Bill

A BILL

To impose sanctions against perpetrators of crimes against humanity and genocide in Darfur, Sudan, 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 `Darfur Genocide Accountability Act of 2005'.

SEC. 2. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

(2) GOVERNMENT OF SUDAN- The term `Government of Sudan' means the National Congress Party-led government in Khartoum, Sudan, or the successor Government of National Unity to be formed pursuant to the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People's Liberation Movement in Nairobi, Kenya on January 9, 2005. Measures against the Government of Sudan, as defined in this paragraph, shall not apply to the Government of South Sudan (GOSS) or to areas formerly under the control of opposition groups.

(3) MEMBER STATES- The term `member states' means the member states of the United Nations.

(4) SUDAN NORTH-SOUTH PEACE AGREEMENT- The term `Sudan North-South Peace Agreement' means the Comprehensive Peace Agreement signed by the Government of Sudan and the Sudan People's Liberation Movement/Army on January 9, 2005.

SEC. 3. FINDINGS.

Congress makes the following findings:

(1) On July 22, 2004, the House of Representatives and the Senate declared that the atrocities occurring in Darfur, Sudan, are genocide.

(2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, `[w]hen we reviewed the evidence compiled by our team, along with other information available to the State Department, we concluded that genocide has been committed in Darfur and that the Government of Sudan and the [Janjaweed] bear responsibility--and genocide may still be occurring'.

(3) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556, calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law and carried out other atrocities in the Darfur region.

(4) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564, determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556, calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry into violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 and 1564, such as actions to affect Sudan's petroleum sector.

(5) In late January 2005, the International Commission of Inquiry on Darfur submitted a 176-page report to Secretary General Kofi Annan detailing the atrocities committed by the Government of Sudan and its Janjaweed militia allies.

(6) The Commission declared that `based on thorough analysis of the information gathered in the course of the investigations, the Commission established that the Government of Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law.'.

(7) The Commission further stated that Sudanese Government officials and other individuals may have committed genocidal acts, and submitted a sealed document with 51 suspects for prosecution by the International Criminal Court (ICC).

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that--

(1) the atrocities unfolding in Darfur, Sudan, are genocide;

(2) the Comprehensive Peace Agreement between the Government of Sudan and the Sudan People's Liberation Movement/Army must be fully and unconditionally implemented and a new coalition government established under such Agreement;

(3) the African Union must amend the mandate of the African Union Mission in the Sudan to focus directly on protecting civilians from attacks and to neutralize the Janjaweed militia and other militia groups engaged in attacks against civilians;

(4) the United Nations or NATO should deploy at least 10,000 troops to the Darfur region to augment the African Union Mission in the Sudan;

(5) the United States strongly condemns attacks on humanitarian workers and calls on all forces in Darfur, including forces of the Government of Sudan, all militia, and forces of the Sudan Liberation Army/Movement and the Justice and Equality Movement, to refrain from such attacks;

(6) the President should appoint a Presidential Special Envoy to Sudan--

(A) to seek comprehensive peace throughout Sudan;

(B) to support the implementation of the Sudan North-South Peace Agreement;

(C) to find ways to bring stability and peace to Darfur;

(D) to address instability throughout Sudan; and

(E) to address the related crisis in Northern Uganda;

(7) the United States should support accountability through action by the United Nations Security Council, pursuant to chapter VII of the Charter of the United Nations, to ensure the prompt prosecution and adjudication in a competent international court of justice or the United States-proposed Sudan Tribunal of individuals responsible for war crimes, crimes against humanity, and genocide; and

(8) the President of the United States shall instruct the United States Permanent Representative to the United Nations to demand--

(A) the extension of the military embargo to the Government of Sudan, as called for in paragraphs 7 through 9 of United Nations Security Council Resolution 1556;

(B)