Proxmire Act (S. 1851)

Summary

Makes it a federal crime to harm or kill members of a group with the goal of destroying that group, fulfilling an international agreement.

What problem does this solve?

The United States agreed to an international rule against genocide but did not have a specific federal law to punish it. This law creates federal crimes for genocide, allowing the U.S. to prosecute these acts and fulfill its international promise.

What does this law do?

Defines genocide as a federal crime

Makes it illegal to kill, cause serious injury, or inflict conditions intended to destroy a national, ethnic, racial, or religious group.

Sets severe punishments for genocide

Establishes punishment for killing members of a group as life in prison and a fine up to $1,000,000. Other acts of genocide carry penalties of up to 20 years in prison.

Removes the time limit for prosecution of killing

Allows the government to charge someone for the act of killing members of a group at any time, with no statute of limitations.

Makes it a crime to encourage genocide

Creates a separate offense for directly and publicly urging others to commit genocide, punishable by a fine up to $500,000 and up to five years in prison.

Applies to crimes in the U.S. or by U.S. nationals

Clarifies that the law applies to genocide committed within the United States or by any U.S. national, no matter where they are in the world.

Defines protected groups

Provides specific definitions for what constitutes a 'national group', 'ethnic group', 'racial group', and 'religious group' under this law.

Does not interfere with state or local laws

States that this federal law does not prevent states or local governments from applying their own laws to the same criminal conduct.

Who does this affect?

Members of national, ethnic, racial, or religious groups
U.S. nationals
Federal law enforcement

What is the real world impact?

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Fulfills international treaty obligations

Enacts domestic law to implement the International Convention on the Prevention and Punishment of Genocide, which the U.S. agreed to follow. This brings U.S. law in line with international standards on human rights.

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Establishes clear federal authority

Creates a specific federal crime for genocide, giving federal authorities the power to prosecute these acts when they occur in the U.S. or are committed by U.S. citizens abroad.

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Does not create new rights for victims to sue

Specifies that the law does not create any new rights for a party to enforce in court. This means victims cannot use this specific act to sue for damages, and must rely on other state or local laws.

When does this start?

This law became effective on November 4, 1988.