[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Reported in Senate (RS)]
<DOC>
Calendar No. 134
115th CONGRESS
1st Session
S. 905
To require a report on, and to authorize technical assistance for,
accountability for war crimes, crimes against humanity, and genocide in
Syria, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2017
Mr. Cardin (for himself, Mr. Rubio, Mr. Corker, Mrs. Shaheen, Mr.
Menendez, Mr. Young, Mr. Merkley, Mr. Coons, Mr. Kaine, Ms. Warren, Ms.
Klobuchar, Mr. Peters, Mr. Blumenthal, Mr. Booker, Mrs. Feinstein, Mr.
Markey, Mrs. Gillibrand, Mr. Bennet, Mr. Brown, and Mr. Leahy)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
June 12, 2017
Reported by Mr. Corker, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To require a report on, and to authorize technical assistance for,
accountability for war crimes, crimes against humanity, and genocide in
Syria, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Syrian War Crimes
Accountability Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. Report on accountability for war crimes, crimes against
humanity, and genocide in Syria.
Sec. 6. Transitional justice study.
Sec. 7. Technical assistance authorized.
Sec. 8. State Department Rewards for Justice Program.
Sec. 9. Independent International Commission of Inquiry on the Syrian
Arab Republic.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) March 2017 marks the sixth year of the ongoing conflict
in Syria.
(2) As of February 2017--
(A) more than 600,000 people are living under siege
in Syria;
(B) approximately 6,300,000 people are displaced
from their homes inside Syria; and
(C) approximately 4,900,000 Syrians have fled to
neighboring countries as refugees.
(3) Since the conflict in Syria began, the United States
has provided more than $5,900,000,000 to meet humanitarian
needs in Syria, making the United States the world's single
largest donor by far to the Syrian humanitarian response.
(4) In response to growing concerns over systemic human
rights violations in Syria, the Independent International
Commission of Inquiry on the Syrian Arab Republic (referred to
in this section as ``COI'') was established on August 22, 2011.
The purpose of COI is to ``investigate all alleged violations
of international human rights law since March 2011 in the
Syrian Arab Republic, to establish the facts and circumstances
that may amount to such violations and of the crimes
perpetrated and, where possible, to identify those responsible
with a view to ensuring that perpetrators of violations,
including those that may constitute crimes against humanity,
are held accountable''.
(5) On December 21, 2016, the United Nations General
Assembly adopted a resolution to establish the International,
Impartial and Independent Mechanism to Assist in the
Investigation and Prosecution of Those Responsible for the Most
Serious Crimes under International Law Committed in the Syrian
Arab Republic since March 2011.
(6) The 2016 United States Commission on International
Religious Freedom Annual Report states that in Syria
``[r]eports have emerged from all groups, including Muslims,
Christians, Ismailis, and others, of gross human rights
violations, including beheading, rape, murder, torture of
civilians and religious figures, and the destruction of mosques
and churches.''.
(7) On February 7, 2017, Amnesty International reported
that between 5,000 and 13,000 people were extrajudicially
executed in the Saydnaya Military Prison between September 2011
and December 2015.
(8) In February 2017, COI released a report--
(A) stating that a joint United Nations-Syrian Arab
Red Crescent convoy in Orum al-Kubra, Syria, was
attacked by air on September 19, 2016;
(B) explaining that the attack killed at least 14
civilian aid workers, injured at least 15 others, and
destroyed trucks, food, medicine, clothes, and other
supplies; and
(C) concluding that ``the attack was meticulously
planned and ruthlessly carried out by the Syrian air
force to purposefully hinder the delivery of
humanitarian aid and target aid workers, constituting
the war crimes of deliberately attacking humanitarian
relief personnel, denial of humanitarian aid and
targeting civilians.''.
(9) On October 21, 2016, the Organization for the
Prohibition of Chemical Weapons-United Nations Joint
Investigative Mechanism transmitted its fourth report, which
concluded that the Syrian Arab Armed Forces and the Islamic
State in Iraq and Syria (ISIS) have both used chemical weapons
against villages in Syria.
(10) On August 11, 2016, COI released a report stating that
certain offenses, including deliberately attacking hospitals,
executions without due process, and the massive and
systematized nature of deaths in state-controlled detention
facilities in Syria, constitute war crimes and crimes against
humanity.
<DELETED> (11) Physicians for Human Rights reported that,
between March 2011 and the end of July 2016, Syrian government
and allied forces--</DELETED>
<DELETED> (A) had committed 362 attacks on medical
facilities (including through the use of indiscriminate
barrel bombs on at least 74 occasions); and</DELETED>
<DELETED> (B) had killed 768 medical
personnel.</DELETED>
(11) Physicians for Human Rights reported that, between
March 2011 and the end of December 2016, Syrian government and
allied forces--
(A) had committed 412 attacks on medical facilities
(including through the use of indiscriminate barrel
bombs on at least 80 occasions); and
(B) had killed 735 medical personnel.
(12) The Department of State's 2016 Country Reports on
Human Rights Practices--
(A) details President Bashar al-Assad's use of
``indiscriminate and deadly force against civilians,
conducting air and ground-based military assaults on
cities, residential areas, and civilian
infrastructure'';
(B) explains that ``these attacks included
bombardment with improvised explosive devices, commonly
referred to as `barrel bombs' . . .''; and
(C) reports that ``[t]he government [of Syria]
continued the use of torture and rape, including of
children''.
(13) On March 17, 2016, Secretary of State John Kerry
stated: ``In my judgment, Daesh is responsible for genocide
against groups in areas under its control, including Yezidis,
Christians, and Shia Muslims. . . . The United States will
strongly support efforts to collect, document, preserve, and
analyze the evidence of atrocities, and we will do all we can
to see that the perpetrators are held accountable.''.
(14) In February 2016, COI reported that--
(A) ``crimes against humanity continue to be
committed by [Syrian] Government forces and by ISIS'';
(B) the Syrian government has ``committed the
crimes against humanity of extermination, murder, rape
or other forms of sexual violence, torture,
imprisonment, enforce disappearance and other inhuman
acts''; and
(C) ``[a]ccountability for these and other crimes
must form part of any political solution''.
(15) Credible civil society organizations collecting
evidence of war crimes, crimes against humanity, and genocide
in Syria report that at least 12 countries in western Europe
and North America have requested assistance on investigating
such crimes.
SEC. 3. SENSE OF CONGRESS.
Congress--
(1) strongly condemns--
(A) the ongoing violence, use of chemical weapons,
targeting of civilian populations with barrel,
incendiary, and cluster bombs and SCUD missiles, and
systematic gross human rights violations carried out by
the Government of Syria and pro-government forces under
the direction of President Bashar al-Assad; and
(B) all abuses committed by violent extremist
groups and other combatants involved in the civil war
in Syria;
(2) expresses its support for the people of Syria seeking
democratic change;
(3) urges all parties to the conflict--
(A) to immediately halt indiscriminate attacks on
civilians;
(B) to allow for the delivery of humanitarian and
medical assistance; and
(C) to end sieges of civilian populations;
(4) calls on the President to support efforts in Syria, and
on the part of the international community, to ensure
accountability for war crimes, crimes against humanity, and
genocide committed during the conflict; and
(5) supports the request in United Nations Security Council
Resolutions 2139 (2014), 2165 (2014), and 2191 (2014) for the
Secretary-General to regularly report to the Security Council
on implementation on the resolutions, including of paragraph 2
of Resolution 2139, which ``demands that all parties
immediately put an end to all forms of violence [and] cease and
desist from all violations of international humanitarian law
and violations and abuses of human rights''.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
<DELETED> (B) the Committee on Foreign Affairs of
the House of Representatives.</DELETED>
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(3) Hybrid tribunal.--The term ``hybrid tribunal'' means a
temporary criminal tribunal that involves a combination of
domestic and international lawyers, judges, and other
professionals to prosecute individuals suspected of committing
war crimes, crimes against humanity, or genocide.
(4) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes--
(A) to redress legacies of atrocities; and
(B) to promote long-term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
SEC. 5. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN SYRIA.
(a) In General.--The Secretary of State shall submit a report on
war crimes, crimes against humanity, and genocide in Syria to the
appropriate congressional committees not later than 90 days after the
date of the enactment of this Act and another such report not later
than 180 days after the Secretary of State determines that the violence
in Syria has ceased.
(b) Elements.--The reports required under subsection (a) shall
include--
(1) a description of alleged war crimes, crimes against
humanity, and genocide perpetrated during the civil war in
Syria, including--
(A) incidents that may constitute war crimes,
crimes against humanity, or genocide committed by the
regime of President Bashar al-Assad and all forces
fighting on its behalf;
(B) incidents that may constitute war crimes,
crimes against humanity, or genocide committed by
violent extremist groups, anti-government forces, and
any other combatants in the conflict;
(C) any incidents that may violate the principle of
medical neutrality and, if possible, the identification
of the individual or individuals who engaged in or
organized such incidents; and
(D) if possible, a description of the conventional
and unconventional weapons used for such crimes and the
origins of such weapons; and
(2) a description and assessment by the Department of State
Office of Global Criminal Justice, the United States Agency for
International Development, the Department of Justice, and other
appropriate agencies of programs that the United States
Government has undertaken to ensure accountability for war
crimes, crimes against humanity, and genocide perpetrated
against the people of Syria by the regime of President Bashar
al-Assad, violent extremist groups, and other combatants
involved in the conflict, including programs--
(A) to train investigators within and outside of
Syria on how to document, investigate, develop findings
of, and identify and locate alleged perpetrators of war
crimes, crimes against humanity, or genocide,
including--
(i) the number of United States Government
or contract personnel currently designated to
work full-time on these issues; and
(ii) the identification of the authorities
and appropriations being used to support such
training efforts;
(B) to promote and prepare for a transitional
justice process or processes for the perpetrators of
war crimes, crimes against humanity, and genocide in
Syria beginning in March 2011;
(C) to document, collect, preserve, and protect
evidence of war crimes, crimes against humanity, and
genocide in Syria, including support for Syrian,
foreign, and international nongovernmental
organizations, and other entities, including the
International, Impartial and Independent Mechanism to
Assist in the Investigation and Prosecution of Persons
Responsible for the Most Serious Crimes under
International Law Committed in the Syrian Arab Republic
since March 2011 and the Independent International
Commission of Inquiry on the Syrian Arab Republic; and
(D) to assess the influence of accountability
measures on efforts to reach a negotiated settlement to
the Syrian conflict during the reporting period.
(c) Form.--The report required under subsection (a) may be
submitted in unclassified or classified form, but shall include a
publicly available annex.
(d) Protection of Witnesses and Evidence.--The Secretary shall take
due care to ensure that the identification of witnesses and physical
evidence are not publicly disclosed in a manner that might place such
persons at risk of harm or encourage the destruction of evidence by the
Government of Syria, violent extremist groups, anti-government forces,
or any other combatants or participants in the conflict.
SEC. 6. TRANSITIONAL JUSTICE STUDY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State (acting through appropriate officials and
offices, which may include the Office of Global Criminal Justice),
after consultation with the Department of Justice, the United States
Agency for International Development, and other appropriate Federal
agencies, shall--
(1) complete a study of the feasibility and desirability of
potential transitional justice mechanisms for Syria, including
a hybrid tribunal, to address war crimes, crimes against
humanity, and genocide perpetrated in Syria beginning in March
2011; and
(2) submit a detailed report of the results of the study
conducted under paragraph (1), including recommendations on
which transitional justice mechanisms the United States
Government should support, why such mechanisms should be
supported, and what type of support should be offered, to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Foreign Affairs of the House
of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
SEC. 7. TECHNICAL ASSISTANCE AUTHORIZED.
(a) In General.--The Secretary of State (acting through appropriate
officials and offices, which may include the Office of Global Criminal
Justice), after consultation with the Department of Justice and other
appropriate Federal agencies, is authorized to provide appropriate
assistance to support entities that, with respect to war crimes, crimes
against humanity, and genocide perpetrated by the regime of President
Bashar al-Assad, all forces fighting on its behalf, and all non-state
armed groups fighting in the country, including violent extremist
groups in Syria beginning in March 2011--
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide;
(2) collect, document, and protect evidence of crimes and
preserve the chain of custody for such evidence;
(3) conduct criminal investigations;
(4) build Syria's investigative and judicial capacities and
support prosecutions in the domestic courts of Syria, provided
that President Bashar al-Assad is no longer in power;
(5) support investigations by third-party states, as
appropriate; or
(6) protect witnesses that may be helpful to prosecutions
or other transitional justice mechanisms.
(b) Additional Assistance.--The Secretary of State, after
consultation with appropriate Federal agencies and the appropriate
congressional committees, and taking into account the findings of the
transitional justice study required under section 6, is authorized to
provide assistance to support the creation and operation of
transitional justice mechanisms, including a potential hybrid tribunal,
to prosecute individuals suspected of committing war crimes, crimes
against humanity, or genocide in Syria beginning in March 2011.
(c) Briefing.--The Secretary of State shall provide detailed,
biannual briefings to the appropriate congressional committees
describing the assistance provided to entities described in subsection
(a).
SEC. 8. STATE DEPARTMENT REWARDS FOR JUSTICE PROGRAM.
Section 36(b)(10) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708(b)(10)) is amended by inserting ``(including war
crimes, crimes against humanity, or genocide committed in Syria
beginning in March 2011)'' after ``genocide''.
SEC. 9. INDEPENDENT INTERNATIONAL COMMISSION OF INQUIRY ON THE SYRIAN
ARAB REPUBLIC.
The Secretary of State, acting through the United States Permanent
Representative to the United Nations, should use the voice, vote, and
influence of the United States at the United Nations to advocate that
the United Nations Human Rights Council, while the United States
remains a member, annually extend the mandate of the Independent
International Commission of Inquiry on the Syrian Arab Republic until
the Commission has completed its investigation of all alleged
violations of international human rights laws beginning in March 2011
in the Syrian Arab Republic.
Calendar No. 134
115th CONGRESS
1st Session
S. 905
_______________________________________________________________________
A BILL
To require a report on, and to authorize technical assistance for,
accountability for war crimes, crimes against humanity, and genocide in
Syria, and for other purposes.
_______________________________________________________________________
June 12, 2017
Reported with amendments