                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                         CHAPTER 118--WAR CRIMES
 
Sec. 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.

(Added Pub. L. 104-192, Sec. 2(a), Aug. 21, 1996, 110 Stat. 2104, 
Sec. 2401; renumbered Sec. 2441, Pub. L. 104-294, title VI, 
Sec. 605(p)(1), Oct. 11, 1996, 110 Stat. 3510; amended Pub. L. 105-118, 
title V, Sec. 583, Nov. 26, 1997, 111 Stat. 2436.)

                       References in Text

    Section 101 of the Immigration and Nationality Act, referred to in 
subsec. (b), is classified to section 1101 of Title 8, Aliens and 
Nationality.


                               Amendments

    1997--Pub. L. 105-118 which directed amendment of section 2401 of 
this title by substituting ``war crime'' for ``grave breach of the 
Geneva Conventions'' in subsec. (a) and for ``breach'' in two places in 
subsec. (b) and by amending subsec. (c) generally, was executed by 
amending this section to reflect the probable intent of Congress and the 
amendment by Pub. L. 104-294. Prior to amendment, subsec. (c) read as 
follows:
    ``(c) Definitions.--As used in this section, the term `grave breach 
of the Geneva Conventions' means conduct defined as a grave breach in 
any of the international conventions relating to the laws of warfare 
signed at Geneva 12 August 1949 or any protocol to any such convention, 
to which the United States is a party.''
    1996--Pub. L. 104-294 renumbered section 2401 of this title as this 
section.


                               Short Title

    Section 1 of Pub. L. 104-192 provided that: ``This Act [enacting 
this chapter] may be cited as the `War Crimes Act of 1996'.''
