[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 31 Engrossed in Senate (ES)]

  1st Session
S. CON. RES. 31

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                         CONCURRENT RESOLUTION

Whereas Saddam Hussein has failed to comply with United Nations Security Council 
        Resolutions 678, 686, 687, 688, 707, 715, 949, 1051, 1060, 1115, 1134, 
        1137, 1154, 1194, 1205, l284, and 1441;
Whereas the military action now underway against Iraq is lawful and fully 
        authorized by the Congress in section 3(a) of Public Law 107-243, which 
        passed the Senate on October 11, 2002, by a vote of 77-23, and which 
        passed the House of Representatives on that same date by a vote of 296-
        133;
Whereas, in the ensuing conflict, Iraq has captured uniformed members of the 
        United States Armed Forces and the armed forces of other coalition 
        nations, including the United Kingdom;
Whereas several American prisoners of war appear to have been publicly and 
        summarily executed following their capture in the vicinity of An 
        Nasiryah, demonstrating, as the President said on March 26, 2003, that 
        ``in the ranks of that regime are men whose idea of courage is to 
        brutalize unarmed prisoners'';
Whereas Iraqi state television has subjected American prisoners of war to 
        humiliation, interrogating them publicly and presenting them as objects 
        of public curiosity and propaganda in clear contravention of 
        international law and custom;
Whereas the customary international law of war has, from its inception, 
        prohibited and condemned as war crimes the killing of prisoners of war 
        and military personnel attempting to surrender;
Whereas Iraq is a signatory to the Convention Relative to the Treatment of 
        Prisoners of War, dated at Geneva August 12 1949, and entered into force 
        October 21, 1950 (``the Geneva Convention'');
Whereas the Geneva Convention requires that ``[p]risoners of war must at all 
        times be humanely treated'' and specifically ``must at all times be 
        protected, particularly against acts of violence or intimidation and 
        against insults and public curiosity'';
Whereas the Geneva Convention stipulates that ``[p]risoners of war are entitled 
        in all circumstances to respect for their persons and their honour'' and 
        that ``[w]omen shall be treated with all the regard due to their sex'';
Whereas the Geneva Convention declares that the detaining power is responsible 
        for the treatment afforded prisoners of war, regardless of the identity 
        of the individuals or military units who have captured them; and
Whereas the United States and the other coalition nations have complied, and 
        will continue to comply, with international law and custom and the 
        Geneva Convention: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) expresses its outrage at the flagrant violations by the 
        Government of Iraq of the customary international law of war 
        and the Convention Relative to the Treatment of Prisoners of 
        War, dated at Geneva August 12 1949, and entered into force 
        October 21, 1950;
            (2) supports in the strongest terms the President's warning 
        to Iraq that the United States will hold the Government of 
        Iraq, its officials, and military personnel involved 
        accountable for any and all such violations;
            (3) expects Iraq to comply with the requirements of the 
        international law of war and the explicit provisions of the 
        Convention Relative to the Treatment of Prisoners of War, which 
        afford prisoners of war the proper and humane treatment to 
        which they are entitled; and
            (4) expects that Iraq will afford prisoners of war access 
        to representatives of the International Committee of the Red 
        Cross, as required by the Convention Relative to the Treatment 
        of Prisoners of War.

            Passed the Senate April 9, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                            S. CON. RES. 31

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                         CONCURRENT RESOLUTION

Expressing the outrage of Congress at the treatment of certain American 
              prisoners of war by the Government of Iraq.