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







108th CONGRESS
  1st Session
S. CON. RES. 31

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2003

 Mr. Frist (for Mr. Lieberman) (for himself, Mr. Stevens, Mr. Inouye, 
    Mr. Frist, Mr. Daschle, and Mr. Warner) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


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

Whereas the Authorization for Use of Military Force Against Iraq Resolution of 
        2002 (Public Law 107-243; 116 Stat. 1498), enacted into law on October 
        16, 2002, authorizes the President to use the Armed Forces of the United 
        States to defend the national security of the United States against the 
        threat posed by Iraq and to enforce all relevant United Nations Security 
        Council resolutions regarding Iraq;
Whereas a coalition of nations, under the authority of United Nations Security 
        Council resolution 678 adopted on November 29, 1990, and authorizing 
        member states to use ``all necessary means to uphold and implement 
        resolution 660 (1990),'' initiated military action against Iraq in 1991 
        to enforce compliance with the resolutions of the Security Council;
Whereas the United Nations Security Council, pursuant to Security Council 
        resolution 687 adopted on April 3, 1991, established a cease-fire 
        subject to compliance with specific conditions and obligations on the 
        part of Iraq;
Whereas the United Nations Security Council unanimously approved Security 
        Council resolution 1441 on November 8, 2002, declaring that Iraq ``has 
        been and remains in material breach of its obligations under relevant 
        resolutions, including resolution 687 (1991), in particular through 
        Iraq's failure to cooperate with United Nations inspectors and the 
        [International Atomic Energy Agency (IAEA)], and to complete the actions 
        required under paragraphs 8 to 13 of resolution 687 (1991)'';
Whereas Iraq failed to avail itself of the ``final opportunity to comply with 
        its disarmament obligations under relevant resolutions of the Council'' 
        that was offered by United Nations Security Council resolution 1441 by 
        failing to ``cooperate immediately, unconditionally, and actively with 
        [the United Nations Monitoring Verification and Inspection Commission 
        (UNMOVIC)] and the IAEA'' and by failing to ``not take or threaten 
        hostile Acts directed against any representative or personnel of the 
        United Nations or the IAEA or of any Member State taking action to 
        uphold any Council resolution'';
Whereas the President, acting pursuant to his constitutional authority and the 
        authorization of Congress, declared on March 19, 2003, that the United 
        States had initiated military operations in Iraq;
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.
                                 <all>