[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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