CHAPTER 50A—GENOCIDE

§ 1091. Genocide

(a) BASIC OFFENSE.—Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended to cause the physical de-struction of the group in whole or in part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group;
shall be punished as provided in subsection (b).

(b) PUNISHMENT FOR BASIC OFFENSE.—The punishment for an offense under subsection (a) is—
(1) in the case of an offense under subsection (a)(1), where death results, by death or impris-onment for life and a fine of not more than $1,000,000, or both; and
(2) a fine of not more than $1,000,000 or im-prisonment for not more than twenty years, or both, in any other case.

(c) INCITEMENT OFFENSE.—Whoever directly and publicly incites another to violate sub-section (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

(d) ATTEMPT AND CONSPIRACY.—Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(e) JURISDICTION.—There is jurisdiction over the offenses described in subsections (a), (c), and
(d) if—

(1) the offense is committed in whole or in part within the United States; or

(2) regardless of where the offense is com-mitted, the alleged offender is—
(A) a national of the United States (as that term is defined in section 101 of the Immi-gration and Nationality Act (8 U.S.C. 1101));
(B) an alien lawfully admitted for perma-nent residence in the United States (as that term is defined in section 101 of the Immi-gration and Nationality Act (8 U.S.C. 1101));
(C) a stateless person whose habitual resi-dence is in the United States; or
(D) present in the United States.

(f) NONAPPLICABILITY OF CERTAIN LIMITA-TIONS.—Notwithstanding section 3282, in the case of an offense under this section, an indict-ment may be found, or information instituted, at any time without limitation.
(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 Stat. 3045; amended Pub. L. 103–322, title VI, §60003(a)(13), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 107–273, div. B, title IV, §4002(a)(4), (b)(7), Nov. 2, 2002, 116 Stat. 1806, 1808; Pub. L. 110–151, §2, Dec.
21, 2007, 121 Stat. 1821; Pub. L. 111–122, § 3(a), Dec.
22, 2009, 123 Stat. 3481.) AMENDMENTS
2009—Subsec. (a). Pub. L. 111–122, § 3(a)(1), struck out
“, in a circumstance described in subsection (d)” before “and with the specific” in introductory provisions and “or attempts to do so,” before “shall be punished” in concluding provisions.
Subsec. (c). Pub. L. 111–122, §3(a)(2), struck out “in a circumstance described in subsection (d)” before “di-rectly”.
Subsecs. (d) to (f). Pub. L. 111–122, §3(a)(3), (4), added subsecs. (d) to (f) and struck out former subsecs. (d) and (e) which related to the required circumstance for of-fenses referred to in subsecs. (a) and (c) and nonappli-cability of certain limitations, respectively.
2007—Subsec. (d). Pub. L. 110–151 added subsec. (d) and struck out former subsec. (d). Text of former subsec. (d) read as follows: “The circumstance referred to in sub-sections (a) and (c) is that—
“(1) the offense is committed within the United States; or
“(2) the alleged offender is a national of the United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).”
2002—Subsec. (b)(1). Pub. L. 107–273, §4002(b)(7), sub-stituted “subsection (a)(1),” for “subsection (a)(1),,”. Pub. L. 107–273, § 4002(a)(4), made technical correction to directory language of Pub. L. 103–322. See 1994 Amendment note below.
1994—Subsec. (b)(1). Pub. L. 103–322, as amended by Pub. L. 107–273, § 4002(a)(4), substituted “, where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;” for “a fine of not more than $1,000,000 and imprisonment for life,”.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–273, div. B, title IV, §4002(a)(4), Nov. 2, 2002, 116 Stat. 1806, provided that the amendment made by section 4002(a)(4) is effective Sept. 13, 1994.
SHORT TITLE
Section 1 of Pub. L. 100–606 provided that: “This Act [enacting this chapter] may be cited as the ‘Genocide Convention Implementation Act of 1987 (the Proxmire Act)’.”

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.