[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 118 Referred in Senate (RFS)]

  1st Session
H. CON. RES. 118


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2003

             Referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
    Concerning the treatment of members of the Armed Forces held as 
                 prisoner of war by Iraqi authorities.

Whereas the Armed Forces of the United States and military forces of United 
        States coalition partners are currently engaged in hostilities in Iraq 
        in prosecuting Operation Iraqi Freedom;
Whereas an unknown number of members of the Armed Forces of the United States 
        have been taken prisoner by Iraqi authorities and it is possible that, 
        before the end of


hostilities, additional members of the Armed Forces of the United States 
and members of other coalition forces may be taken prisoner by Iraqi 
authorities;

Whereas members of the military forces of Iraq have been taken prisoner by 
        coalition armed forces;
Whereas all such prisoners who are captured while complying with the laws of war 
        are entitled to prisoner of war status until their final release and 
        repatriation;
Whereas in the Convention Relative to the Treatment of Prisoners of War, signed 
        at Geneva on August 12, 1949 (referred to as the ``Third Geneva 
        Convention''), the international community has prescribed rules 
        concerning the treatment of prisoners of war;
Whereas more than 190 nations, including the United States and Iraq, are parties 
        to the Third Geneva Convention;
Whereas Article 13 of the Third Geneva Convention requires the humane treatment 
        of prisoners of war and that prisoners of war be protected against acts 
        of violence or intimidation and against insults and public curiosity;
Whereas Article 17 of the Third Geneva Convention explicitly prohibits the 
        infliction of physical or mental torture and other forms of coercion on 
        prisoners of war to secure from them information of any kind whatever 
        and provides that prisoners of war who refuse to answer may not be 
        threatened, insulted, or exposed to unpleasant or disadvantageous 
        treatment of any kind;
Whereas Article 23 of the Third Geneva Convention provides that a prisoner of 
        war may not at any time be sent to, or detained in areas where the 
        prisoner may be exposed to the fire of the combat zone, nor may a 
        prisoner's presence be used to render certain points or areas immune 
        from military operations;
Whereas the Third Geneva Convention requires that a government holding prisoners 
        of war grant representatives of the International Committee of the Red 
        Cross (ICRC) free access to all prisoners of war;
Whereas the Government of the United States has informed the Iraqi authorities 
        that it intends to treat captured members of the Iraqi armed forces 
        fully in accordance with the Third Geneva Convention and is in 
        discussions with ICRC officials to facilitate access at the earliest 
        possible time to Iraqi enemy prisoners of war held by United States 
        Armed Forces; and
Whereas Iraqi television has broadcast what appear to be pictures of captured 
        American military personnel; Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) commends the bravery and professionalism of the members 
        of the Armed Forces of the United States and the military 
        forces of United States coalition partners; and
            (2) extends heartfelt sympathies to the families and loved 
        ones of those who are killed, wounded, missing in action, or 
        taken prisoner by Iraqi authorities.
    Sec. 2. The Congress--
            (1) demands that Iraqi authorities comply fully and 
        immediately with its obligations and responsibilities of the 
        Convention Relative to the Treatment of Prisoners of War;
            (2) condemns the failure of Iraqi authorities to treat 
        prisoners of war in strict conformity with that Convention;
            (3) demands that Iraqi authorities permit the International 
        Committee of the Red Cross to visit any and all American and 
        coalition prisoners of war at the earliest possible time, in 
        accordance with the requirements of that Convention;
            (4) joins the President in warning all Iraqi authorities 
        that any individual who mistreats any prisoner of war in 
        violation of that Convention shall be considered a war criminal 
        and prosecuted as such to the full extent of United States and 
        international law; and
            (5) supports the President in committing the full effort 
        and reach of the United States Government to the swift and safe 
        repatriation of all prisoners of war at the earliest possible 
        moment consistent with that Convention.
    Sec. 3. The Congress supports the President in seeking the fullest 
possible accounting, at the earliest possible time upon the cessation 
of hostilities, of all members of the Armed Forces who are in a missing 
status as a result of operations during Operation Iraqi Freedom.

            Passed the House of Representatives March 27, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.