[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5686 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5686
To prevent ethnic cleansing and atrocities against ethnic Armenians,
promote accountability for the same, protect and provide humanitarian
assistance to Armenians in Armenia and Nagorno-Karabakh impacted by
actions taken by the Government of Azerbaijan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2023
Mr. Smith of New Jersey (for himself, Mr. Bilirakis, and Mr. Sherman)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prevent ethnic cleansing and atrocities against ethnic Armenians,
promote accountability for the same, protect and provide humanitarian
assistance to Armenians in Armenia and Nagorno-Karabakh impacted by
actions taken by the Government of Azerbaijan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Ethnic Cleansing and
Atrocities in Nagorno-Karabakh Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In September 2020, Azerbaijan invaded Nagorno-Karabakh,
resulting in conflict in which more than 6,500 people in
Armenia, Azerbaijan, and Nagorno-Karabakh were killed.
(2) According to the United Nations High Commissioner for
Refugees (UNHCR), Azerbaijan's 2020 invasion resulted in the
displacement of more than 91,000 individuals from Nagorno-
Karabakh, with the vast majority, primarily women and children,
living in a ``refugee-like'' situation in the war's aftermath.
(3) People displaced by Azerbaijan's invasion of Nagorno-
Karabakh continue to have acute humanitarian needs, including
access to drinking water and health care.
(4) Human Rights Watch found that Azerbaijani forces
indiscriminately used cluster munitions and artillery rockets
against civilian targets and destroyed civilian infrastructure,
including hospitals and schools during the 2020 war.
(5) In September 2022, Azerbaijan unleashed another assault
on Armenian territory, including the cities of Vardenis, Sotk,
Artanish, Ishkhanasar, Goris, and Kapan, which killed almost
400 military personnel.
(6) Azerbaijani forces shelled Armenian communities in
September 2022, killing at least 4 civilians, injuring 14, and
displacing at least 7,600 people, including almost 1,500
children and 100 people with disabilities.
(7) In December 2022, Azerbaijan imposed a blockade of the
Lachin Corridor, a road by which 90 percent of food consumed by
residents of Nagorno-Karabakh previously entered the enclave.
(8) The International Court of Justice ordered Azerbaijan
in February 2023 to ``ensure unimpeded movement of persons,
vehicles, and cargo along the Lachin Corridor in both
directions'', a ruling with which it has failed to comply.
(9) Azerbaijan's installation of a military checkpoint in
the Lachin Corridor in April 2023 further threatened the supply
of urgent humanitarian goods to Nagorno-Karabakh.
(10) On August 6, 2023, the Armenian Ombudsperson reported
that no humanitarian aid had entered Nagorno-Karabakh since
June 15, and that miscarriages had tripled.
(11) On August 7, 2023, a United Nations group of experts
stated that Azerbaijan's ongoing blockade of the Lachin
Corridor ``is a humanitarian emergency that has created severe
shortages of essential food staples'' and threatens medical
reserves.
(12) On August 7, 2023, Luis Moreno Ocampo, former
Prosecutor of the International Criminal Court (2003-2012)
released an Expert Opinion that the actions of the Government
of Azerbaijan toward ethnic Armenians in Nagorno-Karabakh
constituted the crime of genocide under the Genocide
Convention, and urged that members of the United Nations
Security Council seek to refer the matter to the International
Criminal Court for investigation and prosecution under the
Genocide Convention.
(13) In certain instances, Azerbaijani authorities have
detained residents of Nagorno-Karabakh traveling to Armenia
through the Lachin Corridor, leaving ethnic Armenians who
choose to depart for Armenia to avoid starvation to wonder if
they can depart safely.
(14) According to the International Committee of the Red
Cross, residents of Nagorno-Karabakh lack life-saving
medication, hygiene products, and baby formula, and basic
foodstuffs are increasingly scarce.
(15) The United States Commission on International
Religious Freedom's 2023 Annual Report noted the documented
destruction of Armenian heritage sites in Nagorno-Karabakh,
including St. Sargis Church, while the European Parliament in
March 2023 condemned an Azerbaijani policy to ``erase and deny
Armenian cultural heritage in and around Nagorno-Karabakh''.
(16) In a September 2022 report, the United Nations
Committee on the Elimination of Racial Discrimination expressed
deep concern in Azerbaijan regarding ``[i]ncitement to racial
hatred and the propagation of racist stereotypes against
persons of Armenian national or ethnic origin, including on the
Internet and social media, as well as by public figures and
government officials, and the lack of detailed information on
investigations, prosecutions, convictions, and sanctions for
such acts''.
(17) Any peace agreement between Armenia and Azerbaijan
will only be sustainable if its includes protections for the
Armenian population of Nagorno-Karabakh.
(18) On September 19, 2023, Azerbaijan launched an assault
on Nagorno-Karabakh, and in the first days of that attack
killed more than 200 civilians, including children, and
wounding 400.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) long-standing U.S. policy not to recognize changes to
borders or political status that a party to a conflict attempts
to make by force or aggression should be applied in relation to
Azerbaijan, Nagorno-Karabakh, and Armenia;
(2) long-standing U.S. policy has been and should remain to
facilitate a negotiated settlement of Nagorno-Karabakh's
political status, neither recognizing Azerbaijan's claim to
sovereign authority over Nagorno-Karabakh, nor Nagorno-
Karabakh's claim to independence, but to promote resolution of
the question of its status through negotiation within the OSCE
Minsk Group;
(3) the U.S. should not recognize any settlement of
Nagorno-Karabakh's political status that is achieved as a
consequence of Azerbaijan's military invasion of Nagorno-
Karabakh in 2020, its blockade of Nagorno-Karabakh since
December 12, 2022, or the invasion that began on September 19,
2023, or its threats and coercion of Armenian leaders in
Nagorno-Karabakh, including by creating an atmosphere of
terror;
(4) numerous documented reports and evidences of
atrocities, war crimes, crimes against humanity, and genocide
committed by Azerbaijan in and around Nagorno-Karabakh should
be investigated and those responsible should be held
accountable, and the U.S. should play a leading role in
promoting this process;
(5) due to credible reports of ongoing atrocities against
ethnic Armenians following the Azerbaijani invasion of Artsakh
that began on September 19, 2023, the U.S. should press for
immediate access by international observers, including U.S.
diplomats, to promote verification of these reports;
(6) the United States should direct the United States
Representative to the United Nations to use the voice, vote,
and influence of the United States to refer the actions of the
Government of Azerbaijan toward ethnic Armenians in Nagorno-
Karabakh to the International Criminal Court for investigation
and prosecution under the Genocide Convention;
(7) Azerbaijan is conducting a campaign of ethnic cleansing
against Armenians living in Nagorno-Karabakh and the United
States and the international community have a responsibility to
provide immediate humanitarian support;
(8) the Government of Azerbaijan must immediately cease
actions that undermine the mission of the International
Committee of the Red Cross and restore unfettered humanitarian
access to the region, including by facilitating the transfer of
food, fuel, medicine, and hygiene products; and
(9) the Government of Azerbaijan should immediately release
all Armenian prisoners of war.
SEC. 4. HUMANITARIAN ASSISTANCE FOR ARMENIANS IN ARMENIA AND NAGORNO-
KARABAKH.
There is authorized to be appropriated to the United States Agency
for International Development, for fiscal year 2024, $30,000,000 to
provide humanitarian assistance to groups in Armenia and Nagorno-
Karabakh impacted by the 2020 Nagorno-Karabakh War, Azerbaijan's
September 2022 attack on Armenia, and Azerbaijan's blockade of the
Lachin Corridor.
SEC. 5. FREEDOM SUPPORT ACT SECTION 907 WAIVER REPEAL.
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115) (22 U.S.C. 5812
note) is amended, under the heading ``assistance for the independent
states of the former soviet union'', by striking paragraphs (2) through
(6) of subsection (g).
SEC. 6. FOREIGN MILITARY FINANCING.
(a) Authorization.--There is authorized to be appropriated
$12,000,000 for the Department of State for fiscal year 2024 for
Foreign Military Financing program assistance for the Republic of
Armenia.
(b) Purposes.--The Foreign Military Financing program assistance
authorized by subsection (a) shall be used to--
(1) support Armenia's sovereign independence;
(2) support joint training and exercises with the United
States;
(3) enhance United States-Armenia interoperability; and
(4) train Armenian forces for future international
peacekeeping operations.
SEC. 7. STRATEGY TO PROTECT THE RIGHTS OF PEOPLE IN NAGORNO-KARABAKH.
(a) Strategy Required.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a detailed strategy to ensure the
durable security for the people of Nagorno-Karabakh.
(b) Elements.--The strategy required by subsection (a) shall
include--
(1) incorporating the rights and security of the people in
Nagorno-Karabakh into any and all efforts to facilitate peace
talks between Armenia and Azerbaijan, including the right of
the ethnic Armenians to live safely in Nagorno-Karabakh; and
(2) a plan to work with leaders of Nagorno-Karabakh and the
international community to ensure--
(A) the establishment of accountability measures to
ensure the rights and security of the population of
Nagorno-Karabakh in the event that the Governments of
Armenia and Azerbaijan reach a peace agreement;
(B) the stationing of U.S. diplomats in Nagorno-
Karabakh in order that they can observe, interact with
and receive reports from inhabitants;
(C) support for the protection of Armenian cultural
heritage sites in Nagorno-Karabakh, including the 24-
hour video monitoring of those sites;
(D) Armenians in Nagorno-Karabakh are able maintain
their right to study according to a curriculum designed
by local representatives, worship according to their
chosen religious beliefs, and speak their preferred
language; and
(E) the survival of Armenian cultural heritage in
Nagorno-Karabakh, including monasteries, churches, and
cemeteries.
SEC. 8. ACCOUNTABILITY FOR ALLEGED AZERBAIJANI ATROCITIES DURING
SEPTEMBER 2022 ATTACK ON ARMENIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a detailed report regarding
evidence that Azerbaijan and its proxies violated international
humanitarian law and committed atrocities and war crimes during its
attacks on Armenia in September 2022 and on Nagorno-Karabakh in
September 2023.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the status of efforts to investigate,
verify, and promote accountability for alleged atrocities,
including war crimes and crimes against humanity that
Azerbaijani forces committed during the course of Azerbaijan's
attacks on Armenia in September 2022 and on Nagorno-Karabakh in
September 2023, and a description of any documented atrocities
to date.
(2) A description of United States support for efforts to
investigate, verify, and promote accountability for alleged
atrocities, including war crimes and crimes against humanity
that Azerbaijani forces committed during the course of attacks
on Armenia in September 2022 and on Nagorno-Karabakh in
September 2023.
(3) A description of efforts to promote justice for victims
of alleged atrocities, including statements by civilians who
were victimized.
(4) A strategy for diplomatic engagement to build support
multilaterally for widespread accountability for these
atrocities, including multilateral engagements, economic
sanctions, and visa restrictions, and freezing of foreign
assets by the perpetrators and their family members.
(5) Plans to deter future Azerbaijani attacks against
Armenia by expanding U.S.-Armenia joint exercises and other
forms of security cooperation.
SEC. 9. ENHANCED REPORTING RE INCITEMENT TO ETHNIC HATRED AND VIOLENCE,
HUMAN RIGHTS VIOLATIONS, ATROCITIES, WAR CRIMES, CRIMES
AGAINST HUMANITY AND GENOCIDE.
The State Department shall assess incitement of ethnic hatred and
violence, human rights violations, atrocities, war crimes, violations
of international humanitarian law, crimes against humanity, and
genocide, including elements of these crimes committed in Nagorno-
Karabakh and surrounding areas of Azerbaijan in relation to the
conflict over Nagorno-Karabakh since January 1, 2020. Such enhanced
reporting shall include gathering and evaluating evidence, including
that which is publicly available on Columbia University's Artsakh
Atrocities website, and including a description of documented
atrocities, and should also include information on perpetrators in
Azerbaijan's Armed Forces, as well as militias including Islamist armed
groups engaged on the ground.
(1) Such enhanced reporting shall be made available on the website
of the State Department.
(2) Evidence gathered pursuant to subsection (a) shall be available
to appropriate law enforcement or judicial authorities, including
appropriate national, regional or international justice mechanisms for
use as evidence to support the indictment and trial of any persons
responsible for human rights abuses including incitement to hatred,
violence, atrocities, ethnic cleansing, war crimes, crimes against
humanity and genocide.
SEC. 10. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF AZERBAIJAN RELATED TO ETHNIC CLEANSING IN
NAGORNO-KARABAKH.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and after making the determination required by
subsection (c), the President shall impose sanctions described in
subsection (d) with respect to each official of the Government of
Azerbaijan--
(1) specified in subsection (b); or
(2) determined by the President under subsection (c) to
have directed an attack or the blockade described in that
subsection.
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The President of Azerbaijan.
(2) The Minister of Defense of Azerbaijan.
(3) The Minister of Defense Industry of Azerbaijan.
(4) The Chief of the State Border Service of Azerbaijan.
(5) The Chief of the State Security Service of Azerbaijan.
(6) The Chief of the Foreign Intelligence Service of
Azerbaijan.
(c) Identification of Additional Officials.--Not later than 30 days
after the date of the enactment of this Act, the President shall
determine whether any officials of the Government of Azerbaijan, in
addition to the officials specified in subsection (b), directed--
(1) operations that instigated the 2020 Nagorno-Karabakh
War;
(2) attacks on Armenia in September 2022;
(3) the blockade of the Lachin Corridor beginning in
December 2022; or
(4) attacks on Nagorno-Karabakh in September 2023.
(d) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to an official described in that subsection
include any of the sanctions authorized under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656), or any
other provision of law.
(e) National Security Waiver.--The President may waive the
imposition of sanctions under this section with respect to an official
described in subsection (a) if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
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