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War Crimes

Some but not all war crimes may be prosecuted by US civil courts, whether committed within or outside of the US, but only when:

1. The victim is a US national or member of the US armed forces  or
2. The perpetrator is a former service member or a civilian accompanying the military overseas.

US Military courts have universal jurisdiction over war crimes to the extent permitted by international law, with the exception of some cases involving civilians.

• GRAVE BREACHES OF GENEVA CONVENTIONS, Rome Statute Article 8(2)(a): 18 USC § 2441(c)(1)defines war crimes as conduct "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."
• OTHER SERIOUS VIOLATIONS OF THE LAWS AND CUSTOMS APPLICABLE IN INTERNATIONAL ARMED CONFLICT, Rome Statute Article 8(2)(b): 18 USC §§ 2441(c)(1), (2), (3). 18 USC § 2441(c)(2) specifically defines a war crime as conduct "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."
• CASES OF AN ARMED CONFLICT NOT OF INTERNATIONAL CHARACTER, Rome Statute Articles 8(2)(c), (e): 18 USC § 2441(c)(3) defines war crimes of non-international armed conflict as conduct "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."
• WAR CRIMES COMMITTED BY OR AGAINST MEMBERS OF US ARMED FORCES OR A US NATIONAL, Rome Statute Article 8 generally: 18 USC §§ 3261-3267 extends jurisdiction to cover certain military and civilian persons who while "employed by or accompanying the Armed Forces outside the United States or while [members] of the Armed Forces" commit serious crimes under Title 18 (if such acts would be crimes if committed within the jurisdiction of the US), excluding civilians who are "national[s] of or ordinarily resident in the host nation" and active military members unless the crimes has been committed with one or more civilian defendant. Former military members are also covered. These statutes also allow for the extradition of such individuals to the country where the crime occurred under applicable treaties and international agreements.

In addition, under the Child Soldiers Accountability Act of 2008, Public Law 110-340 (October 3, 2008), US Courts may prosecute individuals for the recruitment or use of child soldiers under the age of 15, a war crime under the Rome Statute, if the crime is committed in whole or in part the US or if the offender is a US national, legal alien, habitual resident or is brought to or found in the US after the crime occurred.