On Sept. 23, the United Nations’ Independent International Commission of Inquiry on Ukraine released findings that Russia has committed war crimes in Ukraine. After visiting 27 towns and interviewing 150 witnesses, the commission reported that Russian troops have committed brutal executions, indiscriminate attacks and sexual and gender-based violence, including against children during their invasion of Ukraine.
In response to alleged war crimes in Ukraine earlier this year, Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa), Democratic Whip Sen. Dick Durbin (D-Ill.), Rep. David N. Cicilline (D-R.I.) and Congresswoman Victoria Spartz (R-Ind.) introduced the Justice for Victims of War Crimes Act to update the current United States war crimes statute to enable prosecution of war criminals under jurisdiction of the U.S. courts, regardless of the location or targets of their alleged atrocities. The legislation also extends the statute of limitations for war crimes discovered years after they occur.
Spartz
“The atrocities of Russia’s war against the Ukrainian people and POWs are heartbreaking,” Spartz said. “I have seen and heard it firsthand, but these war crimes have now also been confirmed by the UN. The international community cannot remain silent and must hold accountable not only top leaders who make these ruthless orders, but also military commanders who are willing to obey them.”
Current law allows for the prosecution of people who commit war crimes in the U.S. or against Americans abroad, but violators who target non-Americans are not subject to the law even after they enter the U.S.
The Justice for Victims of War Crimes Act expands the original war crimes jurisdiction to include war criminals found in the U.S., even if they never targeted U.S. nationals. This would allow the prosecution of those non-Americans who come to the U.S. after committing war crimes against Ukrainians.