[Congressional Record Volume 163, Number 151 (Tuesday, September 19, 2017)]
[Senate]
[Page S5854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTERNATIONAL EFFORTS TO APPREHEND AND PROSECUTE WAR CRIMINALS

  Mr. LEAHY Mr. President, I want to speak very briefly about an 
amendment that was adopted unanimously by the Appropriations Committee 
2 weeeks ago, during markup of the fiscal year 2018 Department of State 
and Foreign Operations appropriations bill.
  The amendment, which I offered, was identical to one that was adopted 
by the committee last year and the year before that.
  It would permit the United States to provide technical assistance, 
training, assistance for victims, protection of witnesses, and law 
enforcement support related to investigations, apprehensions, and 
prosecutions of the world's most notorious war criminals.
  It is important to note what my amendment does not do. For example, 
while I support the International Criminal Court which has proven to be 
a nonpolitical, adjudicative body comprised of reputable, experienced 
jurists who have carried out their responsibilities impartially and 
professionally, my amendment does not authorize a regular cash 
contribution to the International Criminal Court.
  Also, my amendment exempts American servicemembers, members of NATO, 
and major non-NATO allies, such as Israel.
  As the committee report indicates, the amendment is focused on the 
worst of the worst: Joseph Kony, the head of the Lord's Resistance 
Army, Sudan's President Bashir; Syria's President Assad; and other 
high-profile criminals.
  The United States has some of the world's most experienced criminal 
investigators and prosecutors We have unique capabilities. Even though 
we do not contribute funds to the ICC--and my amendment does not change 
that--we have strongly supported the court's efforts in the past--For 
example, when it prosecuted Serbian President Milosevic and when it 
tried and convicted Charles Taylor, the war criminal in Sierra Leone--
and we will support the ICC if Joseph Kony and others like him are 
apprehended.
  I think we all agree that we should do what we can to help bring the 
world's worst war criminals to justice. My amendment would do that, and 
I hope other Senators will lend their voices in support of its 
inclusion in the final conference agreement.
  I ask unanimous consent that a copy of my amendment be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                          War Crimes Tribunals

       Sec. 7047.
       (b) None of the funds appropriated by this Act may be made 
     available for a United States contribution to the 
     International Criminal Court: Provided, That notwithstanding 
     section 705(b) of the Admiral James W. Nance and Meg Donovan 
     Foreign Relations Authorization Act, Fiscal years 2000 and 
     2001 (division A of Public Law 106-113) and consistent with 
     section 2015 of the American Service-Members Protection Act, 
     2002, as amended, funds may be made available for technical 
     assistance, training, assistance for victims, protection of 
     witnesses, and law enforcement support related to 
     international investigations, apprehensions, prosecutions, 
     and adjudications of genocide, crimes against humanity, and 
     war crimes. Provided further, That the previous proviso shall 
     not apply to American service members and other United States 
     citizens or nationals, or to nationals of the North Atlantic 
     Treaty Organization (NATO) or major non-NATO allies initially 
     designated pursuant to section 517(b) of the Foreign 
     Assistance Act of 1961.

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