[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1435 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. RES. 1435
Calling on the President to support the creation of a Special Tribunal
for the Punishment of the Crime of Aggression against Ukraine.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 14, 2022
Mr. Keating (for himself, Mr. Wilson of South Carolina, Ms. Kaptur, Mr.
Quigley, Mr. McGovern, Ms. Jackson Lee, Ms. Titus, Ms. Jacobs of
California, Mrs. Spartz, Mr. Cartwright, Mr. Ryan of Ohio, Mr. Costa,
Ms. Spanberger, Ms. Dean, Ms. Norton, and Mr. Schiff) submitted the
following resolution; which was referred to the Committee on Foreign
Affairs
_______________________________________________________________________
RESOLUTION
Calling on the President to support the creation of a Special Tribunal
for the Punishment of the Crime of Aggression against Ukraine.
Whereas on February 24, 2022, the Russian Federation initiated the full scale
invasion of Ukraine;
Whereas the Russian Federation's full-scale invasion of Ukraine has resulted in
enormous destruction of civilian infrastructure in Ukraine, the
displacement of millions of Ukrainians both inside Ukraine and abroad,
mass disruption of global food supplies resulting in increased food
insecurity for the world's most vulnerable populations as well as the
death of thousands of Ukrainians civilians and military personnel;
Whereas Article 1(1) the Charter of the United Nations states that it is the
purpose of the United Nations to ``maintain international peace and
security, and to that end: to take effective collective measures for the
prevention and removal of threats to the peace, and for the suppression
of acts of aggression or other breaches of the peace, and to bring about
by peaceful means, and in conformity with the principles of justice and
international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace'';
Whereas Article 2(4) of the Charter of the United Nations states that ``All
Members shall refrain in their international relations from the threat
or use of force against the territorial integrity or political
independence of any State, or in any other manner inconsistent with the
Purposes of the United Nations'';
Whereas United Nations General Assembly Resolution 3314 defines aggression as
``the use of armed force by a State against the sovereignty, territorial
integrity or political independence of another State, or in any other
manner inconsistent with the Charter of the United Nations, as set out
in this Definition'';
Whereas General Assembly Resolution 3314 defines the following acts, regardless
of a declaration of war, as qualifying as an act of aggression:
(1) The invasion or attack by the Armed Forces of a State of the
territory of another State, or any military occupation, however temporary,
resulting from such invasion or attack, or any annexation by the use of
force of the territory of another State or part thereof;
(2) Bombardment by the Armed Forces of a State against the territory of
another State or the use of any weapons by a State against the territory of
another State;
(3) The blockade of the ports or coasts of a State by the Armed Forces
of another State;
(4) An attack by the Armed Forces of a State on the land, sea or air
forces, or marine and air fleets of another State;
(5) The use of Armed Forces of one State which are within the territory
of another State with the agreement of the receiving State, in
contravention of the conditions provided for in the agreement or any
extension of their presence in such territory beyond the termination of the
agreement;
(6) The action of a State in allowing its territory, which it has
placed at the disposal of another State, to be used by that other State for
perpetrating an act of aggression against a third State; and
(7) The sending by or on behalf of a State of armed bands, groups,
irregulars or mercenaries, which carry out acts of armed force against
another State of such gravity as to amount to the acts listed above, or its
substantial involvement therein; and
Whereas the Russian Federation's unprecedented full-scale invasion of Ukraine
has reached a critical point requiring immediate and decisive action by
the international community: Now, therefore, be it
Resolved, That the House of Representatives--
(1) condemns in the strongest terms the Russian
Federation's full-scale invasion of Ukraine;
(2) supports the people of Ukraine in their fight for
freedom, independence and democracy;
(3) underscores Ukraine's sovereignty and territorial
integrity within its internationally recognized borders;
(4) finds that there is significant evidence to suggest
that individual leaders of the Russian Federation are culpable
of committing the crime of aggression against Ukraine and this
requires proper adjudication by the international community;
(5) recognizes the need for the creation of a Special
Tribunal on the Crime of Aggression against Ukraine;
(6) identifies an agreement between Ukraine and the United
Nations following a favorable United Nations General Assembly
vote as one option towards the creation of such an
international tribunal; and
(7) urges the President to take all available measures to
support the creation of a Special Tribunal for Crime of
Aggression against Ukraine.
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