SENATE RESOLUTION 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; Congressional Record Vol. 159, No. 117

<!-- -->

SENATE RESOLUTION 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

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

the Committee on Foreign Relations:

\[S. Res. 219\](https://www.congress.gov/bill/113th-congress/senate-resolution/219)

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'';

\\\[\\\[\[Page\](https://www.congress.gov/congressional-record/volume-159/senate-section/page/S6299) \[S6299\](https://www.congress.gov/congressional-record/volume-159/senate-section/page/S6299)\\\]\\\]

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.

&nbsp;