SENATE RESOLUTION 428--CONDEMNING THE GOVERNMENT OF SYRIA FOR CRIMES AGAINST HUMANITY, AND FOR OTHER PURPOSES; Congressional Record Vol. 158, No. 57

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SENATE RESOLUTION 428--CONDEMNING THE GOVERNMENT OF SYRIA FOR CRIMES

AGAINST HUMANITY, AND FOR OTHER PURPOSES

Mr. BLUMENTHAL (for himself, Mr. Graham, Ms. Klobuchar, Mr. Kirk, Ms.

Collins, Mr. Coats, Mr. McCain, and Mr. Cardin) submitted the following

resolution; which was referred to the Committee on Foreign Relations:

\[S. Res. 428\](https://www.congress.gov/bill/112th-congress/senate-resolution/428)

Whereas, on December 22, 2010, the Senate passed \[S. Con.

Res. 71\](https://www.congress.gov/bill/112th-congress/senate-concurrent-resolution/71) (111th Congress), a bipartisan resolution recognizing

that it is in the national interest of the United States to

prevent and mitigate acts of genocide and other mass

atrocities against civilians;

Whereas, since the uprisings in Syria began in January

2011, the Government of Syria has manifestly failed in its

responsibility to protect its people;

Whereas, on August 4, 2011, President Barack Obama issued

Presidential Study Directive/PSD 10, stating, \\\`\\\`Preventing

mass atrocities and genocide is a core national security

interest and a core moral responsibility of the United

States.'';

Whereas, on November 23, 2011, the United Nations-appointed

Independent International Commission of Inquiry on the Syrian

Arab Republic expressed grave concern that \\\`\\\`crimes against

humanity of murder, torture, rape or other forms of sexual

violence of comparable gravity, imprisonment or other severe

deprivation of liberty, enforced disappearances of persons

and other inhumane acts of a similar character have occurred

in different locations in Syria since March 2011'' and that

\\\`\\\`the Syrian Arab Republic bears responsibility for these

crimes and violations'';

Whereas, on February 3, 2012, Syria security forces began

using indiscriminate sniper fire and shelling of the densely

populated neighborhoods of Homs with heavy weaponry;

Whereas, on February 4, 2012, President Obama stated that

President Assad \\\`\\\`has no right to lead Syria and has lost all

legitimacy with his people and the international community'';

Whereas, on February 4, 2012, the United States co-

sponsored a draft United Nations Security Council resolution

condemning \\\`\\\`the continued widespread and gross violations of

human rights and fundamental freedoms by the Syrian

authorities such as the use of force against civilians,

arbitrary executions, killing and persecution of protestors

and members of the media, arbitrary detention, enforced

disappearances, interference with access to medical

treatment, torture, sexual violence, and ill-treatment,

including against children'';

Whereas, on February 17, 2012, the Senate passed \[S. Res.

379\](https://www.congress.gov/bill/112th-congress/senate-resolution/379) (112th Congress), stating

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that the \\\`\\\`gross human rights violations perpetuated by the

Government of Syria against the people of Syria represent a

grave risk to regional peace and stability'';

Whereas, on February 22, 2012, the Independent

International Commission of Inquiry on the Syrian Arab

Republic found in a subsequent report that \\\`\\\`\\\[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'' and that \\\`\\\`children continue to be

arbitrarily arrested and tortured while in detention'';

Whereas, on February 28, 2012, the United Nations Security

Council was informed that over 7500 people in Syria have been

killed, an estimated 100 more are killed each day in attacks

directed against the civilian population, and there are

between 100,000 and 200,000 internally displaced persons in

Syria;

Whereas, on February 28, 2012, Secretary of State Hillary

Clinton testified before the Subcommittee on the Department

of State, Foreign Operations, and Related Programs of the

Committee on Appropriations of the Senate concerning

President Assad, stating that \\\`\\\`based on the definitions of

war criminal and crimes against humanity, there would be an

argument to be made that he would fit into that category'';

Whereas, on March 1, 2012, Assistant Secretary of State for

Near East Affairs Jeffrey Feltman testified before the

Committee on Foreign Relations of the Senate that \\\`\\\`large

numbers of Syrians are living every day under siege, deprived

of basic necessities including food, clean water and medical

supplies, and women and children are wounded and dying for

lack of treatment'';

Whereas, on March 8, 2012 Ambassador Susan Rice, the United

States Permanent Representative to the United Nations, stated

that the United States \\\`\\\`remain\\\[s\\\] determined to hasten the

day when the brave people of Syria can shake off the yoke of

bondage and tyranny'';

Whereas, on March 27, 2012, United States Ambassador to

Syria Robert Ford, in testimony before the Tom Lantos Human

Rights Commission, cited massive human rights violations

that, \\\`\\\`may amount to crimes against humanity''; and

Whereas, with the intent and knowledge of the highest level

of the Government of Syria, including commanding officers of

the Syria security forces and the President of the Syrian

Arab Republic, Bashir Assad, members of the Syria security

forces have reportedly committed a widespread and systematic

pattern of gross human rights violations, including use of

force against civilians, torture, extra judicial killings,

arbitrary executions, sexual violence, the execution of

defectors, and interference with medical treatment and other

humanitarian assistance: Now, therefore, be it

Resolved, That the Senate--

(1) condemns the Government of Syria, Syria security

forces, and the President of the Syrian Arab Republic for

widespread and systematic attacks against the civilian

population of Syria;

(2) commends the President for the vote of the United

States at the United Nations Security Council to condemn the

continued widespread and gross violations of human rights and

fundamental freedoms by the authorities in Syria;

(3) urges the President to use his authority to collect

information on incidents in Syria that may constitute crimes

against humanity under section 2113 of the ADVANCE Democracy

Act of 2007 (title XXI of Public Law 110 53; 22 U.S.C. 8213)

and take action to ensure that the Government of Syria, its

leaders, and senior officials who are responsible for crimes

against humanity are brought to account for such crimes in an

appropriately constituted tribunal;

(4) urges the President to formally establish the

Atrocities Prevention Board established by Presidential Study

Directive 10 in August 2011, and for the Board to provide

recommendations to the President concerning the prevention of

mass atrocities in Syria;

(5) urges the international community, working with the

people of Syria to review legal processes available to hold

officials of the Government of Syria, Syria security forces,

and the President of the Syrian Arab Republic accountable for

crimes against humanity and gross violations of human rights;

and

(6) expresses solidarity and support for the people of

Syria as they seek to exercise universal rights and pursue

peaceful democratic change.

Mr. BLUMENTHAL. Mr. President, I rise to submit a resolution

condemning the Government of Syria for crimes against humanity. I am

pleased to be joined by Senators Graham, Klobuchar, Kirk, Cardin,

Coats, Collins, and McCain in submitting this resolution.

I am very proud we have strong bipartisan support and I thank, in

particular, Senator Graham for his leadership, along with Senator

McCain, who repeatedly and consistently in this area of human rights

and liberties have stood for basic American principles of democracy and

freedom. I had the great opportunity to visit a number of the Middle

Eastern countries with them, and my strong support for this kind of

resolution rises from the firsthand views we were able to have of the

results of freedom fighters in Tunisia, Libya and Egypt and the impact

on the future of their country and being on the right side of history,

as the United States was there. Those people showed their gratitude and

welcomed us to their countries.

I am grateful to Senators McCain and Graham for giving me that

opportunity, along with Senators Sessions and Hoeven, who accompanied

us, for their leadership.

Syrian crimes against humanity include acts such as murder, torture

and unlawful punishment and imprisonment when committed as part of a

widespread or systematic attack on civilian populations.

Since peaceful protests began last year, the Syrian regime has

brutalized and savaged its own people, leaving thousands dead as it

commits horrific crimes against humanity, including the abduction and

torture of children.

This resolution tells the Syrian people they are not alone, that the

American people are with them as they fight for freedom and basic

democratic rights; the people of the world are watching.

On November 23, 2011, the U.N.-appointed Independent International

Commission of Inquiry on the Syrian Arab Republic expressed grave

concern that \\\`\\\`crimes against humanity of murder, torture, rape or

other forms of sexual violence . . . imprisonment or other severe

deprivation of liberty, enforced disappearances of persons and other

inhumane acts . . . have occurred in different locations in Syria since

March 2011.''

The Commission also found that \\\`\\\`the Syrian Arab Republic bears

responsibility for these crimes and violations.''

Assistant Secretary of State for Near East Affairs Jeffrey Feltman

testified before the Committee on Foreign Relations of the Senate that

\\\`\\\`large numbers of Syrians are living every day under siege, deprived

of basic necessities including food, clean water and medical supplies,

and women and children are wounded and dying for lack of treatment.''

General Mattis, commander of the U.S. Central Command, for whom I

have the strongest and deepest respect, explained before the Senate

Armed Services Committee \\\`\\\`the Syrian military continues to ruthlessly

use lethal force with impunity against the Syrian people.''

In this body, we have not remained silent in the face of this

humanitarian disaster, approving on February 17, 2012, \[S. Res. 379\](https://www.congress.gov/bill/112th-congress/senate-resolution/379),

condemning violence by the Government of Syria against the Syrian

people. We have also approved \[S. Res. 391\](https://www.congress.gov/bill/112th-congress/senate-resolution/391), which I cosponsored,

condemning violence by the Government of Syria against journalists and

expressing the sense of the Senate on freedom of the press in Syria.

The world should be inspired by the continuing courage and

determination of Syrian protesters standing and speaking, despite the

Syrian military gunning down and bombing their homes, businesses, and

neighborhoods.

I know our Nation is at war and rightly wary of intervention abroad.

But military intervention is not our only option, not the only means to

summon support or step forward in solidarity with the freedom fighters

in Syria, nor is military intervention alone sufficient to call forth

the world's conscience. Even without military action, we need not

abdicate the democratic rights and principles that underlie and

underpin our own Nation's constitutional ethos.

One powerful and profound step this body can take is to bear witness

to the atrocities occurring in Syria. More than 9,000 people have died

in Syria since these protests began. As Elie Wiesel has said, \\\`\\\`For the

dead and the living, we must bear witness.''

The Syrian thugs who detain and torture children must know the United

States bears witness to their crimes. We should say to President Assad

that the world is watching and witnessing as he uses snipers to target

civilians, indiscriminately shelling homes and businesses, and

torturing protesters who dare to speak of change.

This resolution calls on President Obama to bear witness by using his

existing authority. America can and

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must bear witness by taking and preserving evidence of actions and

incidents in Syria that constitute crimes against humanity. America

must bear witness by asking the President's newly created Atrocities

Prevention Board to consider crimes against humanity occurring in

Syria.

These atrocities epitomize the crimes this prevention board must

address. I commend President Obama and Secretary of State Clinton for

their work at the U.N. and with our allies to assist the Syrian people.

We should make our own findings about what has occurred in Syria

concerning the crimes against humanity. We cannot avoid this obligation

simply because the result may present difficult choices.

As Martin Luther King would often remind us, \\\`\\\`The arc of the moral

universe is long, but it bends toward justice.''

If we bear witness today, justice will come closer for the Syrian

people. President Assad and the Government of Syria, its leaders and

senior officials who are responsible for crimes against humanity, will

be brought to account and justice for their crimes.

I urge my colleagues to join me in supporting this resolution.

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