S. 905 — what changed

March 2017 marks the sixth year of the ongoing conflict in Syria.

As of February 2017—

more than 600,000 people are living under siege in Syria;

approximately 6,300,000 people are displaced from their homes inside Syria; and

approximately 4,900,000 Syrians have fled to neighboring countries as refugees.

Since the conflict in Syria began, the United States has provided more than $5,900,000,000 to meet humanitarian needs in Syria, making the United States the world’s single largest donor by far to the Syrian humanitarian response.

In response to growing concerns over systemic human rights violations in Syria, the Independent International Commission of Inquiry on the Syrian Arab Republic (referred to in this section as “COI”) was established on August 22, 2011. The purpose of COI is to “investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic, to establish the facts and circumstances that may amount to such violations and of the crimes perpetrated and, where possible, to identify those responsible with a view to ensuring that perpetrators of violations, including those that may constitute crimes against humanity, are held accountable”.

On December 21, 2016, the United Nations General Assembly adopted a resolution to establish the International, 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 2011.

The 2016 United States Commission on International Religious Freedom Annual Report states that in Syria “[r]eports have emerged from all groups, including Muslims, Christians, Ismailis, and others, of gross human rights violations, including beheading, rape, murder, torture of civilians and religious figures, and the destruction of mosques and churches.”.

On February 7, 2017, Amnesty International reported that between 5,000 and 13,000 people were extrajudicially executed in the Saydnaya Military Prison between September 2011 and December 2015.

In February 2017, COI released a report—

stating that a joint United Nations-Syrian Arab Red Crescent convoy in Orum al-Kubra, Syria, was attacked by air on September 19, 2016;

explaining that the attack killed at least 14 civilian aid workers, injured at least 15 others, and destroyed trucks, food, medicine, clothes, and other supplies; and

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 workers, constituting the war crimes of deliberately attacking humanitarian relief personnel, denial of humanitarian aid and targeting civilians.”.

On October 21, 2016, the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism transmitted its fourth report, which concluded that the Syrian Arab Armed Forces and the Islamic State in Iraq and Syria (ISIS) have both used chemical weapons against villages in Syria.

On August 11, 2016, COI released a report stating that certain offenses, including deliberately attacking hospitals, executions without due process, and the massive and systematized nature of deaths in state-controlled detention facilities in Syria, constitute war crimes and crimes against humanity.

Physicians for Human Rights reported that, between March 2011 and the end of July 2016, Syrian government and allied forces—

had committed 362 attacks on medical facilities (including through the use of indiscriminate barrel bombs on at least 74 occasions); and

had killed 768 medical personnel.

Appropriate congressional committees— The term appropriate congressional committees means—

the Committee on Foreign Relations of the Senate; and

the Committee on Foreign Affairs of the House of Representatives.

Genocide— The term genocide means any offense described in section 1091(a) of title 18, United States Code.

Hybrid tribunal— The term hybrid tribunal means a temporary criminal tribunal that involves a combination of domestic and international lawyers, judges, and other professionals to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide.

Transitional justice— The term transitional justice means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes—

to redress legacies of atrocities; and

to promote long-term, sustainable peace.

War crime— The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code.

identify suspected perpetrators of war crimes, crimes against humanity, and genocide;

collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence;

conduct criminal investigations;

build Syria’s investigative and judicial capacities and support prosecutions in the domestic courts of Syria, provided that President Bashar al-Assad is no longer in power;

support investigations by third-party states, as appropriate; or

protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms.

Additional assistance— The Secretary of State, after consultation with appropriate Federal agencies and the appropriate congressional committees, and taking into account the findings of the transitional justice study required under section 6, is authorized to provide assistance to support the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Syria beginning in March 2011.

Briefing— The Secretary of State shall provide detailed, biannual briefings to the appropriate congressional committees describing the assistance provided to entities described in subsection (a).