[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4521-S4523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 507. Mr. CARDIN (for himself and Mr. Rubio) submitted an amendment
intended to be proposed by him to the bill H.R. 2810, 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''.
[[Page S4522]]
(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;
(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
[[Page S4523]]
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.
______