[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 9 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
S. CON. RES. 9

 Condemning the violence in East Timor and urging the establishment of 
  an international war crimes tribunal for prosecuting crimes against 
              humanity that occurred during that conflict.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2001

    Mr. Harkin (for himself, Mr. Feingold, Mr. Reed, Mr. Leahy, Mr. 
     Kennedy, Mr. Wellstone, and Mr. Kohl) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Condemning the violence in East Timor and urging the establishment of 
  an international war crimes tribunal for prosecuting crimes against 
              humanity that occurred during that conflict.

Whereas the people of East Timor experienced an unprovoked and violent attack in 
        the aftermath of a peaceful referendum in which they cast an 
        overwhelming vote for national independence;
Whereas at least 1,000 people were killed, thousands more people were injured, 
        500,000 people were displaced, much of the infrastructure was destroyed, 
        and scores of communities and villages were completely destroyed in East 
        Timor by roving bands of militias and paramilitary organizations;
Whereas some Indonesian military officers and personnel along with some 
        Indonesian civilian police helped to train and arm the militias and 
        paramilitary organizations before setting them loose to terrorize the 
        people of East Timor and destroy their homes, businesses, and personal 
        property;
Whereas the Indonesian ranking military officers and civilian police officers 
        not only failed to keep the peace in East Timor once the referendum on 
        national independence was conducted but also, in some cases, actually 
        incited violence and participated in widespread killing, rape, forced 
        displacement, mayhem, and wholesale property destruction;
Whereas numerous militia leaders who have been implicated in various crimes 
        against humanity in East Timor continue to operate with impunity in West 
        Timor and throughout Indonesia and none have been formally charged and 
        brought to trial in Indonesia for the wave of violence, murder, rape, 
        and terror inflicted on the people of East Timor, in particular, in 
        preparation for, the conduct of, or the aftermath of the 1999 
        referendum;
Whereas Indonesia is a party to the Universal Declaration on Human Rights and 
        other international human rights agreements and is legally obligated to 
        comply with those agreements;
Whereas the continuing failure to investigate, indict, prosecute, and secure 
        convictions and appropriate punishment for those responsible for so much 
        death, violence, and destruction among the people of East Timor 
        continues to fuel an environment of terror, fear, and crime in East and 
        West Timor and along their common border, thus trapping tens of 
        thousands in squalid refugee camps and preventing their safe return to 
        their homes;
Whereas the Indonesian government has failed to follow through on its agreement 
        to provide evidence and accused criminals to the justice system of the 
        United Nations Transitional Administration in East Timor, creating 
        circumstances whereby lower-level East Timorese militia members are 
        brought to justice in East Timor, while East Timorese militia leaders 
        and Indonesian military officers with command responsibility reside in 
        Indonesia without fear of prosecution;
Whereas the Indonesian government has yet to take all necessary steps to create 
        a court with authority to prosecute past crimes under internationally-
        recognized human rights and humanitarian law, and the National Human 
        Rights Commission of Indonesia has limited authority to only investigate 
        such violations;
Whereas, in August, 2000, Indonesia's upper house of parliament passed a 
        constitutional amendment prohibiting retroactivity in prosecutions;
Whereas repeated assurances to the international community and to Congress by 
        the Indonesian government of impending action against the perpetrators 
        of crimes against humanity in East Timor have produced few noticeable or 
        substantive results; and
Whereas Congress is deeply disturbed that gross violations of the human rights 
        of the people of East Timor and United Nations personnel rendering basic 
        humanitarian services in East and West Timor have gone unpunished since 
        January 1, 1999, and the perpetrators have not been brought to justice: 
        Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That (a) Congress--
            (1) deplores the widespread and systematic violence that--
                    (A) has occurred in East Timor and in the refugee 
                camps of West Timor since January 1, 1999; and
                    (B) has resulted in many murders, rapes, and the 
                near-total destruction of East Timor's infrastructure 
                and numerous villages on that troubled island;
            (2) decries the continued existence of an environment of 
        intimidation, misinformation, instability, terror, and fear 
        among the people living in the refugee camps housing tens of 
        thousands of displaced people, many of whom wish to return to 
        East Timor, but are too scared to freely repatriate and return 
        safely to their home communities;
            (3) denounces the leaders of the militias and paramilitary 
        groups who are responsible for the violent attacks, pillaging, 
        and mayhem that has caused so much suffering and property 
        destruction in East Timor as well as their accomplices in 
        Indonesia inside and outside of that sovereign country's armed 
        forces; and
            (4) continues to support the courageous efforts of those in 
        Indonesia working toward domestic prosecutions of the 
        individuals most responsible for the post-referendum violence, 
        but recognizes that these efforts currently face overwhelming 
        obstacles.
    (b) It is the sense of Congress that the President and the 
Secretary of State should--
            (1) endorse and support the establishment of an 
        international criminal tribunal for the purpose of prosecuting 
        culpable Indonesian military and police officers and personnel, 
        leaders of local militias and paramilitary organizations, and 
        other individuals who are responsible for crimes against 
        humanity in East Timor, including systematic murder, rape, and 
        terrorism, the unlawful use of force, and crimes against United 
        Nations personnel deployed in East Timor and in the refugee 
        camps of West Timor;
            (2) direct the pertinent agencies of the executive branch--
                    (A) to begin collecting and organizing such 
                information (including from intelligence sources), and 
                to provide such appropriate resources, as will be 
                necessary to assist in preparation of indictments and 
                prosecution of cases before an international criminal 
                tribunal; and
                    (B) to undertake any additional inquiries and 
                investigations that would further such efforts; and
            (3) work actively and urgently within the international 
        community for the adoption of a United Nations Security Council 
        resolution establishing an international criminal court for 
        East Timor.
                                 <all>