Laws: Cases and Codes : U.S. Code : Title 18 : Section 2441


   
U.S. Code as of: 01/19/04
Section 2441. War crimes

      (a) Offense. - Whoever, whether inside or outside the United
    States, commits a war crime, in any of the circumstances described
    in subsection (b), shall be fined under this title or imprisoned
    for life or any term of years, or both, and if death results to the
    victim, shall also be subject to the penalty of death.
      (b) Circumstances. - The circumstances referred to in subsection
    (a) are that the person committing such war crime or the victim of
    such war crime is a member of the Armed Forces of the United States
    or a national of the United States (as defined in section 101 of
    the Immigration and Nationality Act).
      (c) Definition. - As used in this section the term "war crime"
    means any conduct - 
        (1) defined as a grave breach in any of the international
      conventions signed at Geneva 12 August 1949, or any protocol to
      such convention to which the United States is a party;
        (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the
      Hague Convention IV, Respecting the Laws and Customs of War on
      Land, signed 18 October 1907;
        (3) which constitutes a violation of common Article 3 of the
      international conventions signed at Geneva, 12 August 1949, or
      any protocol to such convention to which the United States is a
      party and which deals with non-international armed conflict; or
        (4) of a person who, in relation to an armed conflict and
      contrary to the provisions of the Protocol on Prohibitions or
      Restrictions on the Use of Mines, Booby-Traps and Other Devices
      as amended at Geneva on 3 May 1996 (Protocol II as amended on 3
      May 1996), when the United States is a party to such Protocol,
      willfully kills or causes serious injury to civilians.



[Notes]

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