[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1077 Introduced in House (IH)]








109th CONGRESS
  2d Session
H. RES. 1077

Expressing deep concern over the use of civilians as ``human shields'' 
   in violation of international humanitarian law and the law of war 
 during armed conflict, including Hezbollah's tactic of embedding its 
 forces among civilians to use them as human shields during the recent 
          conflict between Hezbollah and the State of Israel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2006

Ms. Ros-Lehtinen submitted the following resolution; which was referred 
              to the Committee on International Relations

_______________________________________________________________________

                               RESOLUTION


 
Expressing deep concern over the use of civilians as ``human shields'' 
   in violation of international humanitarian law and the law of war 
 during armed conflict, including Hezbollah's tactic of embedding its 
 forces among civilians to use them as human shields during the recent 
          conflict between Hezbollah and the State of Israel.

Whereas ``human shields'' are the use of civilians, prisoners of war, or other 
        noncombatants whose mere presence is designed to protect combatants and 
        objects from attack;
Whereas the use of human shields is violative of international humanitarian law 
        and the law of war;
Whereas throughout the recent conflict with the State of Israel, Hezbollah 
        forces utilized human shields to protect themselves from counterattacks 
        by Israeli forces;
Whereas the majority of civilian casualties of that conflict might have been 
        avoided and civilian lives saved had Hezbollah not employed this tactic;
Whereas the news media made constant mention of civilian casualties but rarely 
        pointed to the culpability, under international law, of Hezbollah for 
        their endangerment of such civilians;
Whereas United States and international leaders attempted to call the use of 
        human shields to the world's attention;
Whereas on August 11, 2006, Secretary of State Condoleezza Rice stated, 
        ``Hezbollah and its sponsors have brought devastation upon the people of 
        Lebanon, dragging them into a war that they did not choose, and 
        exploiting them as human shields . . .'';
Whereas on August 14, 2006, President George W. Bush stated, ``Hezbollah 
        terrorists targeted Israeli civilians with daily rocket attacks. 
        Hezbollah terrorists used Lebanese civilians as human shields, 
        sacrificing the innocent in an effort to protect themselves from Israeli 
        response . . .'';
Whereas Jan Egeland, United Nations Undersecretary-General for Humanitarian 
        Affairs and Emergency Relief Coordinator, accused Hezbollah of 
        ``cowardly blending . . . among women and children.'';
Whereas Additional Protocol I, Article 50(1) to the Geneva Convention defines 
        civilian as, ``[a]ny person who does not belong to one of the categories 
        of persons referred to in Article 4(A)(1), (2), (3), and (6) of the 
        Third Convention and in Article 43 of this Protocol. In the case of 
        doubt whether a person is a civilian, that person shall be considered a 
        civilian.'';
Whereas Additional Protocol I, Article 51(7) to the Geneva Convention states, 
        ``[T]he presence or movement of the civilian population or individual 
        civilians shall not be used to render certain points or areas immune 
        from military operations, in particular in attempts to shield military 
        objectives from attacks or to shield, favour or impede military 
        operations. The Parties to the conflict shall not direct the movement of 
        the civilian population or individual civilians in order to attempt to 
        shield military objectives from attacks or to shield military 
        operations.''; and
Whereas Convention IV, Article 28, Relative to the Protection of Civilian 
        Persons in Time of War of the Geneva Convention states, ``The presence 
        of a protected person may not be used to render certain points or areas 
        immune from military operations.'': Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) strongly condemns the use of innocent civilians as 
        human shields, including Hezbollah's recent use of this brutal 
        and illegal tactic;
            (2) calls on the international community to recognize the 
        grave breaches of international law through the use of human 
        shields; and
            (3) calls on the community of United States and 
        international jurisprudential scholars and practitioners and 
        the leadership of the Armed Forces to review the current 
        international legal regime and to make recommendations to 
        prevent the future use of human shields during armed conflicts.
                                 <all>