[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1038 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
H. RES. 1038

  Expressing the sense of the House of Representatives condemning the 
 Russian Federation, President Vladimir Putin, members of the Russian 
   Security Council, the Russian Armed Forces, and Russian military 
  commanders for committing atrocities, including alleged war crimes, 
               against the people of Ukraine and others.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2022

  Mrs. Spartz (for herself, Mrs. Bice of Oklahoma, Mr. Moolenaar, Mr. 
   Fitzpatrick, Mr. Hudson, Mr. Johnson of Ohio, Mr. Dunn, Mr. Diaz-
Balart, and Mr. Webster of Florida) submitted the following resolution; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives condemning the 
 Russian Federation, President Vladimir Putin, members of the Russian 
   Security Council, the Russian Armed Forces, and Russian military 
  commanders for committing atrocities, including alleged war crimes, 
               against the people of Ukraine and others.

Whereas the United States of America is a beacon for the values of freedom, 
        democracy, and human rights across the globe;
Whereas there are several universal declarations and treaties promoting human 
        rights, laws of war, and upholding the dignity of individuals;
Whereas the United Nations Charter Preamble states that member nations 
        ``reaffirm faith in fundamental human rights [and] in the dignity and 
        worth of the human person'';
Whereas the Universal Declaration of Human Rights Preamble states that ``Member 
        States have pledged themselves to achieve, in cooperation with the 
        United Nations, the promotion of universal respect for and observance of 
        human rights and fundamental freedoms'';
Whereas the Russian Federation joined as an original member of the United 
        Nations as the former Union of Soviet Socialists Republics on October 
        24, 1945, and as such has a duty to abide by the conditions of the 
        United Nations Charter and pledges reflected in the Universal 
        Declaration of Human Rights;
Whereas the International Criminal Court (ICC) is an international tribunal that 
        seeks to uphold the rule of law, especially in areas where no rule of 
        law exists, by investigating and trying individuals charged ``with the 
        gravest crimes of concern to the international community: genocide, war 
        crimes, crimes against humanity and the crime of aggression'';
Whereas grave breaches of the 1949 Geneva Conventions constitute war crimes, 
        including ``wil[l]ful killing, torture or inhuman treatment, including 
        biological experiments, wil[l]fully causing great suffering or serious 
        injury to body or health . . . and extensive destruction and 
        appropriation of property, not justified by military necessity and 
        carried out unlawfully and wantonly'';
Whereas other serious violations of the laws and customs applicable in 
        international armed conflict can constitute war crimes, which can 
        include intentionally directing attacks against the civilian population 
        as such or against individual civilians not taking direct part in 
        hostilities and intentionally directing attacks against civilian 
        objects, that is, objects which are not military objectives;
Whereas President Vladimir Putin, members of the Russian Security Council, and 
        President Putin's military commanders have severely undermined the 
        international rule of law through their various actions;
Whereas, prior to the most recent invasion of Ukraine in February 2022, 
        President Vladimir Putin and the Russian Federation has a long history 
        of committing acts of aggression, human rights violations, and acts that 
        constitute war crimes within the Russian Federation and around the 
        globe, including in Chechnya, Georgia, Ukraine, and Syria;
Whereas, beginning in 1999, the Russian Federation engaged in the indiscriminate 
        use of force against the people of Chechnya, including the use of 
        cluster munitions against civilians, resulting in 50,000 Chechens, 
        mostly civilians, dead or missing;
Whereas, during the Russian Federation's invasion of Georgia in 2008, Russian 
        Armed Forces engaged with cluster munitions in indiscriminate and 
        disproportionate attacks that resulted in the death of civilians;
Whereas, since 2014, President Vladimir Putin has violated the sovereignty of 
        Ukraine and used military force to seize control and unlawfully occupy 
        Crimea, and installed Russian separatist-backed forces in eastern 
        Ukraine, resulting in the deaths of thousands of innocent civilians 
        since 2014;
Whereas the Russian military was deemed responsible for shooting down Malaysia 
        Airlines Flight 17 over eastern Ukraine on July 17, 2014, which resulted 
        in the death of 298 civilians;
Whereas rebel forces supported by the Russian Federation were deemed responsible 
        for a missile attack on January 24, 2015, in Mariupol, Ukraine that 
        indiscriminately killed and injured civilians, resulting in the death of 
        at least 30 and injuring many more;
Whereas, in 2016 and 2017, Russian aircraft deployed ``bunker-busting'' and 
        incendiary bombs capable of destroying military installations on 
        civilian structures in Aleppo, Syria, resulting in the death of hundreds 
        of civilians;
Whereas President Vladimir Putin is complicit in war crimes and human rights 
        violations in Syria through his continuing political, financial, and 
        military support for President Bashar al-Assad;
Whereas intelligence assessments have concluded Vladimir Putin and his regime 
        have destroyed the rule of law in Russia and engaged in countless 
        atrocities, including ordering the poisoning of Alexei Navalny, the 
        poisoning of Sergei and Yulia Skripal, and the false imprisonment and 
        torture ultimately leading to the death of Sergei Magnitsky;
Whereas President Vladimir Putin, in February 2022, initiated a premeditated, 
        unprovoked, unjustified, and unlawful war against the sovereign nation 
        of Ukraine;
Whereas, since February 24, 2022, President Vladimir Putin and Russian 
        Federation forces reportedly killed more than 500 civilians, to include 
        children, while invading Ukrainian urban centers, causing chaos and fear 
        among Ukrainian citizens;
Whereas, on February 28, 2022, the Ukrainian Ambassador to the United States, 
        Oksana Markarova, claimed President Vladimir Putin ordered the 
        deployment of thermobaric weapons and cluster munitions to be used in 
        the northeastern towns of Okhtyrka and Karkhiv, in populated, urban 
        areas;
Whereas Ukraine has twice submitted to the jurisdiction of the ICC for the 
        purposes of investigating alleged war crimes and crimes against humanity 
        committed within its territory related to the Russian occupation of 
        Ukraine;
Whereas Lithuania and Canada, members to the authorizing treaty of the ICC, have 
        called on the ICC to open an investigation into alleged war crimes and 
        crimes against humanity committed by Russia;
Whereas, on February 28, 2022, the Prosecutor of the ICC, Karim A.A. Khan QC 
        stated that the ICC would open a third investigation against Russia for 
        alleged war crimes and crimes against humanity committed during the 
        Russian invasion into Ukraine, which began on February 24, 2022;
Whereas Ukraine has also filed a claim in the International Court of Justice 
        (ICJ) instituting proceedings against the Russian Federation related to 
        genocide under the Genocide Convention; and
Whereas the United States Government should use its voice, vote, and influence 
        to pursue war crimes and crimes against humanity allegations against 
        Vladimir Putin and his military commanders in international institutions 
        of which it is a member and encourage other allies and partners to 
        express the same: Now, therefore, be it
    Resolved,

SECTION 1. SENSE OF THE HOUSE OF REPRESENTATIVES.

    The House of Representatives--
            (1) strongly condemns the ongoing violence, including war 
        crimes, crimes against humanity, and systematic human rights 
        abuses being carried out by the Russian Armed Forces and their 
        proxies and President Putin's military commanders, at the 
        direction of President Vladimir Putin;
            (2) encourages member states to petition the ICC or other 
        appropriate international tribunal to take any appropriate 
        steps to investigate war crimes and crimes against humanity 
        committed by the Russian Armed Forces and their proxies and 
        President Putin's military commanders, at the direction of 
        President Vladimir Putin;
            (3) supports any investigation into war crimes, crimes 
        against humanity, and systematic human rights abuses levied by 
        President Vladimir Putin, the Russian Security Council, the 
        Russian Armed Forces and their proxies, and President Putin's 
        military commanders;
            (4) encourages the United States Government and partner 
        nations to use their voice, vote, and influence in 
        international institutions in which they are members to hold 
        President Vladimir Putin, the Russian Security Council, the 
        Russian Armed Forces and their proxies, and President Putin's 
        military commanders accountable for their sponsorship of 
        ongoing violence, including war crimes, crimes against 
        humanity, and systematic human rights abuses; and
            (5) stands with the people of Ukraine who have been 
        affected by the brutality of the Putin regime.

SEC. 2. RULE OF CONSTRUCTION.

    Nothing in this resolution may be construed as--
            (1) a declaration of war or an authorization for the use of 
        military force against the Russian Federation; or
            (2) authorization for the introduction of the United States 
        Armed Forces into Ukraine.
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