Yes, the United States has universal jurisdiction for genocide and war crimes only, not for crimes against humanity or crimes of aggression. The US has universal jurisdiction over the crime of torture.

Thus, it can hear the case regardless of where the acts were committed or the nationalities of the victims and perpetrators as long as the alleged perpetrator is present in the US.

Genocide (US Code, Title 18, §1091):

Offense committed in whole or in part in the US
Regardless of where the office is committed if alleged perpetrator is:
– US national
– US permanent resident
– Stateless person whose habitual residence is in the US
– Present in the US

War crimes (US Code, Title 18, §2441)
Offense committed in whole or in part in the US
Regardless of where the offence is committed if victim or perpetrator is:
– US national
– Member of US armed forces regardless of nationality
– Perpetrator is in the US, regardless of nationality of victim or perpetrator

Torture (US Code, Title 18, §§ 2340-2340A):
Torture must be (1) committed by a person acting under the color of law; (2) specifically intended to inflict; (3) severe physical or mental pain or suffer upon another person; (4) within the defendant’s custody or physical control.
There is jurisdiction if:
– Perpetrator is a US national
– Perpetrator is present in the US irrespective of nationality of victim or perpetrator

Only public prosecutors can initiate criminal proceedings & they must notify the Department of Justice’s Human Rights Special Prosecution Unit (HRSP).

Furthermore, express approval by the Assistant Attorney General (AAG) of the Criminal Division is required. This is necessary before the US Attorney can pursue a search warrant or file the criminal complaint.

Note there may be other notifications required if charges relate to:
International terrorism → notify the Counterterrorism Section of the Department of Justice’s National Security Division

Once charges are approved by the AAG, the prosecutor can proceed with the criminal complaint and HRSP will continue to consult & guide on the case.

1. Investigation – the initiation of investigations can only be done by federal investigators and prosecutors in the offices of the U.S. Attorneys and federal agencies. This cannot be done by private individuals (i.e. victims) or NGOs. However, leads for investigations come from them so they can share information regarding individuals suspected of engaging in human rights abuses or war crimes by contacting the HRVWCC (Human Rights Violators & War Crimes Center):
– Domestic: 1-866-347-2423
– International: 00-1-802-872-6199
– Email: HRV.ICE@ice.dhs.gov
– Online: tips.fbi.gov

At this stage information is gathered by attorneys, historians, analysts and special agents within the HRVWCC work together, including across agencies.

At the conclusion of an investigation, prosecutors will review all available evidence to determine whether the case should be presented to a federal grand jury, which would then decide whether charges should be formally brought. The use of a grand jury is required for confirming all federal felony charges, including genocide, torture, and war crimes.

After an indictment is issued by the grand jury, the court must issue an arrest warrant for each defendant named in the indictment,

2. Pre-trial – a preliminary hearing is held, where the prosecutor must show that there is sufficient evidence to support the charges. If the judge finds there is probable cause to believe the defendant committed the alleged crime, a trial will be scheduled.

3. Trial – a jury can only convict a defendant if all 12 jurors unanimously agree the defendant is guilty beyond a reasonable doubt. If so, the judge decides on the sentencing terms.

4. Appeals – appealing is possible for both plaintiff and defendant.

Two federal statutes govern duties owed to victims in federal criminal proceedings.

The Crime Victims’ Rights Act (CVRA) governs individuals’ rights as victims of federal crime, and the Victims’ Rights and Restitution Act (VRRA) establishes services the government is required to provide to victims of federal crimes.

VICTIM RIGHTS AT THE INVESTIGATION STAGE
Right to information: early notice, arrest of perpetrator, filing of charges against perpetrator, right to confer with prosecutor, right to be informed of their rights
Rights to security & protection: particularly from the accused or anyone acting on accused’s behest
Right to privacy & respect: right to be treated with fairness & respect for victim’s dignity and privacy
VRRA → provision of information & assistance for obtaining emergency medical and social services – counseling, treatment & other support

VICTIM RIGHTS AT THE TRIAL STAGE
Right to information: reasonable, accurate & timely notice of public court proceeding/parole proceeding/plea bargain/release or detention status of perpetrator
Right to timely proceedings: free from unreasonable delay
Right to be present
Right to be heard: to confer with prosecutor, to be heard at any public proceeding, to submit a victim impact statement (in written or oral form)
Right to restitution: full and timely restitution
Others: right to be protected from accused & to be treated with fairness and with respect to victim’s dignity and privacy

Reparations in Criminal Proceedings

Restitution
Defendants must pay for losses that occurred because of the commission of the crime: lost income, property damage, counseling, medical expenses, funeral costs, other financial costs as a direct result from the crime

Crime Victims Fund
Financial assistance to victims to cover the costs they have incurred because of the crimes committed against them.

Reparations in Civil Proceedings
Can pursue civil proceedings with the only award being monetary damages based on the Alien Tort Statute:
Defendant must be either present in the US or have sufficient contacts to the US
The act violated one of the universally accepted & obligatory norms of international law: torture, extrajudicial killing, crimes against humanity, war crimes, genocide, slavery
There must be a sufficient nexus between the claim and the US
Perpetrator must be directly or indirectly liable
The claim must be filed within 10 years after the cause of action arose.