,,iii #aadth ,,congress #ast ,session ,s4 ,,res4 #cdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjae ,mr4 ,cassidy 7for himself1 ,mr4 ,manchin1 ,mr4 ,rubio1 ,mr4 ,kirk1 and ,mr4 ,wicker7 submitted the following resolution2 which was referred to the ,committee on ,foreign ,relations ,,resolution ,expressing the sense of ,congress that the so-called ,islamic ,state in ,iraq and al-,sham 7,,isis or ,da'esh7 is committing genocide1 crimes against humanity1 and war crimes1 and calling upon the ,president to work with foreign governments and the ,united ,nations to provide physical protection for ,,isis' targets1 to support the creation of an international criminal tribunal with jurisdiction to punish these crimes1 and to use every reasonable means1 including sanctions1 to destroy ,,isis and disrupt its support networks4 ,whereas communities of ,assyrian ,chaldean ,syriac1 ,armenian1 ,evangelical1 and ,melkite ,christians2 ,kurds2 ,yezidis2 ,shia and ,sunni ,muslims2 ,turkmen2 ,sabea-,mandeans2 ,kaka#8e2 and ,shabaks have been an integral part of the cultural fabric of the ,middle ,east for millennia2 ,whereas ,article ,i of the ,united ,nations ,convention on the ,prevention and ,punishment of the ,crime of ,genocide1 signed at ,paris ,december #i1 #aidh 7in this resolution referred to as the ,convention7 states that the contracting parties confirm that genocide1 whether committed in time of peace or in time of war1 is a crime under international law which they undertake to prevent and punish2 ,whereas ,article ,,ii of the ,convention declares1 ,in the present ,convention1 genocide means any of the following acts committed with the intent to destroy1 in whole or in part1 a national1 ethnical1 racial or religious group1 as such3 7a7 ,killing members of the group2 7b7 ,causing serious bodily or mental harm to members of the group2 7c7 ,deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part2 7d7 ,imposing measures intended to prevent births within the group2 7e7 ,forcibly transferring children of the group to another group42 ,whereas ,article ,,iii of the ,convention affirms1 ,the following acts shall be punishable3 7a7 ,genocide2 7b7 ,conspiracy to commit genocide2 7c7 ,direct and public incitement to commit genocide2 7d7 ,attempt to commit genocide2 7e7 ,complicity in genocide42 ,whereas section #ajia of title #ah1 ,united ,states ,code1 declares that genocide occurs when any person whether in time of peace or in time of war and with the specific intent to destroy1 in whole or in substantial part1 a national1 ethnic1 racial1 or religious group as such 7#a7 kills members of that group2 7#b7 causes serious bodily injury to members of that group2 7#c7 causes the permanent impairment of the mental faculties of members of the group through drugs1 torture1 or similar techniques2 7#d7 subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part2 7#e7 imposes measures intended to prevent births within the group2 or 7#f7 transfers by force children of the group to another group2 ,whereas subsection 7c7 of section #bdda of title #ah1 ,united ,states ,code1 defines a war crime as conduct 7#a7 defined as a grave breach in any of the international conventions signed at ,geneva #ab ,august #aidi1 or any protocol to such convention to which the ,united ,states is a party2 7#b7 prohibited by ,article #bc1 #be1 #bg1 or #bh of the ,annex to the ,hague ,convention ,,iv1 ,respecting the ,laws and ,customs of ,war on ,land1 signed #ah ,october #aijg2 7#c7 which constitutes a grave breach of common ,article #c defined in subsection 7d7 of such section as torture1 cruel or inhuman treatment1 performing biological experiments1 murder1 mutilation or maiming1 intentionally causing serious bodily injury1 rape1 sexual assault or abuse1 or taking hostages when committed in the context of and in association with an armed conflict not of an international character2 or 7#d7 of a person who1 in relation to an armed conflict and contrary to the provisions of the ,protocol on ,prohibitions or ,restrictions on the ,use of ,mines1 ,booby-,traps and ,other ,devices as amended at ,geneva on #c ,may #aiif 7,protocol ,,ii as amended on #c ,may #aiif71 when the ,united ,states is a party to such ,protocol1 willfully kills or causes serious injury to civilians2 ,whereas the ,united ,states has ratified the ,united ,nations ,convention ,against ,transnational ,organized ,crime of #bjjj1 and its ,protocol to ,prevent1 ,suppress and ,punish ,trafficking in ,persons1 ,especially ,women and ,children1 supplementing the ,united ,nations ,convention against ,transnational ,organized ,crime1 which defines trafficking in persons to mean the recruitment1 transportation1 transfer1 harbouring or receipt of persons1 by means of the threat or use of force or other forms of coercion1 of abduction1 of fraud1 of deception1 of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person1 for the purpose of exploitation and defines exploitation as including1 at a minimum1 the exploitation of the prostitution of others or other forms of sexual exploitation1 forced labour or services1 slavery or practices similar to slavery1 servitude or the removal of organs2 ,whereas section #bcca of title #ah1 ,united ,states ,code1 defines international terrorism activities as activities that 7,a7 involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the ,united ,states or of any ,state1 or that would be a criminal violation if committed within the jurisdiction of the ,united ,states or of any ,state2 7,b7 appear to be intended 7i7 to intimidate or coerce a civilian population2 7ii7 to influence the policy of a government by intimidation or coercion2 or 7iii7 to affect the conduct of a government by mass destruction1 assassination1 or kidnapping2 and 7,c7 occur primarily outside the territorial jurisdiction of the ,united ,states1 or transcend national boundaries in terms of the means by which they are accomplished1 the persons they appear intended to intimidate or coerce1 or the locale in which their perpetrators operate or seek asylum2 ,whereas section #bccb;b of title #ah1 ,united ,states ,code1 defines terrorism transcending national boundaries to include 7,a7 killings1 kidnapings1 maimings1 commiting an assault resulting in serious bodily injury1 or assaults with a dangerous weapon of or on any person within the ,united ,states2 or 7,b7 creating a substantial risk of serious bodily injury to any other person by destroying or damaging any structure1 conveyance1 or other real or personal property within the ,united ,states or by attempting or conspiring to destroy or damage any structure1 conveyance1 or other real or personal property within the ,united ,states2 in violation of the laws of any ,state1 or the ,united ,states12 ,whereas the ,president1 with the assistance of the ,secretary of ,state and the ,ambassador at ,large for ,war ,crimes ,issues1 is obligated under section #baac7;b7 of the ,,advance ,democracy ,act of #bjjg 7#bb ,u4,s4,c4 #hbac7;b77 to collect information regarding incidents that may constitute crimes against humanity1 genocide1 slavery1 or other violations of international humanitarian law and shall consider what actions can be taken to ensure that any government of a country or the leaders or senior officials of such government who are responsible for crimes against humanity1 genocide1 slavery1 or other violations of international humanitarian law identified pursuant to such collection of information are brought to account for such crimes in an appropriately constituted tribunal2 ,whereas ,article ,i of the ,convention and the law of nations confirm that government authorities are obligated to prevent and punish acts constituting genocide1 crimes against humanity1 and war crimes2 ,whereas1 on ,july #aj1 #bjae1 ,pope ,francis1 ,supreme ,pontiff of the ,catholic ,church1 declared that the pattern of crimes committed by ,,isis and its affiliates against ,christians are part of a third world war1 waged piecemeal1 which we are now experiencing1 and that a form of genocide is taking place1 and it must end2 ,whereas the #bjaa ,presidential ,study ,directive on ,mass ,atrocities declares1 ,preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the ,united ,states ''' and that our options are never limited to either sending in the military or standing by and doing nothing ''' ,the actions that can be taken are many--they range from economic to diplomatic interventions1 and from non-combat military actions to outright intervention42 ,whereas1 on ,august #g1 #bjad1 ,president ,barak ,obama authorized military action to stop ,,isis' advance in northern ,iraq1 and to prevent a potential act of genocide against ,yazidis stranded on ,mount ,sinjar2 ,whereas1 on ,august #g1 #bjad1 ,secretary of ,state ,john ,kerry1 stated that ,,isis' campaign of terror against the innocent1 including ,yezedi and ,christian minorities1 and its grotesque and targeted acts of violence bear all the warning signs and hallmarks of genocide2 ,whereas1 on ,march #bg1 #bjae1 the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights reported that its mission to ,iraq had gathered reliable information about acts of violence perpetrated against civilians because of their affiliation or perceived affiliation to an ethnic or religious group1 that the ethnic and religious groups targeted by ,,isil include ,yezidis1 ,christians1 ,turkmen1 ,sabea-,mandeans1 ,kaka'e1 ,kurds and ,shia1 and stated1 ,it is reasonable to conclude1 in the light of the information gathered overall1 that some of those incidents may constitute genocide4 ,other incidents may amount to crimes against humanity or war crimes42 ,whereas the ,united ,states ,commission on ,international ,religious ,freedom 7,,uscirf7 has called on the ,u4,s4 government to designate the ,christian1 ,yazidi1 ,shi'a1 ,turkmen1 and ,shabak communities of ,iraq and ,syria as victims of genocide by ,,isil and ,,uscirf ,chairman ,robert ,p4 ,george has observed that ,,isil's intent to destroy religious groups that do not subscribe to its extremist ideology in the areas of ,iraq and ,syria that it controls1 or seeks to control1 is evident in1 not only its barbarous acts1 but also its own propaganda2 and ,whereas members of the ,international ,association of ,genocide ,scholars1 in their ,appeal to ,congress of ,september #i1 #bjae1 stated1 ,,isis's mass murders of ,chaldean1 ,assyrian1 ,melkite ,greek1 and ,coptic ,christians1 ,yazidis1 ,shi'a ,muslims1 ,sunni ,kurds and other religious groups meet even the strictest definition of genocide43 ,now1 therefore1 be it ,that the ,senate-- 7#a7 finds that ,,isis1 its affiliated organizations1 and supporters are parts of an expanding1 worldwide criminal network1 the members of which have pledged allegiance to its leaders1 support its actions1 act in concert with them1 claim credit for targeted killings1 and are fully aware that their participation and support will assist in the commission of its crimes2 7#b7 finds that ,,isis and its affiliated organizations maintain sophisticated publishing and social media networks that seek to attract others to join their efforts and seek to incite the murder of ,christians1 ,shia and ,sunni ,muslims1 ,jews1 and any religious believers who refuse to convert to their ,wahhabi-,salafist jihadist ideology2 7#c7 declares that ,,isis and its leaders should be charged with genocide1 crimes against humanity1 and war crimes2 7#d7 calls upon on the ,attorney ,general to investigate and prosecute any ,united ,states citizens or residents alleged to be perpetrators of or complicit in these crimes and to report back to ,congress regarding what steps are being taken to investigate and prosecute those involved2 7#e7 calls upon the ,secretary of the ,treasury to investigate and sanction any person1 organization1 business1 or financial institution alleged to be perpetrators of or complicit in these crimes1 and to report back to ,congress regarding what additional authority1 if any1 is needed to disrupt ,,isis financial support networks2 7#f7 calls upon the ,president to authorize the ,secretary of ,state1 the ,under ,secretary of ,state for ,democracy and ,global ,affairs1 and the ,ambassador-at-,large for ,war ,crimes ,issues to cooperate in the collection of forensic evidence of crimes against humanity1 genocide1 war crimes1 slavery1 or other violations of international humanitarian law2 7#g7 calls on the ,president1 the ,secretary of ,state1 and the ,united ,states ,permanent ,representative to the ,united ,nations1 working through the ,united ,nations ,security ,council and its member states as appropriate1 to accelerate the implementation of an immediate1 coordinated1 and sustained response to provide humanitarian assistance1 protect civilians1 build resilience1 and help reestablish livelihoods for displaced and persecuted persons in their communities of origin2 7#h7 calls upon the contracting parties to the ,united ,nations ,convention on the ,prevention and ,punishment of the ,crime of ,genocide1 signed at ,paris ,december #i1 #aidh1 and other international agreements forbidding war crimes and crimes against humanity1 to join with the ,united ,states in an effort to investigate1 arrest1 and prosecute individual and organizational perpetrators responsible for these crimes2 7#i7 calls upon the ,united ,nations ,secretary-,general to urge all ,united ,nations member states to cooperate in an international effort to investigate1 try1 and prosecute all cases in which prosecutors can prove that the accused have committed crimes against humanity1 war crimes1 and genocide2 7#aj7 makes an urgent appeal to the ,cooperation ,council for the ,arab ,states of the ,gulf to collaborate on the establishment and operation of domestic1 regional1 and hybrid international tribunals with jurisdiction to punish the individuals and organizations responsible for or complicit in actions that constitute war crimes1 crimes against humanity1 and genocide2 and 7#aa7 commends the ,governments of the ,kurdistan ,region of ,iraq1 ,jordan1 ,lebanon1 ,turkey1 and every other country sheltering and protecting individuals fleeing the violence of ,,isis4