Sec. 1294. Report and determination on accountability for war crimes, crimes against humanity, and genocide in Burma
897 words·~4 min read·
/bill/116/hr/2500/pcs/section-1294·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this subtitle, the Secretary of State shall submit to the appropriate congressional committees a report that— summarizes credible reports of serious human rights violations, including war crimes, committed against the Rohingya or other ethnic minorities in Burma between 2012 and the date of the submission of the report; describes any potential transitional justice mechanisms in Burma; provides an analysis of whether the serious human rights violations summarized pursuant to paragraph
(1)amount to war crimes, crimes against humanity, or genocide; and includes a determination of the Secretary whether— the events that took place in the state of Rakhine in Burma, starting on August 25, 2017, constitute war crimes, crimes against humanity, or genocide; or the situation faced by the Rohingya in Rakhine State, between 2012 and the date of the submission of the report, amounts to or has amounted to the crime of apartheid. The report required by subsection
(a)shall also include each of the following: A description of— each incident for which there is credible evidence that the incident may constitute war crimes, crimes against humanity, or genocide committed by the Burmese military or security forces against the Rohingya and other ethnic minorities, including the identities of any other actors involved in such incident; the role of the civilian government in the commission of any such incidents; each incident for which there is credible evidence that the incident may constitute war crime, crimes against humanity, or genocide committed by violent extremist groups in Burma; each attack on health workers, health facilities, health transport, or patients and, to the extent possible, the identities of any individuals who engaged in or organized such incidents in Burma; and to the extent possible, a description of the conventional and unconventional weapons used for any such crimes and the sources of such weapons. A description and assessment, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and other heads of any other appropriate Federal departments or agencies, of the effectiveness of any programs that the United States has already undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated against the Rohingya by the military and security forces of Burma, the Rakhine State government, pro-government militias, and all other armed groups operating fighting in Rakhine, including programs to— train civilian investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, identify, and locate alleged perpetrators of war crimes, crimes against humanity, or genocide in Burma; promote and prepare for a transitional justice process or processes for the perpetrators of war crimes, crimes against humanity, and genocide occurring in the State of Rakhine in 2017; and document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Burma, including by providing support for Burmese, Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council's investigative team, and other entities engaged in such investigative activities. A detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, such as an international tribunal, a hybrid tribunal, or other international options, that includes— a discussion of the use of universal jurisdiction or of legal cases brought against the country of Burma by other sovereign countries at the International Court of Justice to address war crimes, crimes against humanity, and genocide perpetrated in Burma; recommendations on which transitional justice mechanisms the United States should support, why such mechanisms should be supported, and what type of support should be offered; and close consultation regarding transitional justice mechanisms with Rohingya representatives and those of other ethnic minorities who have suffered grave human rights abuses. The Secretary of State shall ensure that the identification of witnesses and physical evidence for purposes of the report required by subsection
(a)are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of such evidence by the military or Government of Burma. In this section, the term crime of apartheid means inhumane acts that— are of a character similar to the acts referred to in subparagraphs
(A)through
(H)of section 1285(2) ; are committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group; and are committed with the intention of maintaining such regime. The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that are undertaking the efforts described in subsection
(f)with respect to war crimes, crimes against humanity, and genocide perpetrated by the military and security forces of Burma, the Rakhine State government, pro-government militias, or any other armed groups fighting in Rakhine State. The efforts described in this subsection are the following: Identifying suspected perpetrators of war crimes, crimes against humanity, and genocide. Collecting, documenting, and protecting evidence of such crimes and preserve the chain of custody for such evidence. Conducting criminal investigations. Supporting investigations conducted by other countries, as appropriate. The Secretary of State, taking into account any relevant findings in the report required by subsection
(a), is authorized to provide support for 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 Burma.