Calling on the President to support the creation of a Special Tribunal for the Punishment of the Crime of Aggression against Ukraine.

IV 118TH CONGRESS 1ST SESSION H. RES. 81 Calling on the President to support the creation of a Special Tribunal for the Punishment of the Crime of Aggression against Ukraine. IN THE HOUSE OF REPRESENTATIVES JANUARY 31, 2023 Mr. KEATING (for himself, Mr. WILSON of South Carolina, Ms. KAPTUR, Mr. FITZPATRICK, Mr. QUIGLEY, and Mr. MCGOVERN) submitted the fol- lowing resolution; which was referred to the Committee on Foreign Af- fairs RESOLUTION Calling on the President to support the creation of a Special Tribunal for the Punishment of the Crime of Aggression against Ukraine. Whereas on February 24, 2022, the Russian Federation initi- ated the full scale invasion of Ukraine; Whereas the Russian Federation’s full-scale invasion of Ukraine has resulted in enormous destruction of civilian infrastructure in Ukraine, the displacement of millions of Ukrainians both inside Ukraine and abroad, mass disrup- tion of global food supplies resulting in increased food in- security for the world’s most vulnerable populations as well as the death of thousands of Ukrainians civilians and military personnel; VerDate Sep 11 2014 02:08 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR81.IH HR81 kjohnson on DSK79L0C42PROD with BILLS 2 •HRES 81 IH Whereas Article 1(1) the Charter of the United Nations states that it is the purpose of the United Nations to ‘‘maintain international peace and security, and to that end: to take effective collective measures for the preven- tion and removal of threats to the peace, and for the sup- pression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in con- formity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace’’; Whereas Article 2(4) of the Charter of the United Nations states that ‘‘All Members shall refrain in their inter- national relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Pur- poses of the United Nations’’; Whereas United Nations General Assembly Resolution 3314 defines aggression as ‘‘the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition’’; Whereas General Assembly Resolution 3314 defines the fol- lowing acts, regardless of a declaration of war, as quali- fying as an act of aggression: (1) The invasion or attack by the Armed Forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such inva- sion or attack, or any annexation by the use of force of the territory of another State or part thereof; (2) Bombardment by the Armed Forces of a State against the territory of another State or the use of any VerDate Sep 11 2014 02:08 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR81.IH HR81 kjohnson on DSK79L0C42PROD with BILLS 3 •HRES 81 IH weapons by a State against the territory of another State; (3) The blockade of the ports or coasts of a State by the Armed Forces of another State; (4) An attack by the Armed Forces of a State on the land, sea or air forces, or marine and air fleets of an- other State; (5) The use of Armed Forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement; (6) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of ag- gression against a third State; and (7) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein; and Whereas the Russian Federation’s unprecedented full-scale invasion of Ukraine has reached a critical point requiring immediate and decisive action by the international com- munity: Now, therefore, be it Resolved, That the House of Representatives— 1 (1) condemns in the strongest terms the Rus- 2 sian Federation’s full-scale invasion of Ukraine; 3 (2) supports the people of Ukraine in their 4 fight for freedom, independence and democracy; 5 VerDate Sep 11 2014 02:08 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR81.IH HR81 kjohnson on DSK79L0C42PROD with BILLS 4 •HRES 81 IH (3) underscores Ukraine’s sovereignty and terri- 1 torial integrity within its internationally recognized 2 borders; 3 (4) finds that there is significant evidence to 4 suggest that individual leaders of the Russian Fed- 5 eration are culpable of committing the crime of ag- 6 gression against Ukraine and this requires proper 7 adjudication by the international community; 8 (5) recognizes the need for the creation of a 9 Special Tribunal on the Crime of Aggression against 10 Ukraine; 11 (6) identifies an agreement between Ukraine 12 and the United Nations following a favorable United 13 Nations General Assembly vote as one option to- 14 wards the creation of such an international tribunal; 15 and 16 (7) urges the President to take all available 17 measures to support the creation of a Special Tri- 18 bunal for Crime of Aggression against Ukraine. 19 Æ VerDate Sep 11 2014 02:08 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HR81.IH HR81 kjohnson on DSK79L0C42PROD with BILLS