[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1188 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. RES. 1188
Expressing the sense of the House of Representatives that the United
States expects the Government of Russia, led by Vladimir Putin, to
comply with the Geneva Conventions and their Additional Protocols, also
known as the Humanitarian Law of Armed Conflicts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2022
Mr. Kinzinger (for himself and Mr. Lieu) submitted the following
resolution; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives that the United
States expects the Government of Russia, led by Vladimir Putin, to
comply with the Geneva Conventions and their Additional Protocols, also
known as the Humanitarian Law of Armed Conflicts.
Whereas, on February 24, 2022, Russia launched a military assault on Ukraine
which has led to the death of thousands and displaced millions of
Ukrainians, now refugees;
Whereas, on February 28, 2022, Karim A.A. Khan QC, International Criminal Court
Prosecutor, opened an investigation into the situation in Ukraine;
Whereas the Armed Forces of Ukraine are the official military forces of Ukraine,
and they are the principal defensive force against any aggression
against the sovereign state of Ukraine;
Whereas President of Ukraine Volodymyr Zelensky created the International Legion
of Defense of Ukraine, consisting of foreign citizens wishing to join
the resistance against the Russian occupants and fight for global
security;
Whereas all legitimate members of the International Legion of Defense of Ukraine
are recognized as official members of the Armed Forces of Ukraine;
Whereas the Geneva Conventions and Additional Protocols are the core of
international humanitarian law, and many rules contained in these
treaties are considered customary international law, binding on all
states, whether or not they have ratified the treaties;
Whereas the Governments of Ukraine and Russia are parties to the Geneva
Conventions and Additional Protocols;
Whereas Article 13 of Part II of the Second Geneva Convention states,
``Prisoners of war must at all times be humanely treated. Any unlawful
act or omission by the Detaining Power causing death or seriously
endangering the health of a prisoner of war in its custody is
prohibited, and will be regarded as a serious breach of the present
Convention.'';
Whereas Article 14 of Part II of the Second Geneva Convention states,
``Prisoners of war are entitled in all circumstances to respect for
their persons and their honour . . . Prisoners of war shall retain the
full civil capacity which they enjoyed at the time of their capture. The
Detaining Power may not restrict the exercise, either within or without
its own territory, of the rights such capacity confers except in so far
as the captivity requires.'';
Whereas Article 15 of Part II of the Second Geneva Convention states, ``The
Power detaining prisoners of war shall be bound to provide free of
charge for their maintenance and for the medical attention required by
their state of health.'';
Whereas Article 16 of Part II of the Second Geneva Convention states, ``Taking
into consideration the provisions of the present Convention relating to
rank and sex, and subject to any privileged treatment which may be
accorded to them by reason of their state of health, age or professional
qualifications, all prisoners of war shall be treated alike by the
Detaining Power, without any adverse distinction based on race,
nationality, religious belief or political opinions, or any other
distinction founded on similar criteria.'';
Whereas Article 17 of Part III, Section I of the Second Geneva Convention
states, ``No physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them information of
any kind whatever. Prisoners of war who refuse to answer may not be
threatened, insulted, or exposed to any unpleasant or disadvantageous
treatment of any kind. Prisoners of war who, owing to their physical or
mental condition, are unable to state their identity, shall be handed
over to the medical service. The identity of such prisoners shall be
established by all possible means, subject to the provisions of the
preceding paragraph.'';
Whereas Article 18 of Part III, Section I of the Second Geneva Convention
states, ``All effects and articles of personal use, except arms, horses,
military equipment and military documents shall remain in the possession
of prisoners of war, likewise their metal helmets and gas masks and like
articles issued for personal protection. Effects and articles used for
their clothing or feeding shall likewise remain in their possession,
even if such effects and articles belong to their regulation military
equipment. At no time should prisoners of war be without identity
documents. The Detaining Power shall supply such documents to prisoners
of war who possess none. Badges of rank and nationality, decorations and
articles having above all a personal or sentimental value may not be
taken from prisoners of war . . . The Detaining Power may withdraw
articles of value from prisoners of war only for reasons of security;
when such articles are withdrawn, the procedure laid down for sums of
money impounded shall apply.'';
Whereas Article 19 of Part III, Section I of the Second Geneva Convention
states, ``Prisoners of war shall be evacuated, as soon as possible after
their capture, to camps situated in an area far enough from the combat
zone for them to be out of danger. Only those prisoners of war who,
owing to wounds or sickness, would run greater risks by being evacuated
than by remaining where they are, may be temporarily kept back in a
danger zone. Prisoners of war shall not be unnecessarily exposed to
danger while awaiting evacuation from a fighting zone.'';
Whereas Article 20 of Part III, Section I of the Second Geneva Convention
states, ``The evacuation of prisoners of war shall always be effected
humanely and in conditions similar to those for the forces of the
Detaining Power in their changes of station. The Detaining Power shall
supply prisoners of war who are being evacuated with sufficient food and
potable water, and with the necessary clothing and medical attention.
The Detaining Power shall take all suitable precautions to ensure their
safety during evacuation, and shall establish as soon as possible a list
of the prisoners of war who are evacuated. If prisoners of war must,
during evacuation, pass through transit camps, their stay in such camps
shall be as brief as possible.'';
Whereas Article 22 of Part III, Section II, Chapter I of the Second Geneva
Convention states, ``Prisoners of war may be interned only in premises
located on land and affording every guarantee of hygiene and
healthfulness. Except in particular cases which are justified by the
interest of the prisoners themselves, they shall not be interned in
penitentiaries. Prisoners of war interned in unhealthy areas, or where
the climate is injurious for them, shall be removed as soon as possible
to a more favourable climate. The Detaining Power shall assemble
prisoners of war in camps or camp compounds according to their
nationality, language and customs, provided that such prisoners shall
not be separated from prisoners of war belonging to the armed forces
with which they were serving at the time of their capture, except with
their consent.'';
Whereas Article 23 of Part III, Section II, Chapter I of the Second Geneva
Convention states, ``No prisoner of war may at any time be sent to or
detained in areas where he may be exposed to the fire of the combat
zone, nor may his presence be used to render certain points or areas
immune from military operations. Prisoners of war shall have shelters
against air bombardment and other hazards of war, to the same extent as
the local civilian population. With the exception of those engaged in
the protection of their quarters against the aforesaid hazards, they may
enter such shelters as soon as possible after the giving of the alarm.
Any other protective measure taken in favour of the population shall
also apply to them. Detaining Powers shall give the Powers concerned,
through the intermediary of the Protecting Powers, all useful
information regarding the geographical location of prisoner of war
camps.'';
Whereas Article 25 of Part III, Section II, Chapter II of the Second Geneva
Convention states, ``Prisoners of war shall be quartered under
conditions as favourable as those for the forces of the Detaining Power
who are billeted in the same area. The said conditions shall make
allowance for the habits and customs of the prisoners and shall in no
case be prejudicial to their health. The foregoing provisions shall
apply in particular to the dormitories of prisoners of war as regards
both total surface and minimum cubic space, and the general
installations, bedding and blankets. The premises provided for the use
of prisoners of war individually or collectively, shall be entirely
protected from dampness and adequately heated and lighted, in particular
between dusk and lights out. All precautions must be taken against the
danger of fire. In any camps in which women prisoners of war, as well as
men, are accommodated, separate dormitories shall be provided for
them.'';
Whereas Article 26 of Part III, Section II, Chapter II of the Second Geneva
Convention states, ``The basic daily food rations shall be sufficient in
quantity, quality and variety to keep prisoners of war in good health
and to prevent loss of weight or the development of nutritional
deficiencies. Account shall also be taken of the habitual diet of the
prisoners. The Detaining Power shall supply prisoners of war who work
with such additional rations as are necessary for the labour on which
they are employed. Sufficient drinking water shall be supplied to
prisoners of war. The use of tobacco shall be permitted. Prisoners of
war shall, as far as possible, be associated with the preparation of
their meals; they may be employed for that purpose in the kitchens.
Furthermore, they shall be given the means of preparing, themselves, the
additional food in their possession. Adequate premises shall be provided
for messing. Collective disciplinary measures affecting food are
prohibited.'';
Whereas Article 27 of Part III, Section II, Chapter II of the Second Geneva
Convention states, ``Clothing, underwear and footwear shall be supplied
to prisoners of war in sufficient quantities by the Detaining Power,
which shall make allowance for the climate of the region where the
prisoners are detained. Uniforms of enemy armed forces captured by the
Detaining Power should, if suitable for the climate, be made available
to clothe prisoners of war. The regular replacement and repair of the
above articles shall be assured by the Detaining Power. In addition,
prisoners of war who work shall receive appropriate clothing, wherever
the nature of the work demands.'';
Whereas Article 29 of Part III, Section II, Chapter III of the Second Geneva
Convention states, ``The Detaining Power shall be bound to take all
sanitary measures necessary to ensure the cleanliness and healthfulness
of camps, and to prevent epidemics. Prisoners of war shall have for
their use, day and night, conveniences which conform to the rules of
hygiene and are maintained in a constant state of cleanliness. In any
camps in which women prisoners of war are accommodated, separate
conveniences shall be provided for them. Also, apart from the baths and
showers with which the camps shall be furnished, prisoners of war shall
be provided with sufficient water and soap for their personal toilet and
for washing their personal laundry; the necessary installations,
facilities and time shall be granted them for that purpose.'';
Whereas Article 30 of Part III, Section II, Chapter III of the Second Geneva
Convention states, ``Every camp shall have an adequate infirmary where
prisoners of war may have the attention they require, as well as
appropriate diet. Isolation wards shall, if necessary, be set aside for
cases of contagious or mental disease. Prisoners of war suffering from
serious disease, or whose condition necessitates special treatment, a
surgical operation or hospital care, must be admitted to any military or
civilian medical unit where such treatment can be given, even if their
repatriation is contemplated in the near future. Special facilities
shall be afforded for the care to be given to the disabled, in
particular to the blind, and for their rehabilitation, pending
repatriation. Prisoners of war shall have the attention, preferably, of
medical personnel of the Power on which they depend and, if possible, of
their nationality. Prisoners of war may not be prevented from presenting
themselves to the medical authorities for examination. The detaining
authorities shall, upon request, issue to every prisoner who has
undergone treatment, an official certificate indicating the nature of
his illness or injury, and the duration and kind of treatment received.
A duplicate of this certificate shall be forwarded to the Central
Prisoners of War Agency. The costs of treatment, including those of any
apparatus necessary for the maintenance of prisoners of war in good
health, particularly dentures and other artificial appliances, and
spectacles, shall be borne by the Detaining Power.'';
Whereas Article 31 of Part III, Section II, Chapter III of the Second Geneva
Convention states, ``Medical inspections of prisoners of war shall be
held at least once a month. They shall include the checking and the
recording of the weight of each prisoner of war. Their purpose shall be,
in particular, to supervise the general state of health, nutrition and
cleanliness of prisoners and to detect contagious diseases, especially
tuberculosis, malaria and venereal disease. For this purpose the most
efficient methods available shall be employed, e.g. periodic mass
miniature radiography for the early detection of tuberculosis.''; and
Whereas Part III, Section II, Chapters IV, V, VI, and VIII, and additional
Sections III, IV, and V of the Second Geneva Convention and their
Additional Protocols shall also be abided and are applicable to all
prisoners of war under the internment of the Government of Russia: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) demands the Government of Russia to treat all forcibly
detained people with dignity and abide by the Geneva
Conventions and their Additional Protocols, also known as the
Humanitarian Law of Armed Conflicts;
(2) urges the United States and members of the North
Atlantic Treaty Organization to closely monitor the treatment
of prisoners of war and ensure appropriate actions are
consistently taken to verify their safety and health;
(3) forcefully condemns the continued use of unlawful and
indiscriminate violence against civilian populations by the
Government of Russia, its allies, and any other parties to the
conflict;
(4) urges that the global community hold Vladimir Putin,
the Government of Russia, and its allies accountable for war
crimes committed during the military invasion of Ukraine;
(5) supports the continued use of sanctions against Russia
and its allies until Russia ends its military invasion and
unequivocally recognizes Ukraine's internationally recognized
borders and political independence; and
(6) proudly stands in solidarity with the people of Ukraine
who are fighting for their freedom and democracy, Slava
Ukraini, glory to Ukraine.
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