S.Amdt. 855

1. Adds SEC. _. PROHIBITION OF WAR CRIMES PROSECUTION wherever appropriate

   Adds a section

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

   Inserted: (a) Short Title.--This section may be cited as the "Prohibition of Foreign War Crimes Prosecutions of Americans Act of 2007".

   Inserted: (b) 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 under 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 under 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

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   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.

   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 described in 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 any offense that is within the jurisdiction of the International Criminal Court at the time the offense is committed.".

   Inserted: (c) 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: "2442. International criminal court.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed