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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 219 Introduced in Senate (IS)]

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;
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.
                                 <all>
```