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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4095 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4095
To call for accountability for the killing of innocent civilians,
including 5-year-old Hind Rajab and two paramedics, in an attack in
Gaza City on January 29, 2024, by Israel Defense Forces, to require the
Secretary of State to report to Congress on the attack, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2026
Mr. Welch (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To call for accountability for the killing of innocent civilians,
including 5-year-old Hind Rajab and two paramedics, in an attack in
Gaza City on January 29, 2024, by Israel Defense Forces, to require the
Secretary of State to report to Congress on the attack, 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 ``Justice for Hind Rajab Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since October 7, 2023, the United States has provided
more than $21,700,000,000 in military assistance to Israel,
which has funded a majority of the expenses needed by the
Israel Defense Forces to conduct the war in Gaza.
(2) According to information from the Government of Israel,
an estimated 10,000 people from the United States were
activated for the war in Gaza.
(3) According to reports from the Gaza Ministry of Health,
more than 20,000 children have been killed in Gaza since
October 7, 2023.
(4) Since October 7, 2023, at least 1,700 health workers
have been killed in Gaza.
(5) On January 29, 2024, 5-year-old Hind Rami Iyad Rajab,
along with 6 members of her extended family, were killed in a
passenger car by Israel Defense Forces (referred to in this Act
as ``IDF'') tank and machine gun fire while she and her family
were fleeing fighting in Gaza City.
(6) A forensic investigation conducted by Forensic
Architecture discovered a total of 335 bullet holes in the car
in which Hind Rajab was riding.
(7) Two Palestine Red Crescent paramedics attempting to
rescue Hind Rajab in a marked ambulance along an approved route
were also killed by Israeli tank fire as they approached the
car.
(8) Forensic analysis determined the weapons and munitions
used in the attacks were consistent with IDF-issued weaponry,
including the M4 carbine assault rifle, the FN MAG machine gun
on a Merkava battle tank, and 120mm M830A1 High Explosive Anti-
Tank Multi-Purpose-Tracers, much of which is provided by, or
includes components from, the United States.
(9) Forensic analysis and satellite imagery determined that
an Israeli Merkava tank, which uses parts and components
manufactured in the United States, was in proximity to the car
on the day of the attack and consistent with the weapons used
to kill Hind Rajab and her family.
(10) On April 16, 2024, a Department of State spokesperson
said the Department would ask Israel for further information
about the attacks and would welcome a full investigation into
the matter.
(11) Section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d; commonly known as the ``Leahy Law'') prohibits
the Secretary of State from providing assistance to any unit of
a foreign security force if the Secretary ``has credible
information that such unit has committed a gross violation of
human rights''.
SEC. 3. PROSECUTION OF WAR CRIMES.
(a) Referral by Secretary of State.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State shall
certify to the appropriate congressional committees that if there is
credible information indicating the attacks on January 29, 2024, which
caused the deaths of Hind Rajab, members of her family, and two
Palestine Red Crescent paramedics, could constitute war crimes and
involved the use of United States-origin weapons or munitions, United
States citizens, or IDF personnel trained by the United States, the
Secretary will, not later than 15 days after such certification, refer
such findings to the Attorney General for prosecution of those
responsible for such attacks.
(b) Investigation by Attorney General.--Not later than 30 days
after the date of the enactment of this Act, the Attorney General shall
certify to the appropriate congressional committees that the Department
of Justice will--
(1) review any referral received from the Secretary of
State regarding the Gaza City attacks of January 29, 2024; and
(2) upon receiving such referral, initiate an investigation
and prosecutions for war crimes in accordance with section 2441
of title 18, United States Code, as appropriate, to the extent
such actions fall within the jurisdiction of the United States
courts.
SEC. 4. REPORT ON THE GAZA CITY ATTACKS ON JANUARY 29, 2024.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Attorney General and the Secretary of Defense, shall submit a report to
the appropriate congressional committees regarding the Gaza City
attacks of January 29, 2024, as described in section 2.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include--
(1) all the information available to the United States
Government regarding--
(A) the identity of the IDF or other Israeli
security force units that were involved in the attacks
referred to in subsection (a);
(B) the underlying operational motivation for the
attacks;
(C) any actions taken by the Government of Israel
to investigate the attacks and to hold accountable the
individuals who were responsible for the attacks;
(D) whether any of the soldiers involved in the
attacks were United States citizens;
(E) whether the IDF used any weapons or ammunition
in the attacks that were provided by the United States;
and
(F) whether any of the IDF personnel involved in
the attacks were trained by the United States;
(2) all actions taken by the Department of State to submit
inquiries or requests for information to the Government of
Israel regarding the attacks pursuant to the Department's
formal acknowledgment of the attacks and commitment to seek
such information;
(3) all actions by the Department of State to request
information from the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) and other components of the United States Government
regarding the attacks;
(4) the extent to which the Secretary of State and the
Secretary of Defense initiated an inquiry or investigation to
determine if the attacks constituted a ``gross violation of
human rights'' for purposes of mandatory compliance with
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d) and section 362 of title 10, United States Code,
respectively (commonly known as the ``Leahy Laws'');
(5) the findings of any other Department of State reviews,
policy recommendations, or internal investigations related to
the attack, including actions taken under the Department of
State's Civilian Harm Incident Response Guidance; and
(6) whether the Department of Justice--
(A) has received information regarding the attacks;
(B) has relayed such information to the Human
Rights and Special Prosecutions Section; and
(C) has established a record of such documents and
the receipt of such information.
SEC. 5. COMPENSATION.
It is the sense of Congress that--
(1) the Government of Israel should provide acknowledgment,
apology, and compensation to the families of Hind Rajab and of
the paramedics who were killed in the attacks on January 29,
2024, in consideration of the input and wishes of the families;
and
(2) the Department of State should also provide
compensation to such families if it is determined that United
States-origin weapons or munitions were involved in the
attacks.
SEC. 6. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to collect, analyze, and preserve evidence and
information relating to possible war crimes and atrocities
committed during the Israel-Hamas war that began on October 7,
2023, for use in domestic, foreign, and international courts
and tribunals prosecuting those responsible for such crimes,
including evidence and information relating to the attacks on
January 29, 2024, which caused the deaths of Hind Rajab,
members of her family, and two Palestine Red Crescent
paramedics;
(2) to continue efforts to identify, deter, and pursue
accountability for war crimes and other atrocities committed in
conflicts around the world, including through the investigation
and prosecution of crimes by the Department of Justice under
section 2441 of title 18, United States Code (commonly known as
the ``War Crimes Act of 1996'');
(3) to consider the willful killing of protected persons,
including civilians and medical personnel, as grave breaches
amounting to war crimes and, if systemic, crimes against
humanity;
(4) to hold perpetrators of war crimes and crimes against
humanity accountable for their crimes;
(5) to uphold the Convention (IV) relative to the
Protection of Civilian Persons in Time of War, done at Geneva
August 12, 1949 (commonly referred to as the ``Fourth Geneva
Convention''), to which the United States is party and has
ratified, including article 3, which states that persons taking
no active part in hostilities shall be treated humanely and
should not be subject to violence to life and person;
(6) to uphold article 35 of the Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field, done at Geneva August 12, 1949, to which
the United States is a party and has ratified, requires
transports of wounded and sick or of medical equipment to be
respected and protected in the same way as mobile medical
units; and
(7) for the Attorney General, with input from the heads of
other Federal agencies, as appropriate, to investigate any
credible allegations of war crimes committed by United States
citizens in Gaza, in accordance with section 2441 of title 18,
United States Code.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Select Committee on Intelligence of the
Senate;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Armed Services of the House of
Representatives; and
(H) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Atrocities.--The term ``atrocities'' has the meaning
given such term in section 6(2) of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115-441; 22
U.S.C. 2656 note).
(3) War crime.--The term ``war crime'' has the meaning
given such term in section 2441(c) of title 18, United States
Code.
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