Gaps filling in the USC
There has been significant progress by the introduction of new laws in filling the gaps of US law by a subcommittee where three laws have been introduced.
The Genocide Accountability Act – This act was passed to fill a critical gap with regard to the crime of genocide in U.S. law. Previously, the Act provided that the U.S courts had jurisdiction of prosecuting the U.S. citizens who have committed genocide anywhere in the world or any individual who has committed genocide in the United States. But the present law in this Act enabled the court of the U.S. to have jurisdiction of the cases where an individual who commits genocide anywhere in the world can be prosecuted provided that the individual is found in the United States. The safe haven that was created due to the gap for those individuals perpetrating genocide within the territory of the United States was closed by introductions of this law.
The Child Soldiers Accountability Act – This act was introduced to close a glaring gap with regard to child soldiers. Previously, the U.S. law had no prohibition with regard to the recruiting, enlisting, conscripting, or using of child soldiers who are below fifteen years of age, which provided a safe space for those engaged in such activities. The citizens of the United States who were also involved in such activities were not prosecuted. Hence, this act made provisions by criminalizing the recruitment, enlistment or conscription or using of child soldiers who are below the age of fifteen years in the United States by any individual as well as criminalizing any citizen of United States or individual from any other country involved in these activities anywhere in the world.
The Trafficking in Persons Accountability Act of 2008 – The enactment of this Act as a part of the Trafficking Victims Protection Reauthorization Act closed the gap in the U.S. law by prohibiting any individual involved in activities such as trafficking of sex, forced labor involuntary servitude, slavery, or peonage happening anywhere in the world. According to this act, the law made provision for prosecuting any individual from any country rather than only citizens of the United States who are involved in such activities of trafficking of humans. This law provided that any individual committing such offense and is within the territory of the United States is subjected to investigation along with prosecution.
Crimes Against Humanity
Apart from the legislation mentioned above, there are varieties of crimes that are committed against humanity and are not found in the USC. Legislation known as the Crimes against Humanity Act 2009 has been passed with regard to providing punishment for crimes being committed against humanity (atrocity crimes). This is a significant development for filing the impunity gap in United State law. Sixteen different crimes committed against humanity have been codified in this Act among which there are twelve common crimes such as murder peonage or kidnapping, coercion, and forced labor. There is no appearance of novel crimes such as extermination, racial, arbitrary detention, and measures being imposed to prevent birth, in the federal criminal code that has been introduced in the Act. Under the tribunal statutes, there is an absence of a statute of limitation regarding crimes committed against humanity. Therefore, the position of this Act sets right in ensuring that the courts of United States have authority for prosecuting and investigating crimes against humanity along with the consistency with the principles equivalent in an event and where the International Criminal Court wants to exercise its jurisdiction when a case comes within the jurisdiction of the United States.
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