.

   Inserted: "(2) Prison sentence.--The maximum term of imprisonment for an offense under this section is the greater of--

   Inserted: "(A) 5 years; or

   Inserted: "(B) the maximum term that could be imposed on the American in the criminal proceeding described in subsection (a) with respect to which the violation took place.

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   Inserted: "(d) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over an offense under this section.

   Inserted: "(e) Civil Remedy.--Any person who is aggrieved by a violation under subsection (a) may, in a civil action, obtain appropriate relief, including--

   Inserted: "(1) punitive damages; and

   Inserted: "(2) a reasonable attorney's fee as part of the costs.

   Inserted: "(f) Definitions.--In this section--

   Inserted: "(1) the term 'American' means any citizen or national of the United States, or any other person employed by or working under the direction of the United States Government;

   Inserted: "(2) the term 'indict' includes--

   Inserted: "(A) the formal submission of an order or request for the prosecution or arrest of a person; and

   Inserted: "(B) the issuance of a warrant or other order for the arrest of a person, by an official of the International Criminal Court, another international organization, or a foreign government;

   Inserted: "(3) the term 'International Criminal Court' means the court established by the Rome Statute of the International Criminal Court adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of and International Criminal Court on July 17, 1998; and

   Inserted: "(4) the term 'war crime' means--

   Inserted: "(A) any offense now cognizable before the International Criminal Court; and

   Inserted: "(B) any offense hereafter cognizable before the International Criminal Court, effective on the date such offense becomes cognizable before such court.".

   Inserted: (b) Clerical Amendment.--The table of sections in chapter 118 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 2442. International criminal court.".

   Original wording

   At the end of title IV, add the following:

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As printed