[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[Senate]
[Pages 5201-5203]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE RESOLUTION 428--CONDEMNING THE GOVERNMENT OF SYRIA FOR CRIMES 
                AGAINST HUMANITY, AND FOR OTHER PURPOSES

  Mr. BLUMENTHAL (for himself, Mr. Graham, Ms. Klobuchar, Mr. Kirk, Ms. 
Collins, Mr. Coats, Mr. McCain, and Mr. Cardin) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 428

       Whereas, on December 22, 2010, the Senate passed S. Con. 
     Res. 71 (111th Congress), a bipartisan resolution recognizing 
     that it is in the national interest of the United States to 
     prevent and mitigate acts of genocide and other mass 
     atrocities against civilians;
       Whereas, since the uprisings in Syria began in January 
     2011, the Government of Syria has manifestly failed in its 
     responsibility to protect its people;
       Whereas, on August 4, 2011, President Barack Obama issued 
     Presidential Study Directive/PSD-10, stating, ``Preventing 
     mass atrocities and genocide is a core national security 
     interest and a core moral responsibility of the United 
     States.'';
       Whereas, on November 23, 2011, the United Nations-appointed 
     Independent International Commission of Inquiry on the Syrian 
     Arab Republic expressed grave concern that ``crimes against 
     humanity of murder, torture, rape or other forms of sexual 
     violence of comparable gravity, imprisonment or other severe 
     deprivation of liberty, enforced disappearances of persons 
     and other inhumane acts of a similar character have occurred 
     in different locations in Syria since

[[Page 5202]]

     March 2011'' and that ``the Syrian Arab Republic bears 
     responsibility for these crimes and violations'';
       Whereas, on February 3, 2012, Syria security forces began 
     using indiscriminate sniper fire and shelling of the densely 
     populated neighborhoods of Homs with heavy weaponry;
       Whereas, on February 4, 2012, President Obama stated that 
     President Assad ``has no right to lead Syria and has lost all 
     legitimacy with his people and the international community'';
       Whereas, on February 4, 2012, the United States co-
     sponsored a draft United Nations Security Council resolution 
     condemning ``the continued widespread and gross violations of 
     human rights and fundamental freedoms by the Syrian 
     authorities such as the use of force against civilians, 
     arbitrary executions, killing and persecution of protestors 
     and members of the media, arbitrary detention, enforced 
     disappearances, interference with access to medical 
     treatment, torture, sexual violence, and ill-treatment, 
     including against children'';
       Whereas, on February 17, 2012, the Senate passed S. Res. 
     379 (112th Congress), stating that the ``gross human rights 
     violations perpetuated by the Government of Syria against the 
     people of Syria represent a grave risk to regional peace and 
     stability'';
       Whereas, on February 22, 2012, the Independent 
     International Commission of Inquiry on the Syrian Arab 
     Republic found in a subsequent report that ``[a] reliable 
     body of evidence exists that, consistent with other verified 
     circumstances, provides reasonable grounds to believe that 
     particular individuals, including commanding officers and 
     officials at the highest levels of Government, bear 
     responsibility for crimes against humanity and other gross 
     human rights violations'' and that ``children continue to be 
     arbitrarily arrested and tortured while in detention'';
       Whereas, on February 28, 2012, the United Nations Security 
     Council was informed that over 7500 people in Syria have been 
     killed, an estimated 100 more are killed each day in attacks 
     directed against the civilian population, and there are 
     between 100,000 and 200,000 internally displaced persons in 
     Syria;
       Whereas, on February 28, 2012, Secretary of State Hillary 
     Clinton testified before the Subcommittee on the Department 
     of State, Foreign Operations, and Related Programs of the 
     Committee on Appropriations of the Senate concerning 
     President Assad, stating that ``based on the definitions of 
     war criminal and crimes against humanity, there would be an 
     argument to be made that he would fit into that category'';
       Whereas, on March 1, 2012, Assistant Secretary of State for 
     Near East Affairs Jeffrey Feltman testified before the 
     Committee on Foreign Relations of the Senate that ``large 
     numbers of Syrians are living every day under siege, deprived 
     of basic necessities including food, clean water and medical 
     supplies, and women and children are wounded and dying for 
     lack of treatment'';
       Whereas, on March 8, 2012 Ambassador Susan Rice, the United 
     States Permanent Representative to the United Nations, stated 
     that the United States ``remain[s] determined to hasten the 
     day when the brave people of Syria can shake off the yoke of 
     bondage and tyranny'';
       Whereas, on March 27, 2012, United States Ambassador to 
     Syria Robert Ford, in testimony before the Tom Lantos Human 
     Rights Commission, cited massive human rights violations 
     that, ``may amount to crimes against humanity''; and
       Whereas, with the intent and knowledge of the highest level 
     of the Government of Syria, including commanding officers of 
     the Syria security forces and the President of the Syrian 
     Arab Republic, Bashir Assad, members of the Syria security 
     forces have reportedly committed a widespread and systematic 
     pattern of gross human rights violations, including use of 
     force against civilians, torture, extra judicial killings, 
     arbitrary executions, sexual violence, the execution of 
     defectors, and interference with medical treatment and other 
     humanitarian assistance: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns the Government of Syria, Syria security 
     forces, and the President of the Syrian Arab Republic for 
     widespread and systematic attacks against the civilian 
     population of Syria;
       (2) commends the President for the vote of the United 
     States at the United Nations Security Council to condemn the 
     continued widespread and gross violations of human rights and 
     fundamental freedoms by the authorities in Syria;
       (3) urges the President to use his authority to collect 
     information on incidents in Syria that may constitute crimes 
     against humanity under section 2113 of the ADVANCE Democracy 
     Act of 2007 (title XXI of Public Law 110-53; 22 U.S.C. 8213) 
     and take action to ensure that the Government of Syria, its 
     leaders, and senior officials who are responsible for crimes 
     against humanity are brought to account for such crimes in an 
     appropriately constituted tribunal;
       (4) urges the President to formally establish the 
     Atrocities Prevention Board established by Presidential Study 
     Directive 10 in August 2011, and for the Board to provide 
     recommendations to the President concerning the prevention of 
     mass atrocities in Syria;
       (5) urges the international community, working with the 
     people of Syria to review legal processes available to hold 
     officials of the Government of Syria, Syria security forces, 
     and the President of the Syrian Arab Republic accountable for 
     crimes against humanity and gross violations of human rights; 
     and
       (6) expresses solidarity and support for the people of 
     Syria as they seek to exercise universal rights and pursue 
     peaceful democratic change.

  Mr. BLUMENTHAL. Mr. President, I rise to submit a resolution 
condemning the Government of Syria for crimes against humanity. I am 
pleased to be joined by Senators Graham, Klobuchar, Kirk, Cardin, 
Coats, Collins, and McCain in submitting this resolution.
  I am very proud we have strong bipartisan support and I thank, in 
particular, Senator Graham for his leadership, along with Senator 
McCain, who repeatedly and consistently in this area of human rights 
and liberties have stood for basic American principles of democracy and 
freedom. I had the great opportunity to visit a number of the Middle 
Eastern countries with them, and my strong support for this kind of 
resolution rises from the firsthand views we were able to have of the 
results of freedom fighters in Tunisia, Libya and Egypt and the impact 
on the future of their country and being on the right side of history, 
as the United States was there. Those people showed their gratitude and 
welcomed us to their countries.
  I am grateful to Senators McCain and Graham for giving me that 
opportunity, along with Senators Sessions and Hoeven, who accompanied 
us, for their leadership.
  Syrian crimes against humanity include acts such as murder, torture 
and unlawful punishment and imprisonment when committed as part of a 
widespread or systematic attack on civilian populations.
  Since peaceful protests began last year, the Syrian regime has 
brutalized and savaged its own people, leaving thousands dead as it 
commits horrific crimes against humanity, including the abduction and 
torture of children.
  This resolution tells the Syrian people they are not alone, that the 
American people are with them as they fight for freedom and basic 
democratic rights; the people of the world are watching.
  On November 23, 2011, the U.N.-appointed Independent International 
Commission of Inquiry on the Syrian Arab Republic expressed grave 
concern that ``crimes against humanity of murder, torture, rape or 
other forms of sexual violence . . . imprisonment or other severe 
deprivation of liberty, enforced disappearances of persons and other 
inhumane acts . . . have occurred in different locations in Syria since 
March 2011.''
  The Commission also found that ``the Syrian Arab Republic bears 
responsibility for these crimes and violations.''
  Assistant Secretary of State for Near East Affairs Jeffrey Feltman 
testified before the Committee on Foreign Relations of the Senate that 
``large numbers of Syrians are living every day under siege, deprived 
of basic necessities including food, clean water and medical supplies, 
and women and children are wounded and dying for lack of treatment.''
  General Mattis, commander of the U.S. Central Command, for whom I 
have the strongest and deepest respect, explained before the Senate 
Armed Services Committee ``the Syrian military continues to ruthlessly 
use lethal force with impunity against the Syrian people.''
  In this body, we have not remained silent in the face of this 
humanitarian disaster, approving on February 17, 2012, S. Res. 379, 
condemning violence by the Government of Syria against the Syrian 
people. We have also approved S. Res. 391, which I cosponsored, 
condemning violence by the Government of Syria against journalists and 
expressing the sense of the Senate on freedom of the press in Syria.
  The world should be inspired by the continuing courage and 
determination of Syrian protesters standing and speaking, despite the 
Syrian military gunning down and bombing their homes, businesses, and 
neighborhoods.

[[Page 5203]]

  I know our Nation is at war and rightly wary of intervention abroad. 
But military intervention is not our only option, not the only means to 
summon support or step forward in solidarity with the freedom fighters 
in Syria, nor is military intervention alone sufficient to call forth 
the world's conscience. Even without military action, we need not 
abdicate the democratic rights and principles that underlie and 
underpin our own Nation's constitutional ethos.
  One powerful and profound step this body can take is to bear witness 
to the atrocities occurring in Syria. More than 9,000 people have died 
in Syria since these protests began. As Elie Wiesel has said, ``For the 
dead and the living, we must bear witness.''
  The Syrian thugs who detain and torture children must know the United 
States bears witness to their crimes. We should say to President Assad 
that the world is watching and witnessing as he uses snipers to target 
civilians, indiscriminately shelling homes and businesses, and 
torturing protesters who dare to speak of change.
  This resolution calls on President Obama to bear witness by using his 
existing authority. America can and must bear witness by taking and 
preserving evidence of actions and incidents in Syria that constitute 
crimes against humanity. America must bear witness by asking the 
President's newly created Atrocities Prevention Board to consider 
crimes against humanity occurring in Syria.
  These atrocities epitomize the crimes this prevention board must 
address. I commend President Obama and Secretary of State Clinton for 
their work at the U.N. and with our allies to assist the Syrian people. 
We should make our own findings about what has occurred in Syria 
concerning the crimes against humanity. We cannot avoid this obligation 
simply because the result may present difficult choices.
  As Martin Luther King would often remind us, ``The arc of the moral 
universe is long, but it bends toward justice.''
  If we bear witness today, justice will come closer for the Syrian 
people. President Assad and the Government of Syria, its leaders and 
senior officials who are responsible for crimes against humanity, will 
be brought to account and justice for their crimes.
  I urge my colleagues to join me in supporting this resolution.

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