[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[Senate]
[Pages S3924-S3925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 256. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1519, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

         Subtitle--Syrian War Crimes Accountability Act of 2017

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Syrian War Crimes 
     Accountability Act of 2017''.

     SEC. 12_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.
       (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. 12_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. 12_4. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;

[[Page S3925]]

       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Appropriations 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. 12_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. 12_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. 12_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 12_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. 12_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. 12_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.

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