I 

118TH CONGRESS 

1ST SESSION H. R. 5686 

To prevent ethnic cleansing and atrocities against ethnic Armenians, promote 

accountability for the same, protect and provide humanitarian assistance 

to Armenians in Armenia and Nagorno-Karabakh impacted by actions 

taken by the Government of Azerbaijan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2023 

Mr. SMITH of New Jersey (for himself, Mr. BILIRAKIS, and Mr. SHERMAN) 

introduced the following bill; which was referred to the Committee on 

Foreign Affairs, and in addition to the Committee on the Judiciary, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent ethnic cleansing and atrocities against ethnic 

Armenians, promote accountability for the same, protect 

and provide humanitarian assistance to Armenians in 

Armenia and Nagorno-Karabakh impacted by actions 

taken by the Government of Azerbaijan, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Ethnic 

3 Cleansing and Atrocities in Nagorno-Karabakh Act of 

4 2023’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) In September 2020, Azerbaijan invaded 

8 Nagorno-Karabakh, resulting in conflict in which 

9 more than 6,500 people in Armenia, Azerbaijan, and 

10 Nagorno-Karabakh were killed. 

11 (2) According to the United Nations High Com12 missioner for Refugees (UNHCR), Azerbaijan’s 

13 2020 invasion resulted in the displacement of more 

14 than 91,000 individuals from Nagorno-Karabakh, 

15 with the vast majority, primarily women and chil16 dren, living in a ‘‘refugee-like’’ situation in the war’s 

17 aftermath. 

18 (3) People displaced by Azerbaijan’s invasion of 

19 Nagorno-Karabakh continue to have acute humani20 tarian needs, including access to drinking water and 

21 health care. 

22 (4) Human Rights Watch found that Azer23 baijani forces indiscriminately used cluster muni24 tions and artillery rockets against civilian targets 

25 and destroyed civilian infrastructure, including hos26 pitals and schools during the 2020 war. 


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1 (5) In September 2022, Azerbaijan unleashed 

2 another assault on Armenian territory, including the 

3 cities of Vardenis, Sotk, Artanish, Ishkhanasar, 

4 Goris, and Kapan, which killed almost 400 military 

5 personnel. 

6 (6) Azerbaijani forces shelled Armenian commu7 nities in September 2022, killing at least 4 civilians, 

8 injuring 14, and displacing at least 7,600 people, in9 cluding almost 1,500 children and 100 people with 

10 disabilities. 

11 (7) In December 2022, Azerbaijan imposed a 

12 blockade of the Lachin Corridor, a road by which 90 

13 percent of food consumed by residents of Nagorno14 Karabakh previously entered the enclave. 

15 (8) The International Court of Justice ordered 

16 Azerbaijan in February 2023 to ‘‘ensure unimpeded 

17 movement of persons, vehicles, and cargo along the 

18 Lachin Corridor in both directions’’, a ruling with 

19 which it has failed to comply. 

20 (9) Azerbaijan’s installation of a military check21 point in the Lachin Corridor in April 2023 further 

22 threatened the supply of urgent humanitarian goods 

23 to Nagorno-Karabakh. 

24 (10) On August 6, 2023, the Armenian 

25 Ombudsperson reported that no humanitarian aid 


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1 had entered Nagorno-Karabakh since June 15, and 

2 that miscarriages had tripled. 

3 (11) On August 7, 2023, a United Nations 

4 group of experts stated that Azerbaijan’s ongoing 

5 blockade of the Lachin Corridor ‘‘is a humanitarian 

6 emergency that has created severe shortages of es7 sential food staples’’ and threatens medical reserves. 

8 (12) On August 7, 2023, Luis Moreno Ocampo, 

9 former Prosecutor of the International Criminal 

10 Court (2003–2012) released an Expert Opinion that 

11 the actions of the Government of Azerbaijan toward 

12 ethnic Armenians in Nagorno-Karabakh constituted 

13 the crime of genocide under the Genocide Conven14 tion, and urged that members of the United Nations 

15 Security Council seek to refer the matter to the 

16 International Criminal Court for investigation and 

17 prosecution under the Genocide Convention. 

18 (13) In certain instances, Azerbaijani authori19 ties have detained residents of Nagorno-Karabakh 

20 traveling to Armenia through the Lachin Corridor, 

21 leaving ethnic Armenians who choose to depart for 

22 Armenia to avoid starvation to wonder if they can 

23 depart safely. 

24 (14) According to the International Committee 

25 of the Red Cross, residents of Nagorno-Karabakh 


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1 lack life-saving medication, hygiene products, and 

2 baby formula, and basic foodstuffs are increasingly 

3 scarce. 

4 (15) The United States Commission on Inter5 national Religious Freedom’s 2023 Annual Report 

6 noted the documented destruction of Armenian her7 itage sites in Nagorno-Karabakh, including St. 

8 Sargis Church, while the European Parliament in 

9 March 2023 condemned an Azerbaijani policy to 

10 ‘‘erase and deny Armenian cultural heritage in and 

11 around Nagorno-Karabakh’’. 

12 (16) In a September 2022 report, the United 

13 Nations Committee on the Elimination of Racial 

14 Discrimination expressed deep concern in Azerbaijan 

15 regarding ‘‘[i]ncitement to racial hatred and the 

16 propagation of racist stereotypes against persons of 

17 Armenian national or ethnic origin, including on the 

18 Internet and social media, as well as by public fig19 ures and government officials, and the lack of de20 tailed information on investigations, prosecutions, 

21 convictions, and sanctions for such acts’’. 

22 (17) Any peace agreement between Armenia 

23 and Azerbaijan will only be sustainable if its in24 cludes protections for the Armenian population of 

25 Nagorno-Karabakh. 


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1 (18) On September 19, 2023, Azerbaijan 

2 launched an assault on Nagorno-Karabakh, and in 

3 the first days of that attack killed more than 200 ci4 vilians, including children, and wounding 400. 

5 SEC. 3. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 

7 (1) long-standing U.S. policy not to recognize 

8 changes to borders or political status that a party to 

9 a conflict attempts to make by force or aggression 

10 should be applied in relation to Azerbaijan, 

11 Nagorno-Karabakh, and Armenia; 

12 (2) long-standing U.S. policy has been and 

13 should remain to facilitate a negotiated settlement of 

14 Nagorno-Karabakh’s political status, neither recog15 nizing Azerbaijan’s claim to sovereign authority over 

16 Nagorno-Karabakh, nor Nagorno-Karabakh’s claim 

17 to independence, but to promote resolution of the 

18 question of its status through negotiation within the 

19 OSCE Minsk Group; 

20 (3) the U.S. should not recognize any settle21 ment of Nagorno-Karabakh’s political status that is 

22 achieved as a consequence of Azerbaijan’s military 

23 invasion of Nagorno-Karabakh in 2020, its blockade 

24 of Nagorno-Karabakh since December 12, 2022, or 

25 the invasion that began on September 19, 2023, or 


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1 its threats and coercion of Armenian leaders in 

2 Nagorno-Karabakh, including by creating an atmos3 phere of terror; 

4 (4) numerous documented reports and evidences 

5 of atrocities, war crimes, crimes against humanity, 

6 and genocide committed by Azerbaijan in and 

7 around Nagorno-Karabakh should be investigated 

8 and those responsible should be held accountable, 

9 and the U.S. should play a leading role in promoting 

10 this process; 

11 (5) due to credible reports of ongoing atrocities 

12 against ethnic Armenians following the Azerbaijani 

13 invasion of Artsakh that began on September 19, 

14 2023, the U.S. should press for immediate access by 

15 international observers, including U.S. diplomats, to 

16 promote verification of these reports; 

17 (6) the United States should direct the United 

18 States Representative to the United Nations to use 

19 the voice, vote, and influence of the United States to 

20 refer the actions of the Government of Azerbaijan 

21 toward ethnic Armenians in Nagorno-Karabakh to 

22 the International Criminal Court for investigation 

23 and prosecution under the Genocide Convention; 

24 (7) Azerbaijan is conducting a campaign of eth25 nic cleansing against Armenians living in NagornoVerDate Sep 11 2014 23:07 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5686.IH H5686

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1 Karabakh and the United States and the inter2 national community have a responsibility to provide 

3 immediate humanitarian support; 

4 (8) the Government of Azerbaijan must imme5 diately cease actions that undermine the mission of 

6 the International Committee of the Red Cross and 

7 restore unfettered humanitarian access to the region, 

8 including by facilitating the transfer of food, fuel, 

9 medicine, and hygiene products; and 

10 (9) the Government of Azerbaijan should imme11 diately release all Armenian prisoners of war. 

12 SEC. 4. HUMANITARIAN ASSISTANCE FOR ARMENIANS IN 

13 ARMENIA AND NAGORNO-KARABAKH. 

14 There is authorized to be appropriated to the United 

15 States Agency for International Development, for fiscal 

16 year 2024, $30,000,000 to provide humanitarian assist17 ance to groups in Armenia and Nagorno-Karabakh im18 pacted by the 2020 Nagorno-Karabakh War, Azerbaijan’s 

19 September 2022 attack on Armenia, and Azerbaijan’s 

20 blockade of the Lachin Corridor. 

21 SEC. 5. FREEDOM SUPPORT ACT SECTION 907 WAIVER RE22 PEAL. 

23 Title II of the Foreign Operations, Export Financing, 

24 and Related Programs Appropriations Act, 2002 (Public 

25 Law 107–115) (22 U.S.C. 5812 note) is amended, under 


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1 the heading ‘‘ASSISTANCE FOR THE INDEPENDENT

2 STATES OF THE FORMER SOVIET UNION’’, by striking 

3 paragraphs (2) through (6) of subsection (g). 

4 SEC. 6. FOREIGN MILITARY FINANCING. 

5 (a) AUTHORIZATION.—There is authorized to be ap6 propriated $12,000,000 for the Department of State for 

7 fiscal year 2024 for Foreign Military Financing program 

8 assistance for the Republic of Armenia. 

9 (b) PURPOSES.—The Foreign Military Financing 

10 program assistance authorized by subsection (a) shall be 

11 used to— 

12 (1) support Armenia’s sovereign independence; 

13 (2) support joint training and exercises with the 

14 United States; 

15 (3) enhance United States-Armenia interoper16 ability; and 

17 (4) train Armenian forces for future inter18 national peacekeeping operations. 

19 SEC. 7. STRATEGY TO PROTECT THE RIGHTS OF PEOPLE IN 

20 NAGORNO-KARABAKH. 

21 (a) STRATEGY REQUIRED.—Not later than 45 days 

22 after the date of the enactment of this Act, the Secretary 

23 of State shall submit to the appropriate congressional 

24 committees a detailed strategy to ensure the durable secu25 rity for the people of Nagorno-Karabakh. 


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1 (b) ELEMENTS.—The strategy required by subsection 

2 (a) shall include— 

3 (1) incorporating the rights and security of the 

4 people in Nagorno-Karabakh into any and all efforts 

5 to facilitate peace talks between Armenia and Azer6 baijan, including the right of the ethnic Armenians 

7 to live safely in Nagorno-Karabakh; and 

8 (2) a plan to work with leaders of Nagorno9 Karabakh and the international community to en10 sure— 

11 (A) the establishment of accountability 

12 measures to ensure the rights and security of 

13 the population of Nagorno-Karabakh in the 

14 event that the Governments of Armenia and 

15 Azerbaijan reach a peace agreement; 

16 (B) the stationing of U.S. diplomats in 

17 Nagorno-Karabakh in order that they can ob18 serve, interact with and receive reports from in19 habitants; 

20 (C) support for the protection of Armenian 

21 cultural heritage sites in Nagorno-Karabakh, 

22 including the 24-hour video monitoring of those 

23 sites; 

24 (D) Armenians in Nagorno-Karabakh are 

25 able maintain their right to study according to 


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1 a curriculum designed by local representatives, 

2 worship according to their chosen religious be3 liefs, and speak their preferred language; and 

4 (E) the survival of Armenian cultural her5 itage in Nagorno-Karabakh, including mon6 asteries, churches, and cemeteries. 

7 SEC. 8. ACCOUNTABILITY FOR ALLEGED AZERBAIJANI 

8 ATROCITIES DURING SEPTEMBER 2022 AT9 TACK ON ARMENIA. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of the enactment of this Act, the Secretary of State 

12 shall submit to the appropriate congressional committees 

13 a detailed report regarding evidence that Azerbaijan and 

14 its proxies violated international humanitarian law and 

15 committed atrocities and war crimes during its attacks on 

16 Armenia in September 2022 and on Nagorno-Karabakh 

17 in September 2023. 

18 (b) ELEMENTS.—The report required under sub19 section (a) shall include the following elements: 

20 (1) A description of the status of efforts to in21 vestigate, verify, and promote accountability for al22 leged atrocities, including war crimes and crimes 

23 against humanity that Azerbaijani forces committed 

24 during the course of Azerbaijan’s attacks on Arme25 nia in September 2022 and on Nagorno-Karabakh in 


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1 September 2023, and a description of any docu2 mented atrocities to date. 

3 (2) A description of United States support for 

4 efforts to investigate, verify, and promote account5 ability for alleged atrocities, including war crimes 

6 and crimes against humanity that Azerbaijani forces 

7 committed during the course of attacks on Armenia 

8 in September 2022 and on Nagorno-Karabakh in 

9 September 2023. 

10 (3) A description of efforts to promote justice 

11 for victims of alleged atrocities, including statements 

12 by civilians who were victimized. 

13 (4) A strategy for diplomatic engagement to 

14 build support multilaterally for widespread account15 ability for these atrocities, including multilateral en16 gagements, economic sanctions, and visa restrictions, 

17 and freezing of foreign assets by the perpetrators 

18 and their family members. 

19 (5) Plans to deter future Azerbaijani attacks 

20 against Armenia by expanding U.S.-Armenia joint 

21 exercises and other forms of security cooperation. 


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1 SEC. 9. ENHANCED REPORTING RE INCITEMENT TO ETH2 NIC HATRED AND VIOLENCE, HUMAN RIGHTS 

3 VIOLATIONS, ATROCITIES, WAR CRIMES, 

4 CRIMES AGAINST HUMANITY AND GENOCIDE. 

5 The State Department shall assess incitement of eth6 nic hatred and violence, human rights violations, atroc7 ities, war crimes, violations of international humanitarian 

8 law, crimes against humanity, and genocide, including ele9 ments of these crimes committed in Nagorno-Karabakh 

10 and surrounding areas of Azerbaijan in relation to the 

11 conflict over Nagorno-Karabakh since January 1, 2020. 

12 Such enhanced reporting shall include gathering and eval13 uating evidence, including that which is publicly available 

14 on Columbia University’s Artsakh Atrocities website, and 

15 including a description of documented atrocities, and 

16 should also include information on perpetrators in Azer17 baijan’s Armed Forces, as well as militias including 

18 Islamist armed groups engaged on the ground. 

19 (1) Such enhanced reporting shall be made available 

20 on the website of the State Department. 

21 (2) Evidence gathered pursuant to subsection (a) 

22 shall be available to appropriate law enforcement or judi23 cial authorities, including appropriate national, regional or 

24 international justice mechanisms for use as evidence to 

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1 tred, violence, atrocities, ethnic cleansing, war crimes, 

2 crimes against humanity and genocide. 

3 SEC. 10. IMPOSITION OF SANCTIONS WITH RESPECT TO OF4 FICIALS OF THE GOVERNMENT OF AZER5 BAIJAN RELATED TO ETHNIC CLEANSING IN 

6 NAGORNO-KARABAKH. 

7 (a) IN GENERAL.—Not later than 30 days after the 

8 date of the enactment of this Act, and after making the 

9 determination required by subsection (c), the President 

10 shall impose sanctions described in subsection (d) with re11 spect to each official of the Government of Azerbaijan— 

12 (1) specified in subsection (b); or 

13 (2) determined by the President under sub14 section (c) to have directed an attack or the block15 ade described in that subsection. 

16 (b) OFFICIALS SPECIFIED.—The officials specified in 

17 this subsection are the following: 

18 (1) The President of Azerbaijan. 

19 (2) The Minister of Defense of Azerbaijan. 

20 (3) The Minister of Defense Industry of Azer21 baijan. 

22 (4) The Chief of the State Border Service of 

23 Azerbaijan. 

24 (5) The Chief of the State Security Service of 

25 Azerbaijan. 


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1 (6) The Chief of the Foreign Intelligence Serv2 ice of Azerbaijan. 

3 (c) IDENTIFICATION OF ADDITIONAL OFFICIALS.— 

4 Not later than 30 days after the date of the enactment 

5 of this Act, the President shall determine whether any offi6 cials of the Government of Azerbaijan, in addition to the 

7 officials specified in subsection (b), directed— 

8 (1) operations that instigated the 2020 

9 Nagorno-Karabakh War; 

10 (2) attacks on Armenia in September 2022; 

11 (3) the blockade of the Lachin Corridor begin12 ning in December 2022; or 

13 (4) attacks on Nagorno-Karabakh in September 

14 2023. 

15 (d) SANCTIONS DESCRIBED.—The sanctions to be 

16 imposed under subsection (a) with respect to an official 

17 described in that subsection include any of the sanctions 

18 authorized under the International Emergency Economic 

19 Powers Act (50 U.S.C. 1701 et seq.), the Global 

20 Magnitsky Human Rights Accountability Act (22 U.S.C. 

21 2656), or any other provision of law. 

22 (e) NATIONAL SECURITY WAIVER.—The President 

23 may waive the imposition of sanctions under this section 

24 with respect to an official described in subsection (a) if 

25 the President— 


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1 (1) determines that such a waiver is in the na2 tional security interests of the United States; and 

3 (2) submits to the appropriate congressional 

4 committees a notification of the waiver and the rea5 sons for the waiver. 

6 SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED. 

8 In this Act, the term ‘‘appropriate congressional com9 mittees’’ means— 

10 (1) the Committee on Foreign Relations and 

11 the Committee on Appropriations of the Senate; and 

12 (2) the Committee on Foreign Affairs and the 

13 Committee on Appropriations of the House of Rep14 resentatives. 

Æ 


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