,,ii #aaeth ,,congress #b;d ,session ,s4 #cbeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjah,mr4 ,cruz 7for himself1 ,mr4 ,donnelly1 ,mr4 ,cornyn1 ,mr4 ,blumenthal1 ,mr4 ,scott1 ,mr4 ,markey1 ,mr4 ,rubio1 and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions on foreign persons responsible for serious violations of international law regarding the protection of civilians during armed conflict1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sanction ,terrorist ,operations ,using ,human ,shields ,act of #bjah or the ,,stop ,using ,human ,shields ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the international law of armed conflict prohibits1 during any armed conflict-- 7,a7 the exploitation of the presence or movement of civilians in an effort to impede attack on or otherwise shield lawful targets2 7,b7 exposing prisoners of war1 other detainees1 the wounded and sick1 or other individuals subject to special protection under international law1 to unnecessary risks resulting from the conduct of hostilities2 7,c7 using such persons to impede attack on or otherwise shield lawful targets2 and 7,d7 deliberately causing the injury or death of such persons4 7#b7 ,violating these prohibitions regarding civilians and other specially protected persons is known as the use of human shields and is a serious violation of international law subjecting those responsible to individual criminal liability4 7#c7 ,the international law of armed conflict also prohibits exposing property subject to special protection under international law to unnecessary risks resulting from the conduct of hostilities1 including a prohibition against using such property to impede attack on or otherwise shield lawful targets from attack or to deliberately cause destruction of such property4 ,such use of specially protected property is a serious violation of international law1 subjecting those responsible to individual criminal responsibility4 7#d7 ,every party to an armed conflict is prohibited under international law from using human shields in an attempt to cause law-abiding armed forces to forgo attacks on otherwise lawful targets4 7#e7 ,when law-abiding armed forces do attack in such situations1 the party using human shields frequently hopes to discredit the law-abiding opponent by blaming the opponent for civilian casualties1 which are in fact attributable to the unlawful use of human shields4 7#f7 ,terrorist groups routinely use human shields to force law-abiding opponents to conduct attacks in circumstances where civilian casualties become unavoidable4 ,while this unlawful tactic in no way absolves an attacking force from its obligations to do everything feasible to mitigate the risk of such casualties1 such illegal tactics inevitably influence the efficacy of feasible precautions4 7#g7 ,in accordance with the proportionality rule1 an assessment of the legality of attack indicates that these terrorist groups bear responsibility for such casualties when such attack is otherwise legally permissible4 7#h7 ,hizballah1 designated by the ,secretary of ,state as a foreign terrorist organization1 has repeatedly used human shields4 ,throughout its #bjjf conflict with ,israel1 ,hizballah forces purposefully used civilians in an effort to shield themselves against attacks by ,israeli forces1 including by storing weapons inside civilian homes and launching attacks from firing positions in areas of dense civilian population1 often in or near homes1 schools1 mosques or hospitals1 in order to shield such positions from attack4 7#i7 ,hizballah has since rearmed and built up an arsenal of some #aej1jjj rockets and missiles1 in addition to other destabilizing weapons1 provided by the ,iranian and ,syrian governments4 ,these weapons1 as well as ,hizballah command posts1 logistics depots1 and other vital military assets1 are often concealed in ,shiite villages in southern ,lebanon1 frequently within or near homes1 hospitals1 schools1 and mosques4 7#aj7 ,hamas1 also designated by the ,secretary of ,state as a foreign terrorist organization1 has also repeatedly used human shields4 ,hamas routinely and purposefully uses civilians and the civilian population to shield military assets from attack1 including by launching attacks from firing positions in areas of dense civilian population1 often in or near schools1 mosques1 or hospitals1 in order to shield such positions from attack4 7#aa7 ,other unlawful ,hamas tactics include discouraging ,palestinian civilians from heeding ,israeli warnings1 instructing ,palestinian civilians to remain in their homes1 and encouraging or forcing ,palestinian civilians to gather on the roofs of their homes to act as human shields4 ,in ,june #bjag and again in ,october #bjag1 the ,united ,nations ,relief and ,works ,agency announced that it had discovered ,hamas tunnels under its schools in the ,gaza ,strip4 7#ab7 ,on ,december #aj1 #bjad1 the #aacth ,congress unanimously adopted ,h4 ,con4 ,res4 #ajg1 a bicameral and bipartisan resolution in which ,congress strongly condemns the use of innocent civilians as human shields1 calls on the international community to recognize and condemn ,hamas' use of human shields1 places responsibility for the rocket attacks against ,israel on ,hamas and other terrorist organizations1 such as ,palestine ,islamic ,jihad1 and supports the sovereign right of the ,government of ,israel to defend its territory and its citizens from ,hamas' rocket attacks1 kidnapping attempts1 and the use of tunnels and other means to carry out attacks against ,israel4 7#ac7 ,in addition to ,hizballah and ,hamas1 other groups designated by the ,secretary of ,state as foreign terrorist organizations1 including the ,islamic ,state1 ,palestinian ,islamic ,jihad1 ,boko ,haram1 ,al-,shabaab1 and al ,qai'da1 have repeatedly used similar human shield tactics in violation of international law4 7#ad7 ,the international community has routinely failed to hold terrorist organizations and their personnel accountable for the use of human shields4 ,in addition1 unlike many state actors1 there is no indication that terrorist organizations possess the capability or the will to investigate and prosecute their members for the use of human shields 7or indeed any other war crimes74 ,instead1 many terrorist organizations routinely use human shields as a deliberate tactic during armed conflict1 reflecting a complete disregard for the obligations established by international law to mitigate the risk to civilians4 7#ae7 ,absent appropriate and consistent international1 national1 and public condemnation and enforcement of the prohibitions against using human shields1 terrorist organizations will likely continue to engage in such criminal exploitation of civilians during armed conflicts4 #c4 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 officially and publicly condemn terrorist organizations and others that violate the international law of armed conflict by exploiting civilians1 other persons specially protected by international law1 or specially protected property1 in order to impede attack on or otherwise shield lawful targets from attack1 deliberately cause injury or death to civilians or other specially protected persons1 or destroy specially protected property2 and 7#b7 take effective action against those knowingly engaging in1 encouraging1 supporting1 ordering1 controlling1 directing1 facilitating1 enabling1 or otherwise being complicit in such violations of international law or attempts to commit such violations4 #d4 ,united ,nations ,security ,council ,the ,president should direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations ,security ,council to secure support for a resolution that would-- 7#a7 emphasize that the law of armed conflict imposes an obligation on all parties to any armed conflict1 including non-state organized armed groups1 of compliance2 7#b7 condemn the use of human shields and reinforce that such use is a violation of international law2 7#c7 impose multilateral sanctions against terrorist organizations for the use of human shields2 7#d7 require member states of the ,united ,nations to take specific steps to prevent the use of human shields and impose consequences on those who use1 attempt to use1 or encourage or support the use of human shields2 7#e7 require organizations and agencies of the ,united ,nations to track and report the use of human shields in monitored conflicts2 and 7#f7 specify steps to prevent1 and consequences for1 the use of ,united ,nations personnel or facilities as human shields4 #e4 ,sanctions on foreign persons responsible for serious violations of international law regarding the protection of civilians during armed conflict 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7c7 with respect to each person on the list required under subsection 7b74 7b7 ,list 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a list of the following3 7,a7 ,each foreign person that the ,president determines1 based on credible evidence-- 7i7 is a member of a group designated by the ,secretary of ,state as a foreign terrorist organization pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi71 including ,hamas or ,hizballah1 or is acting on behalf of such a group2 and 7ii7 knowingly encouraged1 ordered1 controlled1 or otherwise directed or was complicit in1 any attempt to use civilians or other persons specially protected by international law1 or property specially protected by international law1 to shield lawful targets from attack or to deliberately cause casualties to civilians or other specially protected persons or destruction to specially protected property4 7,b7 ,each foreign person1 or each agency or instrumentality of a foreign state1 that the ,president determines has knowingly1 on or after the date of the enactment of this ,act-- 7i7 encouraged1 supported1 ordered1 controlled1 directed1 or significantly facilitated1 directly or indirectly1 or otherwise been complicit in any act described in subparagraph 7,a77ii7 by a person listed pursuant to such subparagraph2 or 7ii7 attempted to encourage1 support1 order1 control1 direct1 significantly facilitate1 or otherwise be complicit in any such act by any person so listed4 7#b7 ,updates ,the ,president shall transmit to the appropriate congressional committees an update of the list required under paragraph 7#a7 as new information becomes available4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,blocking of property ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person or agency or instrumentality of a foreign state on the list required by subsection 7b7 if such property or interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens ineligible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien who the ,secretary of ,state or the ,secretary of ,homeland ,security 7or a designee of either such ,secretary7 determines is a foreign person on the list required under subsection 7b7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,any visa or other documentation issued to an alien who is a foreign person on the list required under subsection 7b71 regardless of when such visa or other documentation was issued1 shall be revoked and such alien shall be denied admission to the ,united ,states4 7ii7 ,effect of revocation ,a revocation under clause 7i7-- 7,i7 shall take effect immediately2 and 7,,ii7 shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation4 7,c7 ,exception to comply with ,united ,nations headquarters agreement ,the sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or with other applicable international agreements4 7d7 ,waiver ,the ,president may1 on a case-by-case basis1 waive the application of a sanction under this section with respect to a person or an agency or instrumentality of a foreign state for periods not longer than #ahj days if the ,president certifies to the appropriate congressional committees that such waiver is in the national security interest of the ,united ,states4 7e7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to any person that violates1 attempts to violate1 conspires to violate1 or causes a violation of any regulation promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section #bjf7;a7 of such ,act4 7f7 ,regulations 7#a7 ,in general ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 7#b7 ,issuance of regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall prescribe such regulations as may be necessary to implement this section4 7g7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to limit the authorities of the ,president pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 or any other relevant provision of law2 or 7#b7 to apply with respect to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq471 or to any authorized intelligence activities of the ,united ,states4 #f4 ,rule of construction ,nothing in this ,act shall be construed as an authorization of the use of force4 #g4 ,definitions ,in this ,act3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given such terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,agency or instrumentality of a foreign state ,the term agency or instrumentality of a foreign state has the meaning given such term in section #afjc7;b7 of title #bh1 ,united ,states ,code4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,financial ,services1 the ,committee on ,ways and ,means1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,foreign ,relations of the ,senate4 7#d7 ,foreign person ,the term foreign person has the meaning given such term in section #eid4cjd of title #ca1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7#e7 ,united ,states person ,the term ,united ,states person has the meaning given such term in section #eid4cae of title #ca1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4