[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 206 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 146
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

                             July 15, 2019

   Reported by Mr. Risch, with an amendment and an amendment to the 
                 preamble and an amendment to the title
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               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
Whereas the United States has ratified the four Geneva Conventions of 1949, 
        along with Protocol III of 2005 (the ``Geneva Conventions'');
Whereas 2019 marks the 70th anniversary of the four Geneva Conventions of 1949, 
        which form a pillar of the law of armed conflict and international 
        humanitarian law and serves as a reminder of the importance and 
        continued relevance of these conventions 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 their core, the Geneva Conventions set out a fundamental obligation 
        that people, even in times of armed conflict, must be treated with 
        humanity;
Whereas the Geneva Conventions require 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 the Geneva 
        Conventions, 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 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 the Geneva Conventions;
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 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 the law of armed conflict and the Geneva 
        Conventions but also to promote respect by its security partners in this 
        regard;
Whereas, as the nature of warfare changes, the Geneva Conventions remain 
        relevant to ensure wars are fought with limits;
Whereas the Geneva Conventions were intended to be adaptive to respond to new 
        developments and domains in warfare, such as cyber operations, and, as 
        such, new challenges do not undermine the importance or relevance of the 
        Geneva Conventions or the law of armed conflict, but rather call for 
        reaffirming, applying, and ensuring compliance with the Geneva 
        Conventions and the law of armed conflict;
Whereas the United States Government should strive to ensure that our 
        counterterrorism measures do not hinder the delivery of life-saving 
        humanitarian assistance;
Whereas the United States has a long tradition of implementing and upholding the 
        Geneva Conventions, not just as a matter of legal obligation but also 
        because demonstrating respect for human life and protecting the 
        vulnerable reflects the best traditions of a professional military 
        force;
Whereas senior leaders in the United States Armed Forces often publicly 
        recognize that minimizing civilian harm is central to mission 
        effectiveness and therefore serves the national security interests of 
        the United States; and
Whereas, as long as armed conflict remains a reality, there must also be a limit 
        to human suffering, as outlined 70 years ago in the four Geneva 
        Conventions of 1949, which set out these limits: Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the Executive branch and Congress must ensure 
        that the United States Government, as the largest donor of 
        lifesaving humanitarian aid--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) upholds the longstanding United States 
                commitment to supporting principled humanitarian 
                action; and</DELETED>
        <DELETED>    (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.</DELETED>
That it is the sense of the Senate that--
            (1) upon the 70th anniversary of the four Geneva 
        Conventions of 1949, demonstrating continuing respect for such 
        conventions remains critical to upholding humanity in war, 
        protecting people affected by war, and preventing human 
        suffering;
            (2) the Executive branch and Congress must ensure that the 
        United States Government, as the largest donor of lifesaving 
        humanitarian aid--
                    (A) works to overcome policies and actions that 
                unduly impede lifesaving humanitarian access 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 the Geneva 
        Conventions by upholding high standards of conduct within the 
        United States Armed Forces, taking strong measures to ensure 
        compliance with the Geneva Conventions by United States 
        security partners, holding perpetrators of violations of the 
        Geneva Conventions accountable, and seeking compliance with the 
        Geneva Conventions by all parties to armed conflict.
            Amend the title so as to read: ``A resolution marking the 
        70th anniversary of the four Geneva Conventions of 1949, which 
        form a pillar of the law of armed conflict and international 
        humanitarian law and serves as a reminder of the importance and 
        continued relevance of these conventions in a world with 
        proliferating and protracted armed conflicts, unprecedented 
        displacement, and immense suffering.''.




                                                       Calendar No. 146

116th CONGRESS

  1st Session

                              S. RES. 206

_______________________________________________________________________

                               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.

_______________________________________________________________________

                             July 15, 2019

  Reported with an amendment and an amendment to the preamble and an 
                         amendment to the title