CONDEMNING VIOLATIONS OF INTERNATIONAL LAW BY THE GOVERNMENT OF SYRIA; Congressional Record Vol. 162, No. 40

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CONDEMNING VIOLATIONS OF INTERNATIONAL LAW BY THE GOVERNMENT OF SYRIA

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and

agree to the concurrent resolution (\[H. Con. Res. 121\](https://www.congress.gov/bill/114th-congress/house-concurrent-resolution/121)) expressing the

sense of the Congress condemning the gross violations of international

law amounting to war crimes and crimes against humanity by the

Government of Syria, its allies, and other parties to the conflict in

Syria, and asking the President to direct his Ambassador at the United

Nations to promote the establishment of a war crimes tribunal where

these crimes could be addressed, as amended.

The Clerk read the title of the concurrent resolution.

The text of the concurrent resolution is as follows:

\[H. Con. Res. 121\](https://www.congress.gov/bill/114th-congress/house-concurrent-resolution/121)

Whereas the Government of Syria, led by President Bashar

al-Assad, has engaged in widespread torture and rape,

employed starvation as a weapon of war, and massacred

civilians, including through the use of chemical weapons,

cluster munitions, and barrel bombs;

Whereas the vast majority of the civilians who have died in

the Syrian conflict have been killed by the Government of

Syria led by President Bashar al-Assad and its allies,

specifically the Russian Federation, the Islamic Republic of

Iran, and Iran's terrorist proxies including Hezbollah;

Whereas the Government of Syria reportedly has subjected

nearly 1,000,000 civilians to devastating sieges and

manipulated the delivery of humanitarian aid for its own

gain, thereby weaponizing starvation against populations,

such as in Madaya;

Whereas the Government of Syria continues to target

schools, water, electric, and medical facilities as a way to

deny civilians access to critical infrastructure and basic

services;

Whereas the Government of Syria has conducted massive and

widespread enforced disappearances, systematic torture, and

killing, amounting to what the United Nations Independent

International Commission of Inquiry on the Syrian Arab

Republic recently described as \\\`\\\`extermination'' at the hands

of the State;

Whereas the same Commission of Inquiry described these and

other actions perpetrated by the Government of Syria as war

crimes and crimes against humanity;

Whereas the Government of Syria and its allies have carried

out mass atrocities without regard for international norms or

human decency;

Whereas the Government of Syria and its allies have

attacked various religious and ethnic minority populations in

Syria, including Christians, Turkmens, and Ismaelis;

Whereas the Russian Federation has not only enabled the

Government of Syria's perpetration of these crimes but has

committed its own violations of international law by leading

deliberate bombing campaigns on civilian targets including

bakeries, hospitals, markets, and schools, contrary to United

Nations Security Council Resolution 2254, adopted on December

18, 2015, which demanded \\\`\\\`that all parties immediately cease

any attacks against civilians and civilian objects'';

Whereas the attacks by the Government of Syria and its

allies have focused on civilian targets and the United

States-backed opposition, and have led to the expansion of

the Islamic State in Syria;

Whereas other parties to the conflict in Syria, including

the Islamic State of Iraq and the Levant and the al-Nusra

Front, have engaged in torture, rape, summary execution of

government soldiers, kidnapping for ransom, and violence

against civilians;

Whereas these continued violations of international law,

without any promise of accountability, jeopardize hope for

establishing a meaningful and lasting peace through the

Geneva and Vienna processes;

Whereas Syria is not a state-party to the Rome Statute and

is not a member of the International Criminal Court;

Whereas the United States supports the collection and

analysis of documentation related to the ongoing violations

of human rights, the coordination of Syrian and international

actors working on documentation and transitional justice

efforts, and education and outreach on transitional justice

concepts and processes, including efforts of the Syria

Justice and Accountability Center sponsored by the United

States and various other states and multilateral

institutions;

Whereas the international community has previously

established ad hoc or regional tribunals through the United

Nations to bring justice in specific countries where war

crimes, crimes against humanity, and genocide have been

committed;

Whereas ad hoc or regional tribunals, including the

International Criminal Tribunal for the former Yugoslavia,

the International Criminal Tribunal for Rwanda, and the

Special Court for Sierra Leone, have successfully

investigated and prosecuted war crimes, crimes against

humanity, and genocide, and there are many positive lessons

to be learned from such tribunals; and

Whereas any lasting, peaceful solution to the conflict in

Syria must be based upon justice for all, including members

of all factions, political parties, ethnicities, and

religions: Now, therefore, be it

Resolved by the House of Representatives (the Senate

concurring), That Congress--

(1) strongly condemns the continued use of unlawful and

indiscriminate violence against civilian populations by the

Government of Syria, its allies, and other parties to the

conflict;

(2) urges the United States and its partners to continue to

demand and work toward the cessation of attacks on Syrian

civilians by the Government of Syria, its allies, and other

parties to the conflict;

(3) urges the Administration to establish additional

mechanisms for the protection of civilians and to ensure

consistent and equitable access to humanitarian aid for

vulnerable populations;

(4) urges the United States to continue its support for

efforts to collect and analyze documentation related to

ongoing violations of human rights in Syria, and to

prioritize the collection of evidence that can be used to

support future prosecutions for war crimes and crimes against

humanity committed by the Government of Syria, its allies,

and other parties to the conflict;

(5) urges the President to direct the United States

representative to the United Nations to use the voice and

vote of the United States to immediately promote the

establishment of a Syrian war crimes tribunal, a regional or

international hybrid court to prosecute the perpetrators of

grave crimes committed by the Government of Syria, its

allies, and other parties to the conflict; and

(6) urges other nations to apprehend and deliver into the

custody of such a Syrian war crimes tribunal persons indicted

for war crimes, crimes against humanity, or genocide in

Syria, and to provide information pertaining to such crimes

to the tribunal.

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 on this resolution.

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, the U.N. Security Council should move immediately to

establish a Syrian war crimes tribunal. \[H. Con. Res. 121\](https://www.congress.gov/bill/114th-congress/house-concurrent-resolution/121), which I

introduced, is a bipartisan piece of legislation backed by Chairman

Royce as well as by Eliot Engel and others, calling upon the

administration to pursue this policy goal, including using our voice

and vote at the United Nations.

Mr. Speaker, past ad hoc/regional war crimes tribunals, including

courts for Sierra Leone, Rwanda, and the former Yugoslavia, have made a

significant difference, holding some of the worst mass murderers to

account with successful prosecutions followed by long jail sentences.

Who can forget the picture of the infamous former President of

Liberia, Charles Taylor, with his head bowed, incredulous that the

Special Court for Sierra Leone in 2012 meted out a 50-year jail term

for his crimes against humanity and war crimes.

According to the Syrian Center for Policy Research, approximately 5

years of wanton bloodshed in Syria has killed either directly or

indirectly an estimated 470,000 people. Other estimates put the death

toll at a quarter of a million.

While the United Nations long ago abandoned estimating the death toll

due to its inability to verify the veracity of the numbers, the war in

Syria has caused a massive loss of life, including genocide against

Christians, Yazidis, and other religious minorities, especially women

and children.

The International Syria Support Group, co-chaired by the United

States and Russia, as we all know, brokered a cessation of hostilities

that kicked in on February 27 that applies to all parties except ISIS

and al-Nusra.

While we all hope and pray the cease-fire holds as it goes into the

third week

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and humanitarian groups gain access to sick, frail, and at-risk people,

the atrocities committed against Syria's population demand

accountability and justice.

There have been--I think I should point this out because many people

who are following the news know this--numerous violations of the cease-

fire by Assad and his forces.

In an opinion piece in Newsweek a few hours ago, it was noted that

\\\`\\\`regime forces are openly bombing and, in some cases, launching ground

operations to capture key rebel territory without making any pretense

of attacking the Nusra Front.''

Further, the Syria Ceasefire Monitor \\\`\\\`reports 111 violations as of

March 9--almost all perpetuated by the Assad regime or Russian

forces.''

A Syrian court is needed for all the past, present, and--God forbid--

likely future atrocities being committed in Syria.

Rigorous investigations by a new Syrian court, followed by

prosecutions, convictions, and serious jail time for perpetrators of

crime on all sides will not only hold those responsible for war crimes

accountable, but will send a clear message that such barbaric behavior

has dire personal consequences. The victims and their loved ones, Mr.

Speaker, deserve no less.

Can a U.N. Security Council resolution establishing a Syrian war

crimes tribunal prevail? Yes, I believe. With a serious and sustained

diplomatic push by the United States and other interested parties, past

success in creating war crimes tribunals can, indeed, be prologue.

{time} 1600

Notwithstanding Russia's solidarity with Serbia during the Balkan

war, especially with Slobodan Milosevic, the International Criminal

Court Tribunal for the former Yugoslavia was unanimously approved.

Ditto for the special court in Sierra Leone in 2002. The Rwanda

tribunal was created in 1994, with China choosing to abstain rather

than to veto that court.

At a Syrian war crimes court, no one on any side who commits

genocide, war crimes, or crimes against humanity would be precluded

from prosecution.

As I said, in the early 1990s, the Russians knew that the Yugoslav

court was designed to hold all transgressors liable, whether they be

Bosnian or Croats and not just Serbians and, again, they didn't veto

that particular court as it was established.

I believe the Russians and the Chinese can be persuaded to support or

at least abstain from blocking establishment of such a court.

An ad hoc or a regional court has significant advantages over the

International Criminal Court, or the ICC, as a venue for justice. For

starters, neither Syria nor the United States is a member of the ICC,

although mechanisms exist to push prosecutions there.

The ICC, however, has operated since 2002, and only boasts of only

two, two, just two, convictions. By way of contrast, the Yugoslav court

convicted 80 people; Rwanda, 61; and Sierra Leone, 9. Moreover, a

singularly focused Syrian tribunal that provides Syrians with a degree

of ownership could significantly enhance its effectiveness.

I chaired a Congressional hearing on establishing a Syrian war crimes

tribunal back in 2013, and included such great leaders as David Crane,

the former prosecutor for the Special Court for Sierra Leone, and

founder and chairman of the Syria Accountability Project.

Mr. Crane testified that the Syria Accountability Project has

collected data \\\`\\\`and built a framework by which President Assad and his

henchmen''--this is his quote--\\\`\\\`along with members of the opposition

can be prosecuted openly and fairly.''

He and his team have \\\`\\\`developed a crime base matrix which catalogs

most of the incidents chronologically and highlights the violations of

the Rome Statute, the Geneva Conventions, as well as domestic Syrian

criminal law.''

Significantly, with respect to the ICC, Mr. Crane testified that \\\`\\\`it

lacks the capability and the political and diplomatic sophistication to

handle such a mandate.''

Indeed, I would like to relay some words that I had with David Crane

just a few hours ago; and he reminded us that it is important that the

Congress continue the quest to seek justice for the oppressed and work

on justice for the Syrian people, in particular, as we recall the fifth

anniversary of the beginning of the civil war in that country.

Tomorrow, March 15, marks the fifth anniversary of this horrific

conflict.

Finally, Mr. Speaker, accountability that is aggressive, predictable,

transparent, and applicable to all perpetrators of genocide and crimes

against humanity on all sides of the divide must be pursued now.

I reserve the balance of my time.

Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume.

I want to commend the gentleman from New Jersey for authoring and

bringing this resolution to the floor.

Mr. Speaker, Syria and much of Iraq face two great evils. ISIS is

well-known to us, and its evil is established by them on their own Web

sites every day.

The second evil is the extremist Shiite alliance, consisting of Iran,

Assad, Hezbollah, and many of the Shiite militias based in Baghdad to

Basra. And, of course, this Shiite alliance is aided by Russia,

although today there were reports that give us a glimmer of hope that

Russia will be diminishing its role in the Syrian conflict.

The Shiite extremist alliance, I believe, is even more dangerous than

ISIS since they include two state actors and a nuclear program. And the

extremist Shiite alliance has killed more Americans than ISIS, from the

Marines who died in Lebanon in the 1980s, to the IEDs that were

manufactured in Iran and deployed in Iraq and Afghanistan.

There is a substantial difference in style between these two evil

forces. When ISIS kills people, they put the beheadings on YouTube.

When Assad kills thousands with his barrel bombs, or even with chemical

weapons there for a while, Assad had the good taste to deny it. But

different styles do not mask the fact that we are confronted with two

great evils; and this resolution, I think, is an important step in

dealing with those evils.

This resolution condemns the gross violation of international law,

perpetrated by the Assad regime and those forces supporting Assad,

which have amounted to war crimes and crimes against humanity.

We all hope that the current ceasefire holds and even holds better

than it has, but 5 years of civil war in Syria has shown us the use of

weapons we thought were relegated only to the history books, including

chemical weapons used by the Syrian government against its own

civilians.

Assad has conducted deliberate bombings of schools, hospitals, and

humanitarian sites for the clear purpose of causing civilians to flee,

and overall, he has conducted a brutal war that has killed hundreds of

thousands of Syrians and sent millions fleeing the country.

He has been aided in this process by the Iran Revolutionary Guard

Corps, whose chief spokesman redisclosed just last week how proud the

Revolutionary Guard Corps is of helping Assad and how Tehran is helping

to finance both Hezbollah and the Shiite militias that are helping

Assad.

The resolution before us today makes specific mention of the role

that Iran and the Shiite extremist militias are playing, and that is an

important part of the resolution. So I agree with the gentleman from

New Jersey. It is time to show the people who are committing these war

crimes that there will be a tribunal, that they will be personally held

to account.

And while I would hope that would drive home a message that would be

relevant both to those who direct ISIS and those surrounding Assad, I

think it will have a bigger impact on the generals around Assad who do

not view themselves as martyrs, but view themselves as powerful

individuals in Syria who would wish to travel and enjoy the good life

with money they have stolen and taken from the Syrian people.

So I do not see that I have any speakers on our side, and I have been

notified that I should not expect any, and for that reason, I yield

back the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I do want to thank the

gentleman from California (Mr. Sherman) for his very eloquent remarks

and strong support for this resolution. I urge support and passage of

this resolution.

I yield back the balance of my time.

The SPEAKER pro tempore (Mr. Duncan of Tennessee). The question is on

the motion offered by the gentleman from New Jersey (Mr. Smith)

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that the House suspend the rules and agree to the concurrent

resolution, \[H. Con. Res. 121\](https://www.congress.gov/bill/114th-congress/house-concurrent-resolution/121), 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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