[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[House]
[Pages 3125-3130]
[From the U.S. Government Publishing Office, www.gpo.gov]




DEFINING CERTAIN ATROCITIES AS WAR CRIMES, CRIMES AGAINST HUMANITY, AND 
                                GENOCIDE

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 75) expressing the 
sense of Congress that those who commit or support atrocities against 
Christians and other ethnic and religious minorities, including 
Yezidis, Turkmen, Sabea-Mandeans, Kakai, and Kurds, and who target them 
specifically for ethnic or religious reasons, are committing, and are 
hereby declared to be committing, ``war crimes'', ``crimes against 
humanity'', and ``genocide'', as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 75

       Whereas Christians and other religious and ethnic 
     minorities have been an integral part of the cultural fabric 
     of the Middle East for millennia;
       Whereas the so-called Islamic State of Iraq and the Levant 
     (ISIL) and associated extremists are committing egregious 
     atrocities against ethnic and religious minorities in Iraq 
     and Syria, including Christians (including Assyrian Chaldean 
     Syriac, Armenian, and Melkite communities, among others), 
     Yezidis, Turkmen, Shabak, Sabaean-Mandeans, and Kakai, among 
     others;
       Whereas ISIL specifically targets these religious and 
     ethnic minorities, intending to kill them or force their 
     submission, conversion, or expulsion;
       Whereas religious and ethnic minorities have been murdered, 
     subjugated, forced to emigrate, and subjected to grievous 
     bodily and psychological harm, kidnapping, human trafficking, 
     torture, and rape;
       Whereas ISIL engages in, and publicly argues in favor of, 
     the sexual enslavement of non-Muslim women, including pre-
     pubescent girls;
       Whereas ISIL atrocities against Christians, Yezidis, and 
     other minorities have included mass murder, crucifixions, 
     beheadings, rape,

[[Page 3126]]

     torture, enslavement, the kidnaping of children, and other 
     violence deliberately calculated to eliminate their 
     communities from the so-called Islamic State;
       Whereas ISIL has deliberately destroyed and looted numerous 
     cultural sites, religious shrines, churches, monasteries, and 
     museums in order to eradicate the cultures of ethnic and 
     religious minorities from the territory it attempts to 
     control;
       Whereas these atrocities have been undertaken with the 
     specific intent to bring about the eradication of those 
     communities and the destruction of their cultural heritage;
       Whereas ISIL operations have in fact driven minority 
     religious and ethnic communities from their ancestral 
     homelands;
       Whereas under applicable international law referenced in 
     section 2441 of Title 18 of the United States Code, murder, 
     torture, mutilation, rape, cruel treatment, and hostage-
     taking of non-combatants constitute war crimes;
       Whereas crimes against humanity, as defined by the 
     International Military Tribunal convened at Nuremberg in 
     1945, and in various international instruments since then, 
     include murder, extermination, enslavement, deportation, and 
     other inhumane acts committed against any civilian 
     population, as well as persecution on political, racial, or 
     religious grounds in connection with such crimes;
       Whereas the United Nations Convention on the Prevention and 
     Punishment of the Crime of Genocide, signed and ratified by 
     the United States, defines genocide as ``any of the following 
     acts committed with the intent to destroy, in whole or in 
     part, a national, ethnical, racial or religious group, as 
     such: (a) Killing members of the group; (b) Causing serious 
     bodily or mental harm to members of the group; (c) 
     Deliberately inflicting on the group conditions of life 
     calculated to bring about its physical destruction in whole 
     or in part; (d) Imposing measures intended to prevent births 
     within the group; (e) Forcibly transferring children of the 
     group to another group'';
       Whereas on August 7, 2014, Secretary of State John Kerry 
     declared that ``ISIL's campaign of terror against the 
     innocent, including Yezidi and Christian minorities, and its 
     grotesque and targeted acts of violence bear all the warning 
     signs and hallmarks of genocide'';
       Whereas in August 2014, the United States conducted 
     targeted airstrikes and humanitarian assistance operations to 
     help break the siege of Mount Sinjar, saving the lives of 
     thousands of Yezidi men, women, and children;
       Whereas His Holiness, Pope Francis, has noted that ``entire 
     communities, especially--but not only--Christians and Yezidis 
     have suffered and are still suffering inhuman violence 
     because of their ethnic and religious identity'' and that, 
     for Christians being killed for their faith in the Middle 
     East, ``a form of genocide--I insist on the word--is taking 
     place, and it must end'';
       Whereas a March 13, 2015, report by the Office of the 
     United Nations High Commissioner for Human Rights detailed 
     ``acts of violence perpetrated [by ISIL] against civilians 
     because of their affiliation or perceived affiliation to an 
     ethnic or religious group'' and stated that ``[i]t is 
     reasonable to conclude that some of these incidents, 
     considering the overall information, may constitute 
     genocide'';
       Whereas in testimony before the House Foreign Affairs 
     Committee on May 13, 2015, Dominican Sister Diana Momeka, 
     whose convent was driven from Mosul, Iraq, described the ISIL 
     offensive as ``cultural and human genocide'' and stated that 
     today ``[t]he only Christians that remain in the Plain of 
     Nineveh are those who are held as hostages'';
       Whereas in December 2015, the United States Holocaust 
     Memorial Museum's Simon-Skjodt Center for the Prevention of 
     Genocide issued a report focused on the treatement of 
     minorities in Nineveh from June to August 2014, which found 
     that ISIL had ``targeted civilians based on group identity, 
     committing mass atrocities to control, expel, and exterminate 
     ethnic and religious minorities'' and, in that context, 
     ``committed crimes against humanity, war crimes, and ethnic 
     cleansing against [Christian, Yezidi, Turkmen, Shabak, 
     Sabaean-Mandean, and Kakai] communities in Nineva'' and 
     ``perpetrated genocide against the Yezidi people'';
       Whereas on December 7, 2015, the United States Commission 
     on International Religious Freedom called on the United 
     States Government ``to designate the Christian, Yezidi, 
     Shi'a, Turkmen, and Shabak communities of Iraq and Syria as 
     victims of genocide by ISIL'' and urged world leaders ``to 
     condemn the genocidal actions and crimes against humanity of 
     ISIL that have been directed at these groups and other ethnic 
     and religious groups'';
       Whereas on February 3, 2016, the European Parliament 
     expressed the view that ISIL ``is committing genocide against 
     Christians and Yezidis, and other religious and ethnic 
     minorities'';
       Whereas Syrian President Bashar al Assad's violence against 
     the Syrian people has attracted foreign fighters from around 
     the world, who have supported and committed ISIL atrocities; 
     and
       Whereas according to some estimates, the conflict among all 
     parties to the Syrian civil war has killed 470,000 and 
     displaced 11,000,000 people: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That--
       (1) the atrocities perpetrated by ISIL against Christians, 
     Yezidis, and other religious and ethnic minorities in Iraq 
     and Syria constitute war crimes, crimes against humanity, and 
     genocide;
       (2) all governments, including the United States, and 
     international organizations, including the United Nations and 
     the Office of the Secretary-General, should call ISIL 
     atrocities by their rightful names: war crimes, crimes 
     against humanity, and genocide;
       (3) the member states of the United Nations should 
     coordinate urgently on measures to prevent further war 
     crimes, crimes against humanity, and genocide in Iraq and 
     Syria, and to punish those responsible for these ongoing 
     crimes, including by the collection and preservation of 
     evidence and, if necessary, the establishment and operation 
     of appropriate tribunals;
       (4) the Hashemite Kingdom of Jordan, the Lebanese Republic, 
     the Republic of Turkey, and the Kurdistan Regional Government 
     in Iraq are to be commended for, and supported in, their 
     efforts to shelter and protect those fleeing the violence of 
     ISIL and other combatants until they can safely return to 
     their homes in Iraq and Syria; and
       (5) the protracted Syrian civil war and the indiscriminate 
     violence of the Assad regime have contributed to the growth 
     of ISIL and will continue to do so as long as this conflict 
     continues.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Sherman) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, first of all, I would like to thank Jeff Fortenberry and 
his lead cosponsor, Anna Eshoo, for their extremely important 
resolution, H. Con. Res. 75, as amended, calling on the Obama 
administration to declare the annihilation of Christians, Yazidis, and 
other minorities, for what it is, a genocide.
  On December 4 of last year, a coalition of prominent religious 
leaders wrote President Obama and stated, ``Christian and Yazidi 
minorities in Iraq and Syria are being targeted for eradication in 
their ancient homelands solely because of their religious beliefs.''
  They had been prompted by reports of an ``imminent'' State Department 
finding that ISIS was committing genocide against the Yazidis, a 
finding they ``wholeheartedly'' endorsed, but were ``deeply troubled,'' 
like we all were, that the genocide of Christians was going to be 
bypassed or excluded.
  Apparently press reports had claimed that the rationale for excluding 
Christians was that, unlike the Yazidis, Christians had a choice to 
convert to Islam and pay an Islamic tax, or be killed, tortured, 
enslaved, or held hostage.
  In direct rebuttal of that argument at a hearing that I held on 
December 9, Carl Anderson, the Supreme Knight of the Knights of 
Columbus, stated:

       Many times the payment of the tax is not presented as an 
     option for these Christians. In instances where the Yazidi 
     tax has been enacted or extracted, it has failed to ensure 
     that the Christians could live as Christians, that they were 
     protected from rival jihadists, or even other members of 
     ISIS, or that the amendment of payment was not raised over 
     time until it became impossible for some of them to pay, 
     causing the family's home, and even their children, to be 
     confiscated, and the adults to be killed or forced to become 
     Muslims.

  It is a very, very poor argument that has been made by the State 
Department, so we believe they have made this. Hopefully, they will 
rectify it.
  Let me also point out to my colleagues that the Genocide Convention

[[Page 3127]]

defines genocide as ``the killing and certain other acts committed with 
the intent to destroy, in whole or in part, a national, ethnical, 
racial, or religious group.''
  The religious leaders who signed the December 4 letter compiled 
extensive files supporting a finding that ISIS' treatment of Iraqi and 
Syrian Christians absolutely meets this definition. They include:

       Evidence of ISIS assassinations of church leaders; mass 
     murders; torture, kidnapping for ransom in the Christian 
     communities of Iraq and Syria; sexual enslavement and 
     systematic rape of Christian girls and women; its practices 
     of forcible conversions to Islam; its destruction of 
     churches, monasteries, cemeteries, and Christian artifacts; 
     and its theft of lands and wealth from Christian clergy and 
     laity alike.

  They went on to cite ``ISIS' own public statements taking credit for 
mass murder of Christians, and expressing its intent eliminate 
Christian communities from the Islamic State.''
  The letter recounted how ``ISIS jihadis have stamped Christian homes 
in Mosul with the red letter N for Nazarene in the summer of 2014,'' 
pointing out how the ``elimination of Christians in other towns and 
cities in Iraq and Syria began long beforehand.''
  Mr. Speaker, I held a hearing 3 years ago extolling and urging the 
administration to recognize the genocide against Christians, and our 
witnesses, the private witnesses who spoke, gave instance after 
instance of crimes against Christians that were done simply because 
they were Christians.
  At a December 9 hearing, we heard from four witnesses. I mentioned 
one a moment ago, Carl Anderson, from the Knights of Columbus. We also 
heard from Dr. Stanton, of Genocide Watch, who said, ``Failure to call 
ISIS' mass murder of Christians, Shiia, Muslims, and other groups in 
addition to the Yazidis by its proper name, genocide, would be an act 
of denial as grave as the U.S. refusal to recognize the Rwanda genocide 
back in 1994.''

                              {time}  1615

  Bishop Kalabat, a Chaldean bishop, was extremely pointed in his 
remarks when he said that ``the Obama administration, including 
President Obama himself, have neglected to mention that the ISIS 
atrocities were committed against Christians. They rightly mention 
atrocities committed in Iraq against the Yazidis, and they are 
horrific.'' The bishop went on, ``But there are also atrocities of 
rape, killings, crucifixions, beheadings, hangings that the Syrian and 
Iraqi Christians have endured, and they are intentionally omitted.'' He 
compellingly stated that ``the U.S. Government should not turn a blind 
eye to the genocidal atrocities faced by Iraq's ethnic and religious 
minorities, including the Christians, the Yazidis, and others.''
  Finally, in very, very powerful testimony, the head of Yezidi Human 
Rights Organization-International, Mr. Ismail, stated that though his 
people, the Yazidis, were on the verge of annihilation, he called upon 
the administration not to neglect the others who are also on the verge 
of annihilation, and said, ``the Yazidis and the Chaldo-Assyrian 
Christians face this genocide together.''
  Now is the time to act. We cannot let the cries of the victims go 
unheeded as we once did when we confronted the genocide in Rwanda and 
other genocides that have occurred around the world. Mr. Speaker, I 
therefore urge my colleagues to vote for H. Con. Res. 75.
  I reserve the balance of my time.
  Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in strong support of the resolution.
  Mr. Speaker, this resolution deals with the crimes of ISIS.
  I want to thank my colleague from California, Anna Eshoo, and our 
colleague from Nebraska, Jeff Fortenberry, for their drafting of this 
resolution which I and so many others have cosponsored, and I want to 
thank the chair and ranking member of our committee for their work in 
preparing the amendment that we adopted in committee.
  This resolution, H. Con. Res. 75, identifies the violent acts of ISIS 
by their right name: war crimes, crimes against humanity, and, where 
appropriate, genocide. We could and will be conducting a complete 
analysis in the future to identify which atrocities of ISIS are merely 
war crimes and which atrocities of ISIS are part of an overall systemic 
genocide. But it is clear that at least some of the war crimes are part 
of a planned genocide against religious minorities in the areas that 
ISIS occupies.
  This resolution also includes a call upon the United States and all 
the states of the U.N. to conduct measures designed to prevent these 
crimes and genocide in the future. Now, it is said that People of the 
Book, most relevantly Christians, are being told by ISIS that they only 
have to pay a jizya and they will be allowed to live, a special tax 
imposed upon them. But the fact is that we know that the Yazidis are 
not even given that option but are subject to extermination; whereas, 
Christians may be told to pay the tax and then, when they run out of 
money, be executed because they are not paying more. So we know that 
ISIS is guilty of crimes against humanity, war crimes, and genocide.
  In addition to passing this resolution, we ought to focus on the most 
significant thing the United States is doing against ISIS, and that, of 
course, is our airstrikes. I believe our airstrikes have been subject 
to rules of engagement that are far too limited. For example, we have 
learned that we try to cut off ISIS' flow of money by hitting the 
tanker trucks that are taking the oil out of ISIS areas for sale, but 
we are only hitting those trucks when they are parked, not when they 
are moving.
  It is true that, if you hit a moving truck, you may kill the driver, 
and that driver may be an ISIS soldier or may be a civilian; but if you 
look at the strategic bombing that we engaged in during World War II, 
not just the strategic bombing of Germany, but the strategic bombing of 
occupied France and occupied Belgium and so many other occupied 
countries, you will see that we hit munitions plants and transportation 
tanker trucks whether or not those people operating the transportation 
devices and operating in the munitions plants were civilian or 
military.
  If we are going to get serious against ISIS, we have to be willing 
not to target civilians but, instead, to do everything we can to 
prevent killing civilians; but we have to be willing to hit strategic 
targets even if we are not 100 percent sure that all civilian 
casualties will be avoided.
  So I look forward to our working both diplomatically and militarily 
for the destruction of ISIS and eventually holding ISIS' leaders to 
account for their war crimes, crimes against humanity, and genocide.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Nebraska (Mr. Fortenberry), the author of 
H. Con. Res 75.
  Mr. FORTENBERRY. Mr. Speaker, first, let me thank my colleague and 
good friend, Congressman Chris Smith of New Jersey, for his tireless 
efforts on a whole, broad spectrum of assaults on human dignity. He is 
constantly trying to elevate the conscience of this body and the 
worldwide community. I thank the chairman, as well, for coordinating 
this effort and speaking favorably to it, as well as Chairman Royce and 
Ranking Member Engel, who passed this through the Foreign Affairs 
Committee.
  I need to also, because she is not here, thank Anna Eshoo, a 
Democratic colleague from California.
  We are living in a time when our country looks at Congress and sees 
stagnation, anger, and gridlock and not being able to get things done. 
What we have before us today is a transpartisan resolution. It has 
risen above the petty and difficult differences that we often work out 
here on the floor of the House of Representatives. It has risen above 
it because of its essential nature. Not only is there a grave injustice 
happening in the Middle East to the people, to the Christians, Yazidis, 
and

[[Page 3128]]

other religious minorities who have as much a right to be in their 
ancient homeland as anyone else, but this is a threat against 
civilization itself.
  When a group of people, ISIS--8th century barbarians with 21st 
century weapons--can systematically try to exterminate another group of 
people simply because of their faith tradition, violating the sacred 
space of individuality, conscience, and religious liberty, you 
undermine the entire system for international order building out of 
rule of law and proper social interaction--civilization itself. That is 
why so many Members have come together here in a bipartisan, 
transpartisan way and said, ``Enough.''
  This is a genocide against Christians and Yazidis. It is a crime 
against humanity and against others, as well, who are suffering because 
of their religious faith.
  By the way, it should be noted that the group of people who have been 
most killed by ISIS are innocent Muslims, as well.
  This is an important resolution to speak clearly about what is 
happening in the land.
  Why is it important? Because it raises the international 
consciousness, and it compels the responsible communities of the world 
to act. Secondly, it creates the potential preconditions for when there 
is a security settlement in the Middle East that will allow these 
ancient faith traditions to reintegrate back into their homeland and 
continue to contribute to the once-rich tapestry that made up the 
Middle East.
  That is why this is so essential. It is just. The responsible 
communities of the world must act, and it is essential for 
international order and international stability if there is going to be 
a chance for any type of hope and long-lasting viability of order and 
tranquility in that area.
  As my colleague, Mr. Smith, mentioned, Genocide Watch has labeled 
this genocide. The International Association of Genocide Scholars has 
called this genocide. The Yezidi Human Rights Organization-
International has said this is genocide. Pope Francis has said that 
this is genocide and has decried the scandal of silence and the scandal 
of indifference in this regard--again, another reason why action by 
this body is so essential.
  In addition to that, I want to leave you with one quick story.
  I represent the largest Yazidi community in America. I have been 
dealing with this community for many, many years, many of whom 
resettled in Lincoln, Nebraska, because they were given special visas 
to come to America because they worked side by side with our soldiers 
during the Iraq war as translators. Because of the grave threat that 
they were under, they were given special privileges to become citizens 
here, and many settled in my State of Nebraska, my hometown, Lincoln.
  I have been working with the community for a number of years about a 
number of concerns. About a year and a half ago, a group came to see 
me. Young men who had worked as translators were on the verge of tears. 
They were passionate and angry. I don't blame them for being angry. 
Their mothers, their sisters, and their family members were trapped on 
Mount Sinjar. They were pleading with me: Congressman, act. Do 
something now. We can't wait.
  To the Obama administration's credit, shortly thereafter--and the 
House had passed a resolution creating some groundwork for trying to 
stop the annihilation of Yazidis--the Obama administration, President 
Obama, acted, and I am thankful for that.
  This week we have an opportunity to continue to plead and urge the 
State Department to act as well. I know they are under an evaluation as 
to this real genocide that is happening. I respect their process, but I 
think the facts are clear; and it is my sincere hope that Secretary 
Kerry and the State Department will meet their lawful deadline this 
week and declare this fact: there is a genocide against Christians and 
Yazidis, and civilization itself is at stake.
  I thank the gentleman from New Jersey (Mr. Smith) for yielding me the 
time.
  Mr. SHERMAN. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. SMITH of New Jersey. Mr. Speaker, first of all, I want to thank 
Mr. Fortenberry for his very eloquent remarks and for reminding us that 
this is an existential threat to Christians, but really, as well, to 
civilization. I thank him again for the resolution.
  Mr. Speaker, I yield 3 minutes to the gentleman from Staten Island, 
New York (Mr. Donovan). He is a member of the Foreign Affairs 
Committee.
  Mr. DONOVAN. Mr. Speaker, I thank my good friend from New Jersey (Mr. 
Smith) for allowing me this time to express and rise in support of H. 
Con. Res. 75.
  When considering the long history of civilization, we look back in 
horror at the unimaginable pain mankind is capable of inflicting on 
itself, and each succeeding generation wonders how a people stood idly 
by as warring factions destroyed innocent life and property.
  Last year, the world watched a beach turned red as executioners sawed 
off the heads of 21 Coptic Christians on the shores of the 
Mediterranean Sea. Two weeks ago, terrorists stormed a retirement home 
full of nuns caring for the elderly and frail. And in the months in 
between, ISIS systemically killed or enslaved thousands of Yazidi 
people.
  Scripture speaks of perseverance and endurance in faith under siege 
and not growing weary. Matthew says:

       Blessed are those who are persecuted because of their 
     righteousness, for theirs is the kingdom of Heaven.

  But that doesn't excuse our silence. Political correctness cannot 
stand in the way of our moral obligation as a free and decent people. I 
support the resolution and hope we can have the moral conviction to 
call this massacre what it is: genocide.
  Mr. SHERMAN. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the 
gentleman from Texas, Judge Poe, the chairman of the Foreign Affairs 
Subcommittee on Terrorism, Nonproliferation, and Trade.
  Mr. POE of Texas. I thank the gentleman for yielding time.
  Mr. Speaker, ISIS, this evil group, has been intentionally targeting 
Christians worldwide because of their religious belief. ISIS not only 
targets Christians, it targets any religious group, including some 
Muslims who disagree with them.
  As the previous speaker from New York mentioned, they are proud of 
the fact that they murder people, that they behead people, and that 
they put their murders on television for the world to see. These 
atrocities committed by this terrorist group in the name of a perverted 
jihad religion are the worst crimes we have seen in our lifetime.
  More than that, ISIS' massacres of religious and ethnic minorities 
fits the definition of genocide. The definition of genocide is clear. 
It is the deliberate and systematic destruction of a racial or cultural 
group. That is exactly what ISIS is doing. ISIS has already forced 
hundreds of thousands of Christians to leave their ancestral homes.

                              {time}  1630

  For the first time since Jesus, there are almost no Christians left 
in this part of the world. There were 1.5 million Christians in Iraq in 
2003--1.5 million. Since that time, terrorists have either killed or 
forced Christians to run for their lives.
  Today, 13 years later, there are 66 percent fewer Christians in this 
area. Some of those who could not get out before ISIS came in and took 
over their areas have been tortured, crucified, executed, and murdered 
in the most inhumane possible ways, tortured because of their belief.
  ISIS has not only targeted Christians, it has targeted other 
communities. The Yazidi community of Iraq has been tortured. ISIS 
slaughtered almost all of the men in one community on Mount Sinjar and 
then sold the women and the girls off into slavery, this demonic desire 
of theirs, and gave them to their fighters. It is just another example 
of tragic cases of genocide in world history.
  ISIS will not stop, Mr. Speaker, exterminating these people, until 
they

[[Page 3129]]

bow down to their ideology, and their ideology is based on hate. ISIS 
does not just target those under its control. The terrorists seek to 
cleanse the world, the whole world, from all people who do not accept 
their belief, including other Muslims.
  It is time the United States and the rest of the world make it clear 
to all what ISIS is doing. We must denounce murder, this genocide, that 
is occurring because of people's religious belief.
  I am glad that this resolution is coming forward. I am proud to be a 
cosponsor of H. Con. Res. 75.
  Mr. Speaker, justice demands ISIS be held accountable for what it 
does. Justice must be done. After all, isn't justice what we do in the 
United States?
  And that is just the way it is.
  Mr. SHERMAN. Mr. Speaker, I commend the gentleman from Texas for his 
speech and the gentleman from Nebraska who spoke earlier for his 
introduction of this resolution, along with my colleague, Anna Eshoo, 
from California. And, of course, I commend Chris Smith for a lifetime 
of work on human rights.
  I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself 2 minutes to 
close.
  I thank my good friend, Mr. Sherman, for his good, bipartisan, strong 
remarks expressed today during both of these debates on the war crimes 
tribunal and now on Mr. Fortenberry's genocide resolution, another 
bipartisan piece of legislation.
  I want to thank my colleagues for their moving words today. Judge 
Poe, again, hit the nail right on the head, as did our friend from New 
York.
  I think we need to say it and we need to say it with exclamation 
points, that declaring genocide is a solemn and extremely serious step 
not to be taken lightly.
  I am very proud of the work that the Foreign Affairs Committee did. I 
want to thank our chairman, Ed Royce, and the ranking member, Eliot 
Engel, for their work on this resolution.
  All of us understand the seriousness of calling crimes genocide. It 
represents an assertion that a legal definition has been met and that 
we are witnessing acts of physical and mental violence intended to 
destroy a group in whole or in part.
  The targeted depravity of ISIS against the Yazidis, Christians, and 
other minorities more--I will say it again--more than meets that 
definition.
  But far more than the legality, speaking clearly of genocide, is an 
appeal to the conscience of the world. It evokes the moral gravity and 
the imperative of never again.
  The United States must not wait any longer to find its voice and call 
these bloody purges what they are: genocide. We and our partners must 
defeat ISIS so that Christians, Yazidis, all religious communities, and 
all the people of Syria and Iraq, can live in peace, free from this 
grotesque persecution.
  I urge passage of the resolution.
  I yield back the balance of my time.
  Ms. GABBARD. Mr. Speaker, I co-sponsored and will vote for H. Con. 
Res. 75 because of my grave concern about the genocide against 
Christians, Alawites, Shiites, Druze, Yazidis, and other religious 
minorities in Syria. However, I was extremely disappointed by amendment 
language later added to this resolution in Committee that provides 
``cover'' or an excuse for ISIS and other terrorist organizations 
committing this genocide.
  Specifically, the language I object to is the following: ``Syrian 
President Bashar al-Assad's violence against the Syrian people has 
attracted foreign fighters from around the world, who have supported 
and committed ISIL atrocities.''
  I fully reject this amendment to the resolution which gives moral 
legitimacy to the actions of ISIS, al-Qaeda, and others who are 
committing genocide against Christians, Yazidis, and other religious 
minorities in Syria.
  This amendment is an obvious attempt to make ISIS look like their 
cause is legitimate. This is unacceptable and undermines the heart of 
this resolution.
  This is very unfortunate because the problem of genocide against 
Christians, Yazidis, and other religious minorities in Syria is very 
serious. The main area in Syria where Christians and other religious 
minorities have any protection from being slaughtered, and where they 
can practice their own religious faiths without fear of persecution, is 
in the territory controlled by the Syrian government of Assad.
  The reality is that the language added to this Resolution, coupled 
with its sister H. Con. Res. 121, is really aimed at justifying the 
overthrow of Assad--the result of which would be a complete assault and 
elimination of the Christians and other religious minorities in Syria.
  The fact that this Resolution, which was originally introduced to 
increase protection for Christians, Yazidis and other religious 
minorities, has now been hijacked so it becomes a vehicle to increase 
the likelihood of even greater genocide against those religious 
minorities is a disgrace.
  The reality is that if the Assad government is overthrown tomorrow, 
every Christian, every Yazidi, and every other religious minority and 
ethnic minority in Syria will be in greater danger than ever before 
from ISIS, al-Qaeda, and others who are slaughtering them.
  This Resolution is no longer a sincere effort to protect religious 
minorities. It has become a resolution to give moral legitimacy to ISIS 
and al-Qaeda's genocidal activities, and would bring about even greater 
genocide of such religious minorities by eliminating the only area 
where they now have refuge--in Assad-controlled areas.
  Mr. ROYCE. Mr. Speaker, today we take a step reserved for only the 
most dire of circumstances.
  The so-called Islamic State--or ``ISIS''--is committing war crimes, 
crimes against humanity, and genocide against religious and ethnic 
minorities. Yes, genocide. House Concurrent Resolution 75--led by 
Congressman Jeff Fortenberry, Congresswoman Anna Eshoo, and more than 
200 bipartisan cosponsors--declares that fact clearly, and was adopted 
unanimously by the Foreign Affairs Committee earlier this month.
  Our Committee has held many hearings on this group's brutal war to 
eliminate religious minorities and bulldoze their histories. ISIS's 
tools include mass murder, beheadings, crucifixions, rape, torture, 
enslavement, and the kidnaping of children, among other atrocities. 
ISIS dynamites churches and flattens ancient monasteries. Put simply, 
their desire is to erase the existence of these groups from their self-
proclaimed caliphate, by any means necessary.
  The crime of genocide is killing or inflicting other serious harm 
with the intent to destroy a religious or ethnic group--in whole or in 
part. ISIS is guilty.
  ISIS has clearly stated that it cannot tolerate the continued 
existence of the Yezidi community, and has followed these statements up 
with widespread killing and enslavement. Last fall, our Committee 
Members met with ``Bazi,'' a young Yezidi woman from Iraq, who bravely 
recounted her brutal captivity and abuse at the hands of the terrorist 
group.
  ISIS also has made no secret of its ``hatred for the cross 
worshippers.'' In one of their gruesome videos addressed to Christians, 
an ISIS spokesman taunts the so-called ``people of the cross'' saying 
``you will not have safety--even in your dreams--until you embrace 
Islam.'' Next, 15 Christian captives are beheaded on camera.
  Sister Diana Momeka, who testified before us after fleeing the ISIS 
offensive against Mosul, poignantly described a ``cultural and human 
genocide,'' and observed that today ``[t]he only Christians that remain 
in the Plain of Niniveh those who are held as hostages.''
  Most telling: Ask how many of the ancient, indigenous Christian 
communities survive in the areas where ISIS has consolidated its 
control? Experts inform me that the number is zero.
  ISIS brutalizes anyone whose beliefs conflict with its own narrow 
ideology, including fellow Muslims. It has torn the rich religious and 
cultural tapestry of that region to shreds.
  At a hearing four months ago, when Ambassador Anne Patterson, 
representing the Administration, was asked whether ISIS is committing 
genocide, she said that we could expect ``some announcements on that 
very shortly.'' We are still waiting.
  In December, I wrote Secretary Kerry a bipartisan letter, with 29 
colleagues, urging that any genocide determination must reflect the 
full reality of the situation faced by all groups--Yezidis, Christians, 
and others. The State Department is facing a statutory deadline of 
March 17th--this Thursday--to provide Congress with an evaluation of 
the genocide question. Today's consideration puts Congress on record as 
to how the Secretary of State should rule.
  This past week, the Knights of Columbus sent Secretary Kerry an 
extensive 280-page report that provides both the legal basis and more 
than 200 pages of detailed, eyewitness

[[Page 3130]]

documentation to support its conclusion that ``ISIS is committing 
genocide--the `crime of crimes'--against Christians and other religious 
groups.''
  The U.S. Commission on International Religious Freedom and the 
European Parliament have found their voices: Both have publicly 
concluded that Yezidis, Christians, and other minority groups are 
facing genocide at the hands of ISIS in Syria and Iraq. Today, the 
voice of this body, representing the American people, will be heard.
  The House of Representatives led the push to recognize genocide in 
Sudan in the late 1990s. I remember the critical role we played in that 
debate. We have recognized genocide in other situations, including 
Rwanda and the former Yugoslavia. Sadly, it is time to make this solemn 
declaration again, to speak the truth about the atrocities of ISIS, and 
hope that the Administration and the world will do the same, before 
ISIS has succeeded in its genocidal campaign. And it should go without 
saying, this brutal terrorist organization and its caliphate ambitions 
must be shattered.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 75, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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