Genocide and the Rule of Law
Genocide and the Laws of the United States
In 1948, the United Nations General Assembly adopted the "Convention on the Prevention and Punishment of the Crime of Genocide," also known as the Genocide Convention.
The Genocide Convention requires states to make efforts to prevent genocide as well as punish acts of genocide. The purpose of today's hearing is to discuss ways to update and revise U.S. laws to allow us to prosecute genocide more effectively, when we have the opportunity to do so.
Under current law, the United States cannot prosecute a person for an act of genocide, unless the act was committed within the United States, or unless the alleged offender is an American citizen. In contrast, many other federal crimes, such as torture, hostage taking, and terrorism financing, allow extraterritorial jurisdiction for crimes committed outside the United States by non-U.S. nationals. The Justice Department reportedly has identified individuals who are living in the United States and who participated in the Rwandan and Bosnian genocides. However, the Justice Department cannot arrest or prosecute these individuals, because they are not American citizen and the genocides in which they participated did not take place in the United States.
In order to close this loophole, my colleague from California, Congressman Howard Berman, introduced H.R. 2489, the Genocide Accountability Act of 2007. Congressman Berman's legislation amends the federal criminal code to allow the prosecution of acts of genocide committed by an alleged offender who is a permanent resident of the United States, or who is brought into or found in the United States, even if the offense occurred outside the United States. I am proud to support H.R. 2489, and I ask Congressman Berman to add my name as a cosponsor.
Genocide in Darfur
Even as we speak at this hearing, a genocide is being committed in Sudan against the people of Darfur. More than 200,000 people have been killed by Sudanese government forces and armed militias since 2003, and another 200,000 people have died as a result of the deliberate destruction of homes, crops and water supplies and the resulting conditions of famine and disease. More than 2.5 million people have been displaced.
According to a recent United Nations report, attacks against humanitarian aid workers have increased 150 percent in the past year. There are 13,000 humanitarian aid workers in Darfur, providing aid to more than 4 million people, and violence limits their ability to reach people in need. In June, approximately one in six humanitarian convoys leaving the capitals of Darfur provinces were ambushed by armed groups. About two-thirds of the population of Darfur is dependent upon these courageous aid workers and the aid they bring.
Early in 2006, I visited the Darfur region with my good friend from California, Speaker Nancy Pelosi, and I was deeply disturbed by what I saw. As far as the eyes could see, there were crowds of displaced people who had been driven from their homes, living literally on the ground with nothing but little tarps to cover them. That was almost two years ago, and yet this genocide has been allowed to continue.
Sudan Legislation
I introduced H.R. 3464, the Stop Importing Gum Arabic from the Genocidal Government of Sudan Act. This bill would tighten economic sanctions against Sudan by eliminating an exemption for gum arabic. Gum arabic is a substance derived from a plant with a variety of commercial uses. Gum arabic is plentiful in Sudan, and the United States imports an estimated 4,000 to 5,000 tons of Sudanese gum arabic every year, despite the government of Sudan's continuing genocide against the people of Darfur. I introduced this bill because I believe it is time for the United States to get serious about stopping this genocide. This bill is cosponsored by Congressman Howard Berman and Congressman Barney Frank.
I also introduced H.Res. 628, a resolution to express the sense of Congress that the President should take action to boycott the Olympic Games in China, unless the Chinese government acknowledges and condemns the genocide taking place in Darfur and ends its military and economic support for the government of Sudan. China is the world's largest supplier of military arms and equipment to Sudan, and Sudan is using these supplies to commit genocide in Darfur. I introduced this resolution because I believe that the spirit of the Olympics is not compatible with any actions directly or indirectly supporting genocide. This resolution is cosponsored by another one of my colleagues from California, Congressman Dana Rohrabacher.
Conclusion
Genocide is a heinous and despicable crime, which contradicts all of the values we in America hold dear. We must use every tool at our disposal to stop genocide from occurring and to hold those who commit genocide responsible for their actions. I look forward to the testimony of the witnesses and the suggestions they have for improving our ability to prevent and prosecute genocide wherever and whenever it occurs.
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