[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 270 Reported in Senate (RS)]






                                                       Calendar No. 514
104th CONGRESS
  2d Session
S. RES. 270

Urging continued and increased United States support for the efforts of 
the International Criminal Tribunal for the former Yugoslavia to bring 
to justice the perpetrators of gross violations of international law in 
                         the former Yugoslavia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 1996

  Mr. Lieberman (for himself, Mr. Lugar, Mr. Biden, Mr. Specter, Mrs. 
   Feinstein, Mr. Moynihan, Mr. Hatch, and Mr. Levin) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

                             July 24, 1996

                Reported by Mr. Helms, without amendment

_______________________________________________________________________

                               RESOLUTION


 
Urging continued and increased United States support for the efforts of 
the International Criminal Tribunal for the former Yugoslavia to bring 
to justice the perpetrators of gross violations of international law in 
                         the former Yugoslavia.

Whereas the United Nations, recognizing the need for justice in the former 
        Yugoslavia, established the International Criminal Tribunal for the 
        former Yugoslavia (hereafter in this resolution referred to as the 
        ``International Criminal Tribunal'');
Whereas United Nations Security Council Resolution 827 of May 25, 1993, requires 
        states to cooperate fully with the International Criminal Tribunal;
Whereas the parties to the General Framework Agreement for Peace in Bosnia and 
        Herzegovina and associated Annexes (in this resolution referred to as 
        the ``Peace Agreement'') negotiated in Dayton, Ohio and signed in Paris, 
        France, on December 14, 1995, accepted, in Article IX, the obligation 
        ``to cooperate in the investigation and prosecution of war crimes and 
        other violations of international humanitarian law'';
Whereas the Constitution of Bosnia and Herzegovina, agreed to as Annex 4 of the 
        Peace Agreement, provides, in Article IX, that ``No person who is 
        serving a sentence imposed by the International Tribunal for the former 
        Yugoslavia, and no person who is under indictment by the Tribunal and 
        who has failed to comply with an order to appear before the Tribunal, 
        may stand as a candidate or hold any appointive, elective, or other 
        public office in Bosnia and Herzegovina'';
Whereas the International Criminal Tribunal has issued 57 indictments against 
        individuals from all parties to the conflicts in the former Yugoslavia;
Whereas the International Criminal Tribunal continues to investigate gross 
        violations of international law in the former Yugoslavia with a view to 
        further indictments against the perpetrators;
Whereas on July 25, 1995, the International Criminal Tribunal issued an 
        indictment for Radovan Karadzic, president of the Bosnian Serb 
        administration of Pale, and Ratko Mladic, commander of the Bosnian Serb 
        administration and charged them with genocide and crimes against 
        humanity, violations of the law or customs of war, and grave breaches of 
        the Geneva Conventions of 1949, arising from atrocities perpetrated 
        against the civilian population throughout Bosnia-Herzegovina, for the 
        sniping campaign against civilians in Sarajevo, and for the taking of 
        United Nations peacekeepers as hostages and for their use as human 
        shields;
Whereas on November 16, 1995, Karadzic and Mladic were indicted a second time by 
        the International Criminal Tribunal, charged with genocide for the 
        killing of up to 6,000 Muslims in Srebrenica, Bosnia, in July 1995;
Whereas the United Nations Security Council, in adopting Resolution 1022 on 
        November 22, 1995, decided that economic sanctions on the Federal 
        Republic of Yugoslavia (Serbia and Montenegro) and the so-called 
        Republika Srpska would be reimposed if, at any time, the High 
        Representative or the IFOR commander informs the Security Council that 
        the Federal Republic of Yugoslavia or the Bosnian Serb authorities are 
        failing significantly to meet their obligations under the Peace 
        Agreement;
Whereas the so-called Republika Srpska and the Federal Republic of Yugoslavia 
        (Serbia and Montenegro) have failed to arrest and turn over for 
        prosecution indicted war criminals, including Karadzic and Mladic;
Whereas efforts to politically isolate Karadzic and Mladic have failed thus far 
        and would in any case be insufficient to comply with the Peace Agreement 
        and bring peace with justice to Bosnia and Herzegovina;
Whereas in the so-called Republika Srpska freedom of the press and freedom of 
        assembly are severely limited and violence against ethnic and religious 
        minorities and opposition figures is on the rise;
Whereas it will be difficult for national elections in Bosnia and Herzegovina to 
        take place meaningfully so long as key war criminals, including Karadzic 
        and Mladic, remain at large and able to influence political and military 
        developments;
Whereas on June 6, 1996, the President of the International Criminal Tribunal, 
        declaring that the Federal Republic of Yugoslavia's failure to extradite 
        indicted war criminals is a blatant violation of the Peace Agreement and 
        of United Nations Security Council Resolutions, called on the High 
        Representative to reimpose economic sanctions on the so-called Republika 
        Srpska and on the Federal Republic of Yugoslavia (Serbia and 
        Montenegro); and
Whereas the apprehension and prosecution of indicted war criminals is essential 
        for peace and reconciliation to be achieved and democracy to be 
        established throughout Bosnia and Herzegovina: Now, therefore, be it
    Resolved, That (a) the Senate finds that the International Criminal 
Tribunal for the former Yugoslavia merits continued and increased 
United States support for its efforts to investigate and bring to 
justice the perpetrators of gross violations of international law in 
the former Yugoslavia.
    (b) It is the sense of the Senate that the President of the United 
States should support the request of the President of the International 
Criminal Tribunal for the former Yugoslavia for the High Representative 
to reimpose full economic sanctions on the Federal Republic of 
Yugoslavia (Serbia and Montenegro) and the so-called Republika Srpska, 
in accordance with United Nations Security Council Resolution 1022 
(1995), until the Federal Republic of Yugoslavia (Serbia and 
Montenegro) and Bosnian Serb authorities have complied with their 
obligations under the Peace Agreement and United Nations Security 
Council Resolutions to cooperate fully with the International Criminal 
Tribunal.
    (c) It is further the sense of the Senate that the NATO-led 
Implementation Force (IFOR), in carrying out its mandate, should make 
it an urgent priority to detain and bring to justice persons indicted 
by the International Criminal Tribunal.
    (d) It is further the sense of the Senate that states in the former 
Yugoslavia should not be admitted to international organizations and 
fora until and unless they have complied with their obligations under 
the Peace Agreement and United Nations Security Council Resolutions to 
cooperate fully with the International Criminal Tribunal.
    Sec. 2. The Secretary of the Senate shall transmit a copy of this 
resolution to the President of the United States.
                                     





                                                       Calendar No. 514

104th CONGRESS

  2d Session

                              S. RES. 270

_______________________________________________________________________

                               RESOLUTION

Urging continued and increased United States support for the efforts of 
the International Criminal Tribunal for the former Yugoslavia to bring 
to justice the perpetrators of gross violations of international law in 
                         the former Yugoslavia.

_______________________________________________________________________

                             July 24, 1996

                       Reported without amendment