[Congressional Record Volume 163, Number 53 (Monday, March 27, 2017)]
[Senate]
[Pages S2000-S2002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 100--CONDEMNING ILLEGAL RUSSIAN AGGRESSION IN UKRAINE
ON THE THREE YEAR ANNIVERSARY OF THE ANNEXATION OF CRIMEA
Mr. BROWN (for himself, Mr. Portman, Mr. Durbin, Mr. McCain, Mrs.
Shaheen, Mr. Rubio, Mr. Coons, Mr. Gardner, Ms. Klobuchar, Mr. Cornyn,
Mr. Peters, Mr. Toomey, Mr. Blumenthal, Mr. Casey, Mrs. Feinstein, and
Mr. Johnson) submitted the following resolution; which was referred to
the Committee on Foreign Relations:
S. Res. 100
Whereas the illegal Russian military occupation of the
Crimea region of Ukraine is an affront to international
norms, an unprovoked aggression, and a threat to regional
stability;
Whereas Russian President Vladimir V. Putin has a history
of regional aggression, including the Russian invasion of the
South Ossetia and Abkhazia regions of the Georgia in 2008 and
intervention in favor of the breakaway region of Transnistria
in Moldova in 1991-1992;
Whereas Article II 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'';
Whereas, in 1994, the United States, the Russian
Federation, the United Kingdom, and Ukraine signed the
Budapest Memorandum, in which all parties pledged to respect
and uphold Ukraine's sovereignty and territorial integrity in
exchange for Ukraine voluntarily giving up the world's third-
largest nuclear arsenal, which it inherited following the
collapse of the Soviet Union;
Whereas a failure of the United States to uphold the terms
of the Budapest Memorandum would have significant
consequences for the credibility of United States guarantees
related to nuclear nonproliferation and undermine America's
commitment to the principle of the inviolability of national
borders;
Whereas an association agreement between Ukraine and the
European Union was signed in 2014, a move which will
strengthen ties with Europe and which President Poroshenko
described as Ukraine's ``most important day'' since it
secured its independence in 1991;
Whereas, on February 28, 2014, Russian forces in unmarked
uniforms occupied strategic civil and military infrastructure
in Crimea and provided support to pro-Russian militias and
activists as part of a coordinated strategy to seize control
of Crimea and create the illusion of an organic, local
rebellion against oppressive Ukrainian authorities;
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Whereas, on March 18, 2014, following a fraudulent public
referendum that was boycotted by most Crimean Tatars and
Ukrainians and conducted under the shadow of Russian military
forces, President Putin signed a treaty annexing Ukraine's
Crimea region, which was immediately met with condemnation by
the United States and the international community;
Whereas, on July 17, 2014, Malaysia Airlines flight MH17
was shot down near the village of Grabove over rebel-held
territory, killing the nearly 300 people onboard, an attack
for which the Dutch Safety Board concluded that the Russian-
backed separatists were responsible;
Whereas the Government of Ukraine and Russian-backed rebels
agreed to a now-failed cease-fire (``Minsk I'') on September
5, 2014, which called for the withdrawal of ``illegal armed
groups as well as militants and mercenaries from the
territory of Ukraine'';
Whereas a Memorandum was signed by parties to Minsk I on
September 19, 2014, outlining their understanding of and
obligations to the agreement;
Whereas the fragile cease-fire established by the Minsk I
agreement deteriorated following heavy fighting in the
Donetsk region, which included operations by Russian-led
separatists and regular Russian forces;
Whereas the Minsk II Agreement signed on February 12, 2015,
by the Russian Federation, Ukraine, Germany, and France,
included the withdrawal of all foreign armed groups, weapons,
and mercenaries;
Whereas, on February 25, 2015, General Philip Breedlove,
NATO Supreme Allied Commander, said that the state of affairs
in Ukraine is ``getting worse every day'' and the Russian
Federation has no intention of retreating from Ukraine until
its ``objectives are accomplished'';
Whereas Russian-backed separatists continue to shell parts
of Ukraine and separatists have executed Ukrainian
servicemembers, both in direct violation of the negotiated
cease-fire;
Whereas aggression by Russian-led separatist forces in
Avdiivka in early February 2017 sparked the worst fighting
since 2015 and resulted in significant damage to civilian
infrastructure and the displacement of thousands of
civilians;
Whereas, despite President Poroshenko's statement that
Crimea is still Ukraine, and in the face of Resolution 68/262
adopted by the United Nations General Assembly on March 27,
2014, which reiterated the sovereignty and territorial
integrity of Ukraine and stated that the referendum held on
March 16, 2014, had ``no validity [and] cannot form the basis
for any alteration of the status of the Autonomous Republic
of Crimea or of the city of Sevastopol,'' the Government of
the Russian Federation continues to refer to Crimea as a
``region of the Russian Federation,'' declaring that ``of
course the subject of our region is not up for discussion'';
Whereas the United Nations General Assembly adopted
Resolution 71/205, which condemned the ``abuses, measures and
practices of discrimination against the residents of the
temporarily occupied Crimea, including Crimean Tatars, as
well as Ukrainians and persons belonging to other ethnic and
religious groups, by the Russian occupation authorities'';
Whereas, during a hearing held by the Committee on Foreign
Relations of the Senate on March 10, 2015, former United
States Ambassador to Ukraine John E. Herbst cautioned that
President Putin is attempting to ``overturn the post-Cold War
order established in Europe and Eurasia'';
Whereas the Government of the Russian Federation has
previously cut off natural gas to Ukraine as a bargaining
chip;
Whereas the Government of the Russian Federation has gone
to great lengths to hide evidence of its military support,
including deploying mobile crematoriums to dispose of the
bodies of servicemembers and classifying the deaths of its
servicemembers during peacetime a state secret;
Whereas the Government of the Russian Federation is
directly arming, training, supplying, and commanding
separatist forces in eastern Ukraine, and Russian military
personnel maintain a regular presence inside the territory of
Ukraine;
Whereas Russia vetoed United Nations Security Council
Resolution 2015/562, which would have established an
international tribunal to prosecute those responsible for the
downing of Malaysia Airlines flight MH17;
Whereas OSCE vehicles have been attacked in an attempt to
intimidate Special Monitoring Mission (SSM) personnel, with
the deputy head of mission Alexander Hug noting the attacks
seemed to be ``aimed at stopping the OSCE from reporting what
is going on [in Donetsk]'';
Whereas Ukraine's National Security Council outlined a new
military doctrine in September 2015 that declared Ukraine's
intention to achieve the criteria for joining NATO;
Whereas Ukrainian leaders, including President Petro
Poroshenko, have stated the Government of Ukraine's desire to
pursue closer cooperation with NATO with the goal of
potentially joining NATO in the future, with Rada Speaker
Andriy Parubiy stating in June 2016 that he is ``convinced
that for Ukraine, at the time of Russian aggression, NATO
membership is the strategic direction of our development'';
Whereas the United Nations has reported that, since the
beginning of the conflict, almost 10,000 people have been
killed, including more than 2,000 civilians;
Whereas the United Nations International Children's
Emergency Fund (UNICEF) reports that nearly 600,000 children
living in eastern Ukraine have been deeply affected by the
conflict and that 1,000,000 children in Ukraine are in
``urgent need'' of humanitarian assistance, and the European
Union reports that a total of 3,800,000 people are in need of
humanitarian assistance;
Whereas the United Nations Working Group on Mercenaries in
March 2016 raised ``deep concern'' about the conflict in
Ukraine and called on Ukraine to ``ensure accountability for
human rights violations committed by foreign armed actors'';
Whereas the United Nations High Commissioner for Human
Rights reports several instances of pro-unity supporters and
Crimean Tatar activists being abducted or ``found dead in
circumstances resembling a summary execution'' alleged to be
committed by ``the de facto authorities of Crimea, or with
their authorization, support or acquiescence'';
Whereas journalists have come under attack or arrest for
speaking out against Russian aggression, such as Pavel G.
Sheremet, who was killed by a car bomb in July 2016, and
Mykola Semena, a reporter for Radio Free Europe/Radio Liberty
arrested in Crimea and currently on trial for writing that
Crimea was part of Ukraine;
Whereas NATO pledged, during the July 2016 NATO summit in
Warsaw, to provide additional training and technical support
to the Ukrainian military and re-endorsed a Comprehensive
Assistance Package that will ensure the Government of Ukraine
receives further advisory support, enhanced defense
capabilities, and military training;
Whereas the United States Government has committed over
$600,000,000 in security assistance to Ukraine since 2014;
Whereas Congress has authorized the provision of defensive
lethal assistance to Ukraine in the Ukraine Freedom Support
Act (Public Law 113-272), the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), and the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328);
Whereas, in 2014, President Barack Obama issued Executive
Orders 13660, 13661, 13662, and 13685, which imposed
sanctions blocking property of certain persons and
prohibiting transactions with respect to the Crimea Region of
Ukraine as a result of Russia's illegal annexation and
military aggression in Ukraine;
Whereas NATO Secretary General Jens Stoltenberg stated on
November 21, 2016, that NATO ``will never recognize the
illegal annexation of Crimea, and [NATO] continue[s]
supporting the territorial integrity and sovereignty of
Ukraine'';
Whereas, on February 3, 2017, United States Ambassador to
the United Nations Nikki Haley stated, ``Crimea is a part of
Ukraine. Our Crimea-related sanctions will remain in place
until Russia returns control over the peninsula to
Ukraine.'';
Whereas, on February 16, 2017, Secretary of State Rex
Tillerson stated, ``As we search for new common ground we
expect Russia to honor its commitment to the Minsk agreements
and work to de-escalate violence in Ukraine.'';
Whereas, on March 13, 2017, the European Union extended
sanctions against Russian individuals and entities imposed
because of the annexation of Crimea by the Russian
Federation;
Whereas United Nations Secretary-General Antonio Guterres
on February 21, 2017, stated that the United Nations
``remains committed to supporting the peaceful resolution of
the conflict in a manner that fully upholds the sovereignty,
territorial integrity, and independence of Ukraine'';
Whereas President Putin has made alarming claims about his
views on Russian territoriality, stating that Russia's border
``doesn't end anywhere,'' and has since announced that he
``[does not] regret anything'' about annexing Crimea; and
Whereas Ukraine celebrated its 25th year of independence on
August 24, 2016: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the Government of the Russian Federation's
illegal, unprovoked military occupation of the Crimea region
of Ukraine and continued aggression in eastern Ukraine, and
reiterates that it is the policy of the United States not to
recognize the de jure or de facto sovereignty of the Russian
Federation over Crimea or any other seized area in Ukraine,
its airspace, or its territorial waters;
(2) supports the vigorous enforcement of sanctions and
opposes the lifting of sanctions as long as Russia continues
its military aggression in Ukraine in violation of the Minsk
II Agreement;
(3) calls on the Government of the Russian Federation to
immediately end its support for the separatists in eastern
Ukraine, allow Ukraine to regain control of its
internationally recognized borders, and withdraw its military
presence in eastern Ukraine, including Crimea;
(4) declares that the United States Government must never
recognize the illegal annexation of Crimea by the Russian
Federation;
(5) urges the President of the United States, in
coordination with United States allies, to stand by Ukraine,
condemn continued Russian aggression, and use all possible
tools to combat Russian belligerence, including increased
economic sanctions, defensive
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lethal assistance, and democracy and humanitarian assistance,
as authorized by the Ukraine Freedom Support Act, the Fiscal
Year 2016 National Defense Authorization Act, and the Fiscal
Year 2017 National Defense Authorization Act;
(6) urges the President of the United States to continue
United States support for the Ukrainian economy and civil
society, including continued support by international
financial institutions, such as the International Monetary
Fund;
(7) condemns efforts by the Government of the Russian
Federation to intimidate and coerce nations in Eastern Europe
from strengthening their ties with NATO and the European
Union;
(8) supports efforts by the United States Government and
United States allies to strengthen the energy sector in
Ukraine in order to reduce Ukraine's dependence on natural
gas imported from the Russian Federation;
(9) acknowledges the Government of Ukraine for its
commitment to reform and encourages it to continue
implementation of key reforms, including judicial reform,
greater parliamentary oversight, further implementation of
anti-corruption initiatives, including prosecutions and
convictions of major figures involved in corruption schemes,
budget and procurement transparency and accountability across
government, civilian control of the military, and improved
end-use monitoring and sustainment plans for United States
security assistance items;
(10) urges the President of the United States not to agree
to any final settlement of the conflict in Ukraine without
the consent of the Government of Ukraine;
(11) pledges continued support for all democratic allies
and partners of the United States facing increased Russian
aggression;
(12) reaffirms the commitment of the United States to the
Budapest Memorandum on security assurances;
(13) reiterates the obligation of all nations under the
United Nations Charter to respect the territorial integrity
and sovereignty of other nations;
(14) encourages United States allies in Europe to continue
their coordinated efforts to counter Russian aggression in
the region, including economic sanctions, increased defense
spending, and greater action against Russian disinformation
and propaganda in order to make clear that Russian efforts
will not go unchecked;
(15) calls on the Government of the Russian Federation to
provide greater access to the Organization for Security and
Co-operation in Europe's (OSCE) Special Monitoring Mission
(SMM) in order to ensure credible international monitoring of
compliance with the Minsk agreement; and
(16) calls on the Government of the Russian Federation to
engage seriously in dialogue with the Government of Ukraine--
in coordination with key international partners--in order to
come to an agreement that respects Ukraine's sovereignty,
ensures regional stability, and puts both nations on the path
towards a permanent ceasefire.
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