Senate Passes Durbin, Coburn, Leahy & Cornyn Genocide Accountability Act

Press Release

SENATE PASSES DURBIN, COBURN, LEAHY & CORNYN GENOCIDE ACCOUNTABILITY ACT

The U.S. Senate today passed legislation introduced by U.S. Senator Dick Durbin (D-IL), Chairman of the Senate Subcommittee on Human Rights and the Law, Senator Tom Coburn (R-OK), who serves as Ranking Member of the subcommittee, Senator Patrick Leahy (D-VT), Chairman of the Judiciary Committee, and Senator John Cornyn (R-TX) that will close a legal loophole that currently prevents the U.S. Justice Department from prosecuting people in the United States who have committed genocide in other countries.

"There is no safe haven for the hundreds of thousands of Sudanese facing genocide in Darfur and yet our country is providing a safe haven for their killers," said Durbin. "The current loophole in our genocide laws has real-life consequences. While genocide rages in Darfur, the United States must commit to holding those guilty of genocide accountable."

Under current law, genocide is only considered a crime if it is committed within the United States or by a U.S. national outside the United States. The Genocide Accountability Act would close the current loophole by amending the Genocide Convention Implementation Act to allow prosecution of non-U.S. citizens for genocide committed outside the U.S.

"In America we are blessed with the most effective and just legal system in the world. It is contrary to our system of justice to allow perpetrators of genocide to go free without fear of prosecution. Fundamentally, we must decide if genocide is a bad enough crime, no matter where it happens, that it warrants the same treatment as terrorism-related crimes," said Senator Tom Coburn, M.D.

The Justice Department has identified individuals who participated in the Rwandan and Bosnian genocides and who are living in the United States under false pretenses. Under current law, these individuals cannot be arrested or prosecuted, because they are not U.S. nationals and the genocides in which they were involved did not take place in the United States. In contrast, the laws on torture, material support for terrorism, terrorism financing, hostage taking, and many other federal crimes are still considered crimes when committed outside the United States by non-U.S. nationals.

"This bill allows for prosecution of those found in the United States who have participated in horrific acts against humanity in places like Bosnia, Rwanda, and Darfur, and it gives federal prosecutors the tools they need to bring these people to justice," said Senator Leahy. "I have long called for greater U.S. involvement in resolving the crisis in Darfur and worked for greater accountability for those who commit war crimes and crimes against humanity, and it was a pleasure to work with Senator Durbin to set up a Human Rights Subcommittee in the Senate Judiciary Committee for the first time. This bill is an indication of the important scope and work of the new subcommittee."

Salah Abdallah Gosh, the head of security in the Sudanese government, has reportedly played a key role in the government's genocidal campaign in Darfur. In 2005, Gosh came to Washington to meet with senior Administration officials. Under current law, the FBI could not even interview Gosh about his involvement in the Darfur genocide, much less charge him with a crime.

"The genocide in Darfur has become the world's most dire human rights and humanitarian crisis," Sen. Cornyn said. "We must hold those guilty of atrocities responsible and ensure they are brought to justice. By closing the current loophole in federal law, this bill takes important steps to rid the world of genocide."

This bill is the first to be produced by the Subcommittee on Human Rights and the Law which was officially established at the Senate Judiciary Committee's first business meeting of the 110th Congress. The subcommittee has jurisdiction over all human rights laws and policies and will focus on issues such as genocide, human trafficking, war crimes, crimes against humanity, torture, and arbitrary detention. The Human Rights Subcommittee's first hearing was held in February and focused on the genocide in Darfur and other parts of the world.

The Genocide Accountability Act has been endorsed by numerous organizations, including the Save Darfur Coalition, Genocide Intervention Network, American Jewish World Service, Armenian Assembly of America, Armenian National Committee of America, Human Rights First, Human Rights Watch, Alliance for Justice, Refugees International, and ENOUGH.

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