[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Page 13212]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 219--CALLING FOR SYRIAN PRESIDENT BASHAR AL-ASSAD AND 
    OTHERS TO BE TRIED BEFORE THE INTERNATIONAL CRIMINAL COURT FOR 
           COMMITTING WAR CRIMES AND CRIMES AGAINST HUMANITY

  Mr. CARDIN submitted the following resolution; which was referred to 
the Committee on Foreign Relations:

                              S. Res. 219

       Whereas the United States intelligence community assessed 
     with high confidence that the Government of Syria carried out 
     a chemical weapons attack in the Damascus suburbs on August 
     21, 2013, killing 1,429 Syrians;
       Whereas the United Nations estimates that, since the 
     uprising in Syria began in March 2011, more than 100,000 
     people, mainly civilians, have been killed;
       Whereas Syria and neighboring countries are facing a 
     growing humanitarian crisis, with 2,000,000 Syrians having 
     fled the country, and millions more being displaced 
     internally;
       Whereas, under the command of President Bashar al-Assad, 
     Syrian government forces and shabiha forces have been accused 
     of gross human rights violations, including heavy shelling of 
     civilian areas, widespread pillaging and the burning of 
     homes, denial of basic human needs such as food, water, and 
     medical care, mass torture and arrests, unlawful detention, 
     and brutal execution-style killings;
       Whereas terrorist groups operating in Syria have reportedly 
     engaged in kidnapping for ransom, violence, summary 
     executions, torture, and other gross human rights violations 
     against civilians;
       Whereas the United States has implemented a series of 
     sanctions through five Executive orders pertaining to the 
     situation in Syria;
       Whereas the United Nations Human Rights Council has held 
     four special sessions, issued four reports of the Independent 
     International Commission of Inquiry on the Syrian Arab 
     Republic, and adopted seven resolutions devoted to the 
     situation in Syria;
       Whereas the United Nations Security Council has adopted 
     three resolutions authorizing an advance team to monitor the 
     ceasefire in Syria and a short-lived United Nations 
     Supervision Mission in Syria (UNSMIS);
       Whereas the United Nations General Assembly has adopted 
     five resolutions regarding human rights and the situation in 
     Syria;
       Whereas the situation in Syria continues to deteriorate 
     despite such actions by the international community;
       Whereas United Nations Security Council Resolution 1540 
     (2004) prohibits all United Nations member states, including 
     Syria, from providing any form of support to non-state actors 
     that attempt to develop, acquire, possess, transfer, or use 
     chemical weapons or other weapons of mass destruction, and it 
     reaffirms that weapon of mass destruction proliferation 
     ``constitutes a threat to international peace and security'';
       Whereas, on February 22, 2012, the United Nations 
     Independent International Commission of Inquiry on the Syrian 
     Arab Republic found in its second report that, after further 
     review, ``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'';
       Whereas, on February 5, 2013, the United Nations 
     Independent International Commission of Inquiry on the Syrian 
     Arab Republic found in its report that Syrian forces and 
     affiliated militia committed crimes against humanity, war 
     crimes, and gross violations of international human rights 
     and that anti-government forces committed war crimes;
       Whereas the February 5, 2013, United Nations Independent 
     International Commission of Inquiry on the Syrian Arab 
     Republic found that government forces, affiliated militia, 
     and anti-government forces have violated the rights of 
     children and that government forces and affiliated militia 
     have committed widespread sexual violence;
       Whereas the report recommends that the United Nations 
     Security Council ``take appropriate action and commit to 
     human rights and the rule of law by means of referral to 
     justice, possibly to the International Criminal Court, 
     bearing in mind that, in the context of the Syrian Arab 
     Republic, only the Security Council is competent to refer the 
     situation to the Court'';
       Whereas the United Nations conducted an investigation into 
     the alleged August 21, 2013, chemical weapons attack in the 
     Damascus suburbs;
       Whereas the United Nations High Commissioner for Human 
     Rights has repeatedly called on the United Nations Security 
     Council to consider referring the situation of Syria to the 
     International Criminal Court; and
       Whereas the International Criminal Court is an independent 
     body whose mission is to investigate and prosecute 
     individuals for crimes within its jurisdiction, including 
     crimes against humanity, war crimes, and genocide: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) strongly condemns the ongoing violence, the use of 
     chemical weapons, and the systematic gross human rights 
     violations carried out by Syrian government forces under 
     direction of President Bashar al-Assad as well as abuses 
     committed by other groups involved in the civil war in Syria;
       (2) expresses its support for the people of Syria seeking 
     peaceful democratic change; and
       (3) calls on the United Nations Security Council, based on 
     evidence that war crimes and crimes against humanity have 
     been perpetrated in Syria, to refer the situation of Syria to 
     the International Criminal Court.

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