S. 4095 — Justice for Hind Rajab Act

This section states congressional findings that (1) the United States has provided more than $21,700,000,000 in military assistance to Israel since October 7, 2023; (2) approximately 10,000 people from the United States were activated for the war in Gaza per Israeli government information; (3) more than 20,000 children have been killed in Gaza since October 7, 2023, per Gaza Ministry of Health reports; (4) at least 1,700 health workers have been killed in Gaza since that date; (5) on January 29, 2024, Israel Defense Forces killed five-year-old Hind Rami Iyad Rajab, six family members, and two Palestine Red Crescent paramedics attempting her rescue, using weaponry consistent with U.S.-supplied equipment including the M4 carbine, FN MAG machine gun, and 120mm M830A1 rounds from a Merkava tank; (6) a forensic investigation identified 335 bullet holes in the family's vehicle and confirmed an IDF Merkava tank nearby; (7) on April 16, 2024, a Department of State spokesperson stated the Department would request further information from Israel and welcome a full investigation; and (8) the Leahy Law (22 U.S.C. 2378d) prohibits assistance to foreign security force units if the Secretary of State has credible information of gross human rights violations by such units.

This section requires the Secretary of State, not later than 30 days after enactment, to certify to the appropriate congressional committees that if credible information indicates the January 29, 2024, Gaza City attacks—which killed Hind Rajab, her family members, and two Palestine Red Crescent paramedics—constitute war crimes (as defined in 18 U.S.C. 2441) involving U.S.-origin weapons or munitions, U.S. citizens, or Israeli Defense Forces (IDF) personnel trained by the United States, the Secretary will refer such findings to the Attorney General not later than 15 days after certification. The section further requires the Attorney General, not later than 30 days after enactment, to certify to the committees that the Department of Justice will review any such referral and, upon receipt, initiate an investigation and prosecutions for war crimes under 18 U.S.C. 2441 to the extent U.S. courts have jurisdiction. (Thus, potential prosecutions could apply to qualifying offenders under the war crimes statute, which covers grave breaches of the Geneva Conventions and other specified acts in armed conflict.)

This section directs the Secretary of State, in consultation with the Attorney General and the Secretary of Defense, to submit to the appropriate congressional committees, not later than 45 days after the date of enactment of this Act, a report on the Gaza City attacks of January 29, 2024. The report must include (1) all available U.S. government information on the identity of involved Israeli Defense Forces (IDF) or other Israeli security force units, the operational motivation for the attacks, actions by the government of Israel to investigate and hold accountable those responsible, involvement of U.S. citizen soldiers, use of U.S.-provided weapons or ammunition, and U.S. training of involved IDF personnel; (2) Department of State actions to inquire with or request information from the government of Israel; (3) Department of State requests for information from the intelligence community and other U.S. government components; (4) the extent to which the Secretaries of State and Defense inquired or investigated whether the attacks constituted a gross violation of human rights under the Leahy Laws (i.e., section 620M of the Foreign Assistance Act of 1961, 22 U.S.C. 2378d, and 10 U.S.C. 362, which prohibit U.S. assistance to foreign security force units committing such violations); (5) findings from any other Department of State reviews, policy recommendations, or investigations related to the attacks, including under the department's Civilian Harm Incident Response Guidance; and (6) whether the Department of Justice received information on the attacks, relayed it to the Human Rights and Special Prosecutions Section, and established a record thereof.

This section expresses the sense of Congress that (1) the Government of Israel should provide acknowledgment, apology, and compensation to the families of Hind Rajab and the paramedics killed in attacks on January 29, 2024, in consideration of the families' input and wishes; and (2) the Department of State should provide compensation to such families if U.S.-origin weapons or munitions were involved in the attacks.

This section declares it to be the policy of the United States (1) to collect, analyze, and preserve evidence of possible war crimes and atrocities committed during the Israel-Hamas war that began on October 7, 2023—including the January 29, 2024, attacks that killed Hind Rajab, her family members, and two Palestine Red Crescent paramedics—for use in domestic, foreign, and international prosecutions; (2) to pursue accountability for war crimes worldwide, including via Department of Justice prosecutions under the War Crimes Act (18 U.S.C. §2441); (3) to treat the willful killing of protected persons such as civilians and medical personnel as war crimes (and, if systemic, crimes against humanity); (4) to hold perpetrators of war crimes and crimes against humanity accountable; (5) to uphold the Fourth Geneva Convention, including common Article 3 prohibiting violence against persons not taking part in hostilities; (6) to uphold Article 35 of the First Geneva Convention protecting transports of the wounded, sick, or medical equipment; and (7) for the Attorney General, with input from other federal agencies as appropriate, to investigate credible allegations of war crimes by U.S. citizens in Gaza under 18 U.S.C. §2441.

This section establishes definitions for terms used in the Act, including (1) "appropriate congressional committees" as the Senate Committees on Foreign Relations, the Judiciary, and Armed Services and the Senate Select Committee on Intelligence; the House Committees on Foreign Affairs, the Judiciary, and Armed Services; and the House Permanent Select Committee on Intelligence; (2) "atrocities" as given in section 6(2) of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (22 U.S.C. 2656 note); and (3) "war crime" as given in 18 U.S.C. 2441(c).