Should the State Dept. Offer Bounties for Suspected War Criminals Who'd be Prosecuted Domestically? (H.R. 3851)

What is H.R. 3851?

(Updated February 21, 2020)

This bill would clarify that the State Dept. is authorized use its War Crimes Rewards Program to obtain information leading to the arrest or conviction of individuals suspected of committing war crimes who haven’t been charged by an international tribunal. The State Dept. would be permitted to offer rewards for crimes that would be prosecuted under the laws and statutes of the U.S. and other countries. The program offers cash awards of up to $5 million, but it is unclear whether current law allows it to be used to target individuals who haven’t been charged with war crimes by an international tribunal. Rewards can only be paid for information related to specific individuals designated by the State Dept.

Argument in favor

The State Department’s program that offers cash rewards for information leading to the arrest or conviction of war criminals needs the clarity that it can target individuals who would be prosecuted domestically, not just by international tribunals.

Argument opposed

The War Crimes Rewards Program should only be used to pay bounties to apprehend war criminals who would be prosecuted by international tribunals, not those that would be tried under the law of the U.S. or other countries.

Impact

The State Department’s War Crimes Rewards Program.

Cost of H.R. 3851

The CBO has no basis for estimating whether the State Department would offer more rewards as a result of this change.

Additional Info

In-Depth: Sponsoring Rep. Virginia Foxx (R-NC) and original cosponsor Rep. Eliot Engel (D-NY) introduced this bill to clarify that rewards can be offered for war crimes prosecutions that take place under domestic law, as current law appears to confine their use to prosecutions before an international tribunal:

“The War Crimes Rewards Expansion Act would clarify this ambiguity, ensuring that the WCRP can be used for prosecutions  that take place under domestic law — including U.S. law or the law of another country — in addition to the laws of international tribunals.

This clarification will build on the WCRP’s success, providing the State Department with clear authority to use rewards for a wider range of prosecutions. Under certain circumstances, atrocities can be prosecuted with the greatest impact in national courts, within the societies in which the crimes occurred. Doing so can help ensure the parties understand the law, witnesses have access to the trials, and public awareness is maximized.”

This legislation passed the House Foreign Affairs Committee on a voice vote and has the support of six bipartisan cosponsors in the House, with three representing each party.

Media:

• House Foreign Affairs Committee Press Release
  
• Reps. Virginia Foxx (R-NC) and Eliot Engel (D-NY) Letter
  
• CBO Cost Estimate