[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 722 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. RES. 722
Addressing the politicization of war crimes allegations against allied
special operations forces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2026
Ms. Ernst (for herself and Mr. Sheehy) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Addressing the politicization of war crimes allegations against allied
special operations forces.
Whereas the United States is bound by longstanding military alliances and
partnerships with nations, including the United Kingdom, Australia,
Canada, New Zealand, and other coalition allies, which have stood
alongside United States forces in conflicts and international missions
over decades, demonstrating shared sacrifice and commitment;
Whereas servicemembers from these allied nations have fought and bled beside
United States troops in coalition operations, including collective
security and counter terrorism missions in Afghanistan, Iraq, and other
conflict zones, and have borne significant sacrifices, as evidenced by
the 457 United Kingdom personnel and 41 Australian personnel who lost
their lives during the Afghanistan war, among many others from allied
countries;
Whereas the special operations forces of these partner nations (such as the
United Kingdom's Special Air Service and Australia's Special Air Service
Regiment and Commandos) have played an integral role in achieving
coalition objectives, demonstrating exceptional courage, skill, and
dedication in joint operations to advance global security and stability;
Whereas, in recent years, unjust allegations of war crimes have been raised
against members of the special operations forces of certain allied
countries, including Australia and the United Kingdom, based on actions
during the Afghanistan conflict and other deployments, leading to
heavily politicized official inquiries, leading to unwarranted
investigations influenced by domestic politics;
Whereas retrospective and politically motivated accusations of war crimes,
particularly those surfacing years after the events, without substantial
evidence, risk undermining morale and trust by creating a perception
that honorable service is being second-guessed for political gain, and
such politicization of justice could erode the vital interoperability
and cohesion among United States and allied forces;
Whereas the strain that politicized allegations can place on alliances and
cooperation is exemplified by the United States warning in 2021 that
these politically influenced ``findings'' of war crimes by Australian
special forces in Afghanistan might trigger legal restrictions (under
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and
section 362 of title 10, United States Code (commonly known as the
``Leahy Laws'')) on United States forces partnering with certain
Australian units, thereby imperiling the hard-earned trust and
integration between our militaries;
Whereas the United States and its allies share an interest in upholding the rule
of law and ensuring that any alleged war crimes are investigated
impartially and thoroughly, with due process and respect for justice,
but also in ensuring that these processes remain free of political
interference or attempts to score partisan or ideological points at the
expense of servicemembers' reputations;
Whereas the United States, the United Kingdom, and allied nations conducted
military operations in reliance on the Law of Armed Conflict as
recognized in their official doctrine and treaty obligations;
Whereas retroactively applying novel or evolving interpretations of humanitarian
law to past operations undermines the bedrock principle of legal
certainty, invites politicized and selective prosecutions, punishes
good-faith compliance efforts, erodes interoperability and trust among
allies, inhibits timely decision making in combat, weakens deterrence,
and emboldens adversaries who would weaponize legal ambiguity by
signaling that service members and commanders cannot rely on the rules
in force at the time; and
Whereas the integrity and strength of United States alliances are critical to
United States national security, and preserving mutual respect and
confidence is essential so that future coalition operations are not
hampered by fear that members of the United States Armed Forces could be
subject to unfair or politicized legal actions long after their missions
end: Now, therefore, be it
Resolved, That it is the sense of Congress that--
(1) the United States profoundly appreciates and
acknowledges the longstanding alliances with countries such as
the United Kingdom, Australia, and other partner nations, and
honors the service and sacrifices of their Armed Forces who
have fought alongside United States troops in Afghanistan,
Iraq, and other missions, and these sacrifices are exemplified
by the lives lost and injuries suffered by allied
servicemembers in these conflicts;
(2) allied forces participated in these collective security
and counterterrorism operations at the behest of and in support
of mutual defense agreements and United States-led missions,
and their contributions were integral to the success of those
missions, reflecting a shared commitment to global security;
(3) Congress expresses concern that retrospective,
politically motivated accusations of war crimes against the
special operations forces of United States allies, particularly
when raised or revisited long after the fact, risk undermining
the mutual trust, interoperability, and morale that underpin
the United States-allied military relationships, and such
accusations, if driven by political pressures rather than
purely by facts and evidence, are viewed as detrimental to
alliance unity and the confidence of our servicemembers;
(4) the executive branch, including the Department of
Defense and the Department of State, is urged to work
proactively with the governments of allied nations, such as
Australia, the United Kingdom, and others, to ensure that any
investigations or legal processes regarding alleged war crimes
by their servicemembers are conducted without politicization,
thereby bolstering confidence in the outcomes and reinforcing
our mutual trust; and
(5) honoring the sacrifices of allied servicemembers and
preserving the strength and cohesion of our alliances is in the
national interest of the United States, and while the rule of
law must always be respected, the politicization of war crimes
allegations for short-term political purposes is strongly
discouraged as it runs counter to our shared values and
threatens to weaken the crucial alliances that safeguard
international peace and security.
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