S.Res. 722

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 722 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. RES. 722

Addressing the politicization of war crimes allegations against allied 
special operations forces.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 30, 2026

Ms. Ernst (for herself and Mr. Sheehy) submitted the following 
resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

RESOLUTION

Addressing the politicization of war crimes allegations against allied 
special operations forces.

Whereas the United States is bound by longstanding military alliances and 
partnerships with nations, including the United Kingdom, Australia, 
Canada, New Zealand, and other coalition allies, which have stood 
alongside United States forces in conflicts and international missions 
over decades, demonstrating shared sacrifice and commitment;
Whereas servicemembers from these allied nations have fought and bled beside 
United States troops in coalition operations, including collective 
security and counter terrorism missions in Afghanistan, Iraq, and other 
conflict zones, and have borne significant sacrifices, as evidenced by 
the 457 United Kingdom personnel and 41 Australian personnel who lost 
their lives during the Afghanistan war, among many others from allied 
countries;
Whereas the special operations forces of these partner nations (such as the 
United Kingdom's Special Air Service and Australia's Special Air Service 
Regiment and Commandos) have played an integral role in achieving 
coalition objectives, demonstrating exceptional courage, skill, and 
dedication in joint operations to advance global security and stability;
Whereas, in recent years, unjust allegations of war crimes have been raised 
against members of the special operations forces of certain allied 
countries, including Australia and the United Kingdom, based on actions 
during the Afghanistan conflict and other deployments, leading to 
heavily politicized official inquiries, leading to unwarranted 
investigations influenced by domestic politics;
Whereas retrospective and politically motivated accusations of war crimes, 
particularly those surfacing years after the events, without substantial 
evidence, risk undermining morale and trust by creating a perception 
that honorable service is being second-guessed for political gain, and 
such politicization of justice could erode the vital interoperability 
and cohesion among United States and allied forces;
Whereas the strain that politicized allegations can place on alliances and 
cooperation is exemplified by the United States warning in 2021 that 
these politically influenced ``findings'' of war crimes by Australian 
special forces in Afghanistan might trigger legal restrictions (under 
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and 
section 362 of title 10, United States Code (commonly known as the 
``Leahy Laws'')) on United States forces partnering with certain 
Australian units, thereby imperiling the hard-earned trust and 
integration between our militaries;
Whereas the United States and its allies share an interest in upholding the rule 
of law and ensuring that any alleged war crimes are investigated 
impartially and thoroughly, with due process and respect for justice, 
but also in ensuring that these processes remain free of political 
interference or attempts to score partisan or ideological points at the 
expense of servicemembers' reputations;
Whereas the United States, the United Kingdom, and allied nations conducted 
military operations in reliance on the Law of Armed Conflict as 
recognized in their official doctrine and treaty obligations;
Whereas retroactively applying novel or evolving interpretations of humanitarian 
law to past operations undermines the bedrock principle of legal 
certainty, invites politicized and selective prosecutions, punishes 
good-faith compliance efforts, erodes interoperability and trust among 
allies, inhibits timely decision making in combat, weakens deterrence, 
and emboldens adversaries who would weaponize legal ambiguity by 
signaling that service members and commanders cannot rely on the rules 
in force at the time; and
Whereas the integrity and strength of United States alliances are critical to 
United States national security, and preserving mutual respect and 
confidence is essential so that future coalition operations are not 
hampered by fear that members of the United States Armed Forces could be 
subject to unfair or politicized legal actions long after their missions 
end: Now, therefore, be it
Resolved, That it is the sense of Congress that--
(1) the United States profoundly appreciates and 
acknowledges the longstanding alliances with countries such as 
the United Kingdom, Australia, and other partner nations, and 
honors the service and sacrifices of their Armed Forces who 
have fought alongside United States troops in Afghanistan, 
Iraq, and other missions, and these sacrifices are exemplified 
by the lives lost and injuries suffered by allied 
servicemembers in these conflicts;
(2) allied forces participated in these collective security 
and counterterrorism operations at the behest of and in support 
of mutual defense agreements and United States-led missions, 
and their contributions were integral to the success of those 
missions, reflecting a shared commitment to global security;
(3) Congress expresses concern that retrospective, 
politically motivated accusations of war crimes against the 
special operations forces of United States allies, particularly 
when raised or revisited long after the fact, risk undermining 
the mutual trust, interoperability, and morale that underpin 
the United States-allied military relationships, and such 
accusations, if driven by political pressures rather than 
purely by facts and evidence, are viewed as detrimental to 
alliance unity and the confidence of our servicemembers;
(4) the executive branch, including the Department of 
Defense and the Department of State, is urged to work 
proactively with the governments of allied nations, such as 
Australia, the United Kingdom, and others, to ensure that any 
investigations or legal processes regarding alleged war crimes 
by their servicemembers are conducted without politicization, 
thereby bolstering confidence in the outcomes and reinforcing 
our mutual trust; and
(5) honoring the sacrifices of allied servicemembers and 
preserving the strength and cohesion of our alliances is in the 
national interest of the United States, and while the rule of 
law must always be respected, the politicization of war crimes 
allegations for short-term political purposes is strongly 
discouraged as it runs counter to our shared values and 
threatens to weaken the crucial alliances that safeguard 
international peace and security.
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