[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 206 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. RES. 206
Marking the 70th anniversary of the four Geneva Conventions of 1949,
expressing concern about significant violations of international
humanitarian law on contemporary battlefields, and encouraging United
States leadership in ensuring greater respect for international
humanitarian law in current conflicts, particularly with its security
partners.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2019
Mr. Booker (for himself and Mr. Young) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Marking the 70th anniversary of the four Geneva Conventions of 1949,
expressing concern about significant violations of international
humanitarian law on contemporary battlefields, and encouraging United
States leadership in ensuring greater respect for international
humanitarian law in current conflicts, particularly with its security
partners.
Whereas the four Geneva Conventions of 1949, along with their Additional
Protocols, are the foundation of international humanitarian law (IHL),
also known as the law of armed conflict, the body of law that seeks to
ensure wars have limits;
Whereas 2019 marks the 70th anniversary of the four Geneva Conventions of 1949
and serves as a reminder of the importance and continued relevance of
IHL in a world with proliferating and protracted armed conflicts,
unprecedented displacement, and immense suffering;
Whereas the four Geneva Conventions of 1949 reflect more than just law; they
reflect the universal recognition that wars must be fought humanely;
Whereas, at its core, IHL sets out a fundamental obligation that people, even in
times of armed conflict, must be treated with humanity;
Whereas IHL requires all parties to armed conflicts, whether states or non-state
armed groups, to comply with rules and basic principles that seek to
preserve the lives and dignity of human beings, such as that: civilians
and civilian objects must not be targeted; hospitals and medical
personnel must be respected and must not be attacked; no one shall be
subjected to torture or other forms of ill treatment; and rape and other
forms of sexual violence are prohibited;
Whereas today's conflicts are marred by significant violations of IHL, the
effects of which are apparent across armed conflicts, from restrictions
on humanitarian access contributing to the world's worst cholera
outbreak in Yemen, to the use of chemical weapons in Syria, in addition
to attacks against civilians, and attacks on medical personnel and
health facilities; to the Islamic State's use of civilians as human
shields; to widespread killings, sexual violence, and forced
displacement in countries such as Nigeria, South Sudan, the Democratic
Republic of the Congo, Somalia, and elsewhere;
Whereas people detained in armed conflict, including prisoners of war (POWs),
often suffer torture, abuse, and inhumane living conditions, such as
insufficient food, water, and health services;
Whereas, while many states have taken significant steps to ensure humane
treatment of detainees, and adequate living conditions, many others
still fail to comply with basic standards of treatment and care as
required by IHL;
Whereas, as mandated by the Geneva Conventions, the International Committee of
the Red Cross (ICRC) plays a vital role in visiting detainees in
situations of armed conflict with a view to preventing torture and other
forms of ill-treatment, preventing disappearances, improving overall
detention conditions, maintaining family contacts, and promoting
judicial guarantees;
Whereas the United States has an expressed preference for pursuing its military
objectives ``by, with, and through'' its security partners in some parts
of the world, but state militaries and non-state armed groups with which
the United States partners may lack sufficient commitment to IHL
principles or capabilities to conduct their operations in a manner that
effectively minimizes civilian harm;
Whereas it is essential, as a critical component of its policies and diplomatic
relations, that the United States affirms its commitment to not only
respect the rules of IHL but to ensure respect by its partners and adopt
policies conditioning its security assistance in this regard;
Whereas, as the nature of warfare changes, IHL remains relevant to ensure wars
are fought with limits;
Whereas IHL was created to respond to new developments and domains in warfare,
such as cyber operations, and new challenges do not undermine the
importance or relevance of IHL, but rather call for affirming, applying,
and ensuring compliance with IHL;
Whereas sweeping counterterrorism measures and country-based sanctions have
sometimes impeded neutral, impartial lifesaving humanitarian action in
countries like Somalia and Syria;
Whereas the United States has a long tradition of implementing and upholding
IHL, not just as a matter of legal obligation but also because respect
for human life and protecting the vulnerable reflects the best
traditions of a professional military force;
Whereas United States senior military leadership often publicly recognizes that
minimizing civilian harm is central to mission effectiveness and
therefore serves the United States national security interests; and
Whereas, as long as armed conflict remains a reality, there must also be a limit
to suffering, and IHL, as outlined 70 years ago in the four Geneva
Conventions of 1949, sets out these limits: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) upon the 70th anniversary of the four Geneva
Conventions of 1949, respect for international humanitarian law
(IHL) remains critical to upholding humanity in war, protecting
people affected by war, and preventing suffering;
(2) the Executive branch and Congress must ensure that the
United States Government, as the largest donor of lifesaving
humanitarian aid--
(A) does not employ counterterrorism measures or
other sanctions that unduly impede lifesaving
humanitarian action and thereby jeopardize vulnerable
people's access to resources critical to their
survival; and
(B) upholds the longstanding United States
commitment to supporting principled humanitarian
action; and
(3) the United States must continue to be a global leader
in promoting and ensuring compliance with IHL by upholding high
standards of conduct within the United States Armed Forces,
taking stronger measures to ensure compliance with IHL by
United States security partners, holding perpetrators of
violations of IHL accountable, and seeking compliance with IHL
by all parties to armed conflict.
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