[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.
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