[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 11 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 11

        Relating to Bosnia-Hercegovina's right to self-defense.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. DeConcini (for himself, Mr. D'Amato, Mr. Lieberman, Mr. Dole, Mr. 
Lugar, and Mr. Pressler) submitted the following resolution; which was 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
        Relating to Bosnia-Hercegovina's right to self-defense.

Whereas Bosnia-Hercegovina is a sovereign and independent state, a member of the 
        United Nations, and a participating State of the Conference on Security 
        and Cooperation in Europe;
Whereas the leaders of Bosnia-Hercegovina have committed themselves to practice 
        tolerance and to live together in peace with neighboring states in 
        keeping with the Charter of the United Nations and to promote human 
        rights and democracy pursuant to the Helsinki Final Act;
Whereas the people of Bosnia-Hercegovina have been and remain the target of 
        armed aggression by Serbia and Serbian-backed forces;
Whereas the loss of life and human suffering in Bosnia-Hercegovina has reached 
        an unprecedented scale in post-World War II Europe;
Whereas the war and ``ethnic cleansing'' in Bosnia-Hercegovina has uprooted more 
        than one and one-half million people, contributing to the largest 
        refugee problem in Europe since World War II;
Whereas the people of Bosnia-Hercegovina have been subjected to organized, 
        systematic, and premeditated war crimes and genocide, including willful 
        killings, rape, forced impregnation, abuse of civilians in detention 
        centers, deliberate attacks on noncombatants, ``ethnic cleansing'' 
        through forcible explusion and deportation of civilians, and torture of 
        prisoners;
Whereas the United Nations Security Council has reaffirmed that persons who 
        commit or order the commission of grave breaches of the Geneva 
        Conventions are individually responsible in respect to such breaches;
Whereas the International Committee of the Red Cross and other international 
        humanitarian organizations have not been granted unimpeded and 
        continuous access to all camps, prisons and detention centers in Bosnia-
        Hercegovina as called for by the United Nations Security Council;
Whereas efforts by United Nations humanitarian organizations and others to 
        secure the effective and unimpeded delivery of humanitarian supplies to 
        all victims of the war in Bosnia-Hercegovina have been repeatedly 
        blocked;
Whereas numerous diplomatic efforts to achieve a peaceful solution to the war in 
        Bosnia-Hercegovina have failed to bring about a cessation of 
        hostilities;
Whereas the United Nations Security Council has demanded that neighboring states 
        respect the territorial integrity of Bosnia-Hercegovina;
Whereas irregular forces have failed to disband, disarm, or place their weapons 
        under effective international monitoring;
Whereas article 51 of the Charter of the United Nations provides for the right 
        of individual and collective self-defense if an armed attack occurs 
        against a member state;
Whereas Bosnia-Hercegovina's right to defend itself against attack by well armed 
        forces has been thwarted by the existing international arms embargo;
Whereas incursions of the airspace of Bosnia-Hercegovina by hostile military 
        aircraft continue to occur in violation of the establishment of a ``no-
        fly'' zone by the United Nations Security Council; and
Whereas United Nations Security Council resolutions on a ``no-fly'' zone, the 
        transfer of all heavy weapons to international control, the delivery of 
        humanitarian assistance, and access to all camps, prisons and detention 
        centers in Bosnia-Hercegovina have not been fully implemented or 
        enforced: Now, therefore, be it
    Resolved, That the United States should act, without delay, to 
uphold Bosnia-Hercegovina's right to self-defense as provided for under 
article 51 of the Charter of the United Nations and to seek the 
immediate lifting of the international arms embargo as it applies to 
that country, thus enabling Bosnia-Hercegovina to obtain defensive 
weapons.
    Sec. 2. The United States should assemble a multinational coalition 
to--
            (1) immediately enforce the existing United Nations ``no-
        fly'' zone over the territory of Bosnia-Hercegovina, including 
        through the use of military air force, if required;
            (2) ensure that irregular forces in Bosnia-Hercegovina 
        either withdraw, or be subject to the authority of the 
        Government of Bosnia-Hercegovina, or be disbanded and disarmed 
        with their weapons placed under effective international 
        monitoring. In the event that such steps are not taken by 
        irregular forces immediately, every effort, including the use 
        of military air force, should be made to neutralize heavy arms 
        in the hands of such forces;
            (3) ensure the immediate, effective and unimpeded delivery 
        of humanitarian aid to all civilian populations in Bosnia-
        Hercegovina, in keeping with international commitments, 
        including through the use of military force, if required; and
            (4) ensure unimpeded access to all camps, prisons and 
        detention centers in Bosnia-Hercegovina by the International 
        Committee of the Red Cross and other international humanitarian 
        organizations and facilitate the release of all detainees from 
        such facilities.
    Sec. 3. The United States should--
            (1) seek an increase in the number of refugees from Bosnia-
        Hercegovina permitted to enter the United States and other 
        European countries; and
            (2) work to ensure that those responsible for war crimes 
        and crimes against humanity in Bosnia-Hercegovina are held 
        accountable by an international criminal tribunal.

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