- Record: Senate Floor
- Section type: Floor speeches
- Chamber: Senate
- Date: April 30, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SENATE RESOLUTION 722—ADDRESSING THE POLITICIZATION OF WAR CRIMES
ALLEGATIONS AGAINST ALLIED SPECIAL OPERATIONS FORCES
Ms. ERNST (for herself and Mr. Sheehy) submitted the following resolution; which was referred to the Committee on Foreign Relations:
S. Res. 722
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.