Amendment proposed by the Bush Administration to the War Crimes Act:

Section 2441 of title 18, United States Code, is amended by replacing subsection (c)(3) with the following:

"which constitutes any of the following offenses, when committed in the context of and in association with an armed conflict not of an international character under common Article 3 of the international conventions signed at Geneva 12 August 1949:

1. Torture, inhuman treatment, or cruel treatment. -- Any person who commits, or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control shall be guilty of a violation of this subsection. "Severe mental pain or suffering" has the meaning provided in 18 SC 2340(2). [I.e. despite the title, which includes "inhuman" and "cruel" treatment, the definition follows only the torture definition, and does not include reference to legislation on "cruel, inhuman and degrading treatment."

2. Performing biological experiments. -- Any person who subjects one or more persons to biological experiments without a legitimate medical purpose and in so doing seriously endangers the body or health or such person or persons shall be guilty of a violation of this subsection.

3. Intentionally killing any person taking no active part in the hostilities. -- Any person who intentionally kills, or attempts to kill, one or more persons who were taking no active part in the hostilities, including those placed hors de combat by sickness, wounds, detention, or any other cause, shall be guilty of a violation of this subsection. The intent required for this offense precludes its applicability with regard to collateral damage or to death, damage, or injury incident to a lawful attack.

4. Mutilating or maiming any person taking no active part in the hostilities. -- Any person who intentionally injures, or attempts to injure, one or more persons who were taking no active part [in hostilities, presumably], including those placed hors de combat by sickness, wounds, detention, or any other cause, by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb, or organ of his body, without any legitimate medical or dental purpose, shall be guilty of a violation of this subsection. The intent required for this offense precludes its applicability with regard to collateral damage or to death, damage, or injury incident to a lawful attack.

5. Intentionally causing great suffering or serious injury. -- Any person who intentionally causes, or attempts to cause, serious bodily injury to one or more persons who were taking no active part in the hostilities, including those placed hors de combat by sickness, wounds, detention, or any other cause, or intentionally engages in conduct that places such a person at significant risk of serious bodily injury, shall be guilty of a violation of this subsection. The intent required for this offense precludes its applicability with regard to collateral damage or to death, damage, or injury incident to a lawful attack. "Serious bodily injury" has the meaning provided in 18 USC 1365(h)(3).

6. Rape -- Any person who forcibly or with coercion or threat of force wrongfully invades, or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused or with any foreign object shall be guilty of a violation of this subsection.

7. Sexual assault or abuse. -- Any person who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one of more persons to engage in sexual contact shall be guilty of a violation of this subsection. For purpose of this offense, "sexual contact" has the meaning provided in 18 USC 2246(3).

8. Taking hostages. -- Any person who, having knowingly seized or detained one or more persons in violation of the laws of armed conflict, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons, shall be guilty of a violation of this amendment."