,,ii #aaeth ,,congress #ast ,session ,s4 #ije ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjag,mr4 ,cardin 7for himself1 ,mr4 ,rubio1 ,mr4 ,corker1 ,mrs4 ,shaheen1 ,mr4 ,menendez1 and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to require a report on1 and to authorize technical assistance for1 accountability for war crimes1 crimes against humanity1 and genocide in ,syria1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,syrian ,war ,crimes ,accountability ,act of #bjag 4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,sense of ,congress4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,report on accountability for war crimes1 crimes against humanity1 and genocide in ,syria4 ,sec4 #f4 ,transitional justice study4 ,sec4 #g4 ,technical assistance authorized4 ,sec4 #h4 ,state ,department ,rewards for ,justice ,program4 ,sec4 #i4 ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic4 #b4 ,findings ,congress makes the following findings3 7#a7 ,march #bjag marks the sixth year of the ongoing conflict in ,syria4 7#b7 ,as of ,february #bjag-- 7,a7 more than #fjj1jjj people are living under siege in ,syria2 7,b7 approximately #f1cjj1jjj people are displaced from their homes inside ,syria2 and 7,c7 approximately #d1ijj1jjj ,syrians have fled to neighboring countries as refugees4 7#c7 ,since the conflict in ,syria began1 the ,united ,states has provided more than #e1ijj1jjj1jjj to meet humanitarian needs in ,syria1 making the ,united ,states the world's single largest donor by far to the ,syrian humanitarian response4 7#d7 ,in response to growing concerns over systemic human rights violations in ,syria1 the ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic 7referred to in this section as ,,coi7 was established on ,august #bb1 #bjaa4 ,the purpose of ,,coi is to investigate all alleged violations of international human rights law since ,march #bjaa in the ,syrian ,arab ,republic1 to establish the facts and circumstances that may amount to such violations and of the crimes perpetrated and1 where possible1 to identify those responsible with a view to ensuring that perpetrators of violations1 including those that may constitute crimes against humanity1 are held accountable4 7#e7 ,on ,december #ba1 #bjaf1 the ,united ,nations ,general ,assembly adopted a resolution to establish the ,international1 ,impartial and ,independent ,mechanism to ,assist in the ,investigation and ,prosecution of ,those ,responsible for the ,most ,serious ,crimes under ,international ,law ,committed in the ,syrian ,arab ,republic since ,march #bjaa4 7#f7 ,the #bjaf ,united ,states ,commission on ,international ,religious ,freedom ,annual ,report states that in ,syria reports have emerged from all groups1 including ,muslims1 ,christians1 ,ismailis1 and others1 of gross human rights violations1 including beheading1 rape1 murder1 torture of civilians and religious figures1 and the destruction of mosques and churches44 7#g7 ,on ,february #g1 #bjag1 ,amnesty ,international reported that between #e1jjj and #ac1jjj people were extrajudicially executed in the ,saydnaya ,military ,prison between ,september #bjaa and ,december #bjae4 7#h7 ,in ,february #bjag1 ,,coi released a report-- 7,a7 stating that a joint ,united ,nations-,syrian ,arab ,red ,crescent convoy in ,orum al-,kubra1 ,syria1 was attacked by air on ,september #ai1 #bjaf2 7,b7 explaining that the attack killed at least #ad civilian aid workers1 injured at least #ae others1 and destroyed trucks1 food1 medicine1 clothes1 and other supplies2 and 7,c7 concluding that the attack was meticulously planned and ruthlessly carried out by the ,syrian air force to purposefully hinder the delivery of humanitarian aid and target aid workers1 constituting the war crimes of deliberately attacking humanitarian relief personnel1 denial of humanitarian aid and targeting civilians44 7#i7 ,on ,october #ba1 #bjaf1 the ,organization for the ,prohibition of ,chemical ,weapons-,united ,nations ,joint ,investigative ,mechanism transmitted its fourth report1 which concluded that the ,syrian ,arab ,armed ,forces and the ,islamic ,state in ,iraq and ,syria 7,,isis7 have both used chemical weapons against villages in ,syria4 7#aj7 ,on ,august #aa1 #bjaf1 ,,coi released a report stating that certain offenses1 including deliberately attacking hospitals1 executions without due process1 and the massive and systematized nature of deaths in state-controlled detention facilities in ,syria1 constitute war crimes and crimes against humanity4 7#aa7 ,physicians for ,human ,rights reported that1 between ,march #bjaa and the end of ,july #bjaf1 ,syrian government and allied forces-- 7,a7 had committed #cfb attacks on medical facilities 7including through the use of indiscriminate barrel bombs on at least #gd occasions72 and 7,b7 had killed #gfh medical personnel4 7#ab7 ,the ,department of ,state's #bjaf ,country ,reports on ,human ,rights ,practices-- 7,a7 details ,president ,bashar al-,assad's use of indiscriminate and deadly force against civilians1 conducting air and ground-based military assaults on cities1 residential areas1 and civilian infrastructure2 7,b7 explains that these attacks included bombardment with improvised explosive devices1 commonly referred to as barrel bombs '''2 and 7,c7 reports that the government of ,syria continued the use of torture and rape1 including of children4 7#ac7 ,on ,march #ag1 #bjaf1 ,secretary of ,state ,john ,kerry stated3 ,in my judgment1 ,daesh is responsible for genocide against groups in areas under its control1 including ,yezidis1 ,christians1 and ,shia ,muslims4 ''' ,the ,united ,states will strongly support efforts to collect1 document1 preserve1 and analyze the evidence of atrocities1 and we will do all we can to see that the perpetrators are held accountable44 7#ad7 ,in ,february #bjaf1 ,,coi reported that-- 7,a7 crimes against humanity continue to be committed by ,syrian ,government forces and by ,,isis2 7,b7 the ,syrian government has committed the crimes against humanity of extermination1 murder1 rape or other forms of sexual violence1 torture1 imprisonment1 enforce disappearance and other inhuman acts2 and 7,c7 accountability for these and other crimes must form part of any political solution4 7#ae7 ,credible civil society organizations collecting evidence of war crimes1 crimes against humanity1 and genocide in ,syria report that at least #ab countries in western ,europe and ,north ,america have requested assistance on investigating such crimes4 #c4 ,sense of ,congress ,congress-- 7#a7 strongly condemns-- 7,a7 the ongoing violence1 use of chemical weapons1 targeting of civilian populations with barrel1 incendiary1 and cluster bombs and ,,scud missiles1 and systematic gross human rights violations carried out by the ,government of ,syria and pro-government forces under the direction of ,president ,bashar al-,assad2 and 7,b7 all abuses committed by violent extremist groups and other combatants involved in the civil war in ,syria2 7#b7 expresses its support for the people of ,syria seeking democratic change2 7#c7 urges all parties to the conflict-- 7,a7 to immediately halt indiscriminate attacks on civilians2 7,b7 to allow for the delivery of humanitarian and medical assistance2 and 7,c7 to end sieges of civilian populations2 7#d7 calls on the ,president to support efforts in ,syria1 and on the part of the international community1 to ensure accountability for war crimes1 crimes against humanity1 and genocide committed during the conflict2 and 7#e7 supports the request in ,united ,nations ,security ,council ,resolutions #baci 7#bjad71 #bafe 7#bjad71 and #baia 7#bjad7 for the ,secretary-,general to regularly report to the ,security ,council on implementation on the resolutions1 including of paragraph #b of ,resolution #baci1 which demands that all parties immediately put an end to all forms of violence and cease and desist from all violations of international humanitarian law and violations and abuses of human rights4 #d4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,genocide ,the term genocide means any offense described in section #ajia7;a7 of title #ah1 ,united ,states ,code4 7#c7 ,hybrid tribunal ,the term hybrid tribunal means a temporary criminal tribunal that involves a combination of domestic and international lawyers1 judges1 and other professionals to prosecute individuals suspected of committing war crimes1 crimes against humanity1 or genocide4 7#d7 ,transitional justice ,the term transitional justice means the range of judicial1 nonjudicial1 formal1 informal1 retributive1 and restorative measures employed by countries transitioning out of armed conflict or repressive regimes-- 7,a7 to redress legacies of atrocities2 and 7,b7 to promote long-term1 sustainable peace4 7#e7 ,war crime ,the term war crime has the meaning given the term in section #bdda7;c7 of title #ah1 ,united ,states ,code4 #e4 ,report on accountability for war crimes1 crimes against humanity1 and genocide in ,syria 7a7 ,in general ,the ,secretary of ,state shall submit a report on war crimes1 crimes against humanity1 and genocide in ,syria to the appropriate congressional committees not later than #ij days after the date of the enactment of this ,act and another such report not later than #ahj days after the ,secretary of ,state determines that the violence in ,syria has ceased4 7b7 ,elements ,the reports required under subsection 7a7 shall include-- 7#a7 a description of alleged war crimes1 crimes against humanity1 and genocide perpetrated during the civil war in ,syria1 including-- 7,a7 incidents that may constitute war crimes1 crimes against humanity1 or genocide committed by the regime of ,president ,bashar al-,assad and all forces fighting on its behalf2 7,b7 incidents that may constitute war crimes1 crimes against humanity1 or genocide committed by violent extremist groups1 anti-government forces1 and any other combatants in the conflict2 7,c7 any incidents that may violate the principle of medical neutrality and1 if possible1 the identification of the individual or individuals who engaged in or organized such incidents2 and 7,d7 if possible1 a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons2 and 7#b7 a description and assessment by the ,department of ,state ,office of ,global ,criminal ,justice1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 and other appropriate agencies of programs that the ,united ,states ,government has undertaken to ensure accountability for war crimes1 crimes against humanity1 and genocide perpetrated against the people of ,syria by the regime of ,president ,bashar al-,assad1 violent extremist groups1 and other combatants involved in the conflict1 including programs-- 7,a7 to train investigators within and outside of ,syria on how to document1 investigate1 develop findings of1 and identify and locate alleged perpetrators of war crimes1 crimes against humanity1 or genocide1 including-- 7i7 the number of ,united ,states ,government or contract personnel currently designated to work full-time on these issues2 and 7ii7 the identification of the authorities and appropriations being used to support such training efforts2 7,b7 to promote and prepare for a transitional justice process or processes for the perpetrators of war crimes1 crimes against humanity1 and genocide in ,syria beginning in ,march #bjaa2 7,c7 to document1 collect1 preserve1 and protect evidence of war crimes1 crimes against humanity1 and genocide in ,syria1 including support for ,syrian1 foreign1 and international nongovernmental organizations1 and other entities1 including the ,international1 ,impartial and ,independent ,mechanism to ,assist in the ,investigation and ,prosecution of ,persons ,responsible for the ,most ,serious ,crimes under ,international ,law ,committed in the ,syrian ,arab ,republic since ,march #bjaa and the ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic2 and 7,d7 to assess the influence of accountability measures on efforts to reach a negotiated settlement to the ,syrian conflict during the reporting period4 7c7 ,form ,the report required under subsection 7a7 may be submitted in unclassified or classified form1 but shall include a publicly available annex4 7d7 ,protection of witnesses and evidence ,the ,secretary shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the ,government of ,syria1 violent extremist groups1 anti-government forces1 or any other combatants or participants in the conflict4 #f4 ,transitional justice study ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state 7acting through appropriate officials and offices1 which may include the ,office of ,global ,criminal ,justice71 after consultation with the ,department of ,justice1 the ,united ,states ,agency for ,international ,development1 and other appropriate ,federal agencies1 shall-- 7#a7 complete a study of the feasibility and desirability of potential transitional justice mechanisms for ,syria1 including a hybrid tribunal1 to address war crimes1 crimes against humanity1 and genocide perpetrated in ,syria beginning in ,march #bjaa2 and 7#b7 submit a detailed report of the results of the study conducted under paragraph 7#a71 including recommendations on which transitional justice mechanisms the ,united ,states ,government should support1 why such mechanisms should be supported1 and what type of support should be offered1 to-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 #g4 ,technical assistance authorized 7a7 ,in general ,the ,secretary of ,state 7acting through appropriate officials and offices1 which may include the ,office of ,global ,criminal ,justice71 after consultation with the ,department of ,justice and other appropriate ,federal agencies1 is authorized to provide appropriate assistance to support entities that1 with respect to war crimes1 crimes against humanity1 and genocide perpetrated by the regime of ,president ,bashar al-,assad1 all forces fighting on its behalf1 and violent extremist groups in ,syria beginning in ,march #bjaa-- 7#a7 identify suspected perpetrators of war crimes1 crimes against humanity1 and genocide2 7#b7 collect1 document1 and protect evidence of crimes and preserve the chain of custody for such evidence2 7#c7 conduct criminal investigations2 7#d7 build ,syria's investigative and judicial capacities and support prosecutions in the domestic courts of ,syria1 provided that ,president ,bashar al-,assad is no longer in power2 7#e7 support investigations by third-party states1 as appropriate2 or 7#f7 protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms4 7b7 ,additional assistance ,the ,secretary of ,state1 after consultation with appropriate ,federal agencies and the appropriate congressional committees1 and taking into account the findings of the transitional justice study required under section #f1 is authorized to provide assistance to support the creation and operation of transitional justice mechanisms1 including a potential hybrid tribunal1 to prosecute individuals suspected of committing war crimes1 crimes against humanity1 or genocide in ,syria beginning in ,march #bjaa4 7c7 ,briefing ,the ,secretary of ,state shall provide detailed1 biannual briefings to the appropriate congressional committees describing the assistance provided to entities described in subsection 7a74 #h4 ,state ,department ,rewards for ,justice ,program ,section #cf7;b77#aj7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgjh7;b77#aj77 is amended by inserting 7including war crimes1 crimes against humanity1 or genocide committed in ,syria beginning in ,march #bjaa7 after genocide4 #i4 ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic ,the ,secretary of ,state1 acting through the ,united ,states ,permanent ,representative to the ,united ,nations1 should use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to advocate that the ,united ,nations ,human ,rights ,council1 while the ,united ,states remains a member1 annually extend the mandate of the ,independent ,international ,commission of ,inquiry on the ,syrian ,arab ,republic until the ,commission has completed its investigation of all alleged violations of international human rights laws beginning in ,march #bjaa in the ,syrian ,arab ,republic4