III 

113TH CONGRESS 

1ST SESSION S. RES. 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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2013 

Mr. CARDIN submitted the following resolution; which was referred to the 

Committee on Foreign Relations 

RESOLUTION 

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. 

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; 


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•SRES 219 IS 

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 


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•SRES 219 IS 

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, 


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•SRES 219 IS 

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 

1 Resolved, That the Senate— 

2 (1) strongly condemns the ongoing violence, the 

3 use of chemical weapons, and the systematic gross 

4 human rights violations carried out by Syrian gov5 ernment forces under direction of President Bashar 

6 al-Assad as well as abuses committed by other 

7 groups involved in the civil war in Syria; 

8 (2) expresses its support for the people of Syria 

9 seeking peaceful democratic change; and 

10 (3) calls on the United Nations Security Coun11 cil, based on evidence that war crimes and crimes 

12 against humanity have been perpetrated in Syria, to 


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•SRES 219 IS 

1 refer the situation of Syria to the International 

2 Criminal Court. 

Æ 


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