Sec. 2. Findings
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Congress finds the following: The Russian Government’s war on Ukraine has exposed the systemic lack of compliance with international humanitarian law, jus in bello, on the part of the Russian military. Ukrainian civilians have been actively targeted by Russian troops, compounding their needless suffering and forcing non-combatants into a state of terror. These barbaric ways of war are inconsistent with five key principles of the law of armed conflict: distinction, proportionality, military necessity, hors de combat and unnecessary suffering.
It is vital that Russian war criminals are brought to justice. A key component of any atrocity crimes investigation includes the accurate and reliable testimony of witnesses. As war crimes judicial proceedings could take years, and cross many national jurisdictions, investigators must protect and have ready access to potential witnesses for a long period of time. Within the first 100 days of the war, over 11 million people – one quarter of Ukraine’s 44 million population – had been displaced from their homes, including five million people who fled the country.
There is reasonable concern that suspected atrocity crimes victims and survivors are less likely to testify as witnesses in potential legal proceedings, as they may be in danger of intimidation or not stay actively engaged due to lack of a support structure to sustain a lengthy investigation and trial, or as a result of having fled the country in which the atrocities were committed. Legal experts and civil society groups have identified an immediate need for supporting and protecting victims, survivors and witnesses of atrocity crimes, no matter where they are located, including ensuring such efforts are coordinated to minimize the risk of retraumatizing survivors.
Without requisite support, victims and survivors are less likely to accept the onerous burden of testifying against criminals, undermining their ability to attain some justice for their suffering, and reducing the ability to hold war criminals accountable for their actions. Therefore, it is necessary that the United States assist relevant authorities and civil society groups in protecting and supporting this vulnerable population within Ukraine and across borders.