[Congressional Record Volume 141, Number 128 (Thursday, August 3, 1995)]
[Extensions of Remarks]
[Pages E1619-E1620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              BOSNIA-HERZEGOVINA SELF-DEFENSE ACT OF 1995

                                 ______


                               speech of

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Tuesday, August 1, 1995

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (S. 21) to 
     terminate the United States arms embargo applicable to the 
     Government of Bosnia and Herzegovina:

  Mr. SMITH of New Jersey. Mr. Chairman, this week the Congress spoke 
its mind on the situation in Bosnia and Herzegovina, and we did so 
clearly and forcefully, just as the Senate did last week. By an 
overwhelming majority, we supported the right of the people of Bosnia 
and Herzegovina to defend themselves.
  The Congress, however, is not the only voice expressing outrage over 
the toleration of aggression and genocide. On Monday, 27 
nongovernmental organizations released a joint statement on Bosnia. It 
is a powerful statement which I request be inserted into the Record, 
and which I commend to my colleagues. Let me quote from it:

       Bosnia is not a faraway land of no concern to our 
     ``national interest.'' At stake is the global commitment to 
     fundamental human values--the right not to be killed because 
     of one's religion or ethnic heritage, and the right of 
     civilians not to be targeted by combatants. The time has come 
     for multilateral military action to end the massacre of 
     innocent civilians in Bosnia. Nothing else has worked. Force 
     must be used to stop genocide, not simply to retreat from it. 
     American leadership, in particular, is required.

  These words, Mr. Speaker, come from a variety of American 
organizations. They include religious organizations, those dedicated to 
humanitarian causes, including the care of refugees; and groups 
dedicated to the rule of law. These are not organizations which one 
would assume support military options; the fact that they do says 
something about the gravity of what is happening in Bosnia. Moreover, 
some are Arab-American organizations, and some are Jewish-American 
organizations. The list represents a broad spectrum.
  Another statement on Bosnia has also been released recently--the 
letter of resignation by the U.N.'s rapporteur on human rights in the 
former Yugoslavia, former Polish Prime Minister Tadeusz Mazowiecki. Mr. 
Mazowiecki is known as a thoughtful and principled man; his dedication 
to human rights is evident as much in his resignation as it was in his 
acceptance of this position 3 years ago. I would like to submit that 
statement for the Record as well, Mr. Speaker, and let me quote a few 
lines from it:

       One cannot speak about the protection of human rights with 
     credibility when one is confronted with the lack of 
     consistency and courage displayed by the international 
     community and its leaders. The reality of the human rights 
     situation today is illustrated by the tragedy of the people 
     of Srebrenica and Zepa. . . Crimes have been committed with 
     swiftness and brutality and by contrast the response of the 
     international community has been slow and ineffectual. . . I 
     would like to believe that the present moment will be a 
     turning point in the relationship between Europe and the 
     world toward Bosnia. The very stability of international 
     order and the principle of civilization is at stake over the 
     question of Bosnia. I am not convinced that the turning point 
     hoped for will happen and cannot continue to participate in 
     the pretense of the protection of human rights.

  These words, Mr. Speaker, reflect the frustration of many of us who 
see the conflict in Bosnia for what it is, and know what needs to be 
done to stop it. This is not a civil war based on ancient hatreds. This 
is not simply about Bosnia. This conflict is about aggression and 
genocide, and we must beware the massage which the international 
community is sending should give to those around the world willing to 
use force to achieve their political ends.
  In responding to crises and conflicts, we must remain objective, and 
attempt to see things as they really are, without bias. That means we 
must abandon an artificial neutrality. We must instead identify 
aggressor and stand with the victim of aggression. Just as these 27 
nongovernmental organizations and Mr. Mazowiecki have taken that step, 
so must 

[[Page E 1620]]
this Congress and this country, Mr. Speaker. We must take a stand. It's 
a matter of principle, and of lives.
                    Joint Policy Statement on Bosnia

       The international community's half-measures and evasions 
     have not ended three years of ethnic slaughter in Bosnia. It 
     is time for leadership and action. Bosnia is not a faraway 
     land of no concern to our ``national interest.'' At stake is 
     the global commitment to fundamental human values--the right 
     not to be killed because of one's religious or ethnic 
     heritage, and the right of civilians not to be targeted by 
     combatants.
       The U.N. General Assembly, the U.N. Commission on Human 
     Rights, the World Conference on Human Rights, and the 
     International Criminal Tribunal for the Former Yugoslavia 
     have all decried the slaughter in Bosnia as genocide, one of 
     the most heinous crimes known to humanity. The international 
     community has a moral and legal duty to prevent genocide 
     (Convention on the Prevention and Punishment of the Crime of 
     Genocide, Art. VIII) and to see that its instigators and 
     those responsible for parallel war crimes and crimes against 
     humanity are brought to justice.
       The time has come for multilateral military action to end 
     the massacre of innocent civilians in Bosnia. Nothing else 
     has worked. Force must be used to stop genocide, not simply 
     to retreat from it. American leadership, in particular, is 
     required.
       We represent 27 different human rights, humanitarian, 
     religious and professional organizations. So far, our 
     organizations have worked individually to end the atrocities 
     in Bosnia. Today, in an effort to end the paralysis, we join 
     together. We urgently call on President Clinton and the 
     leaders of the other major powers to take the following 
     steps:
       Protect civilians in all ``safe areas.'' The major powers, 
     through their votes on the Security Council, established the 
     six ``safe areas'' in Bosnia. Tens of thousands of Bosnians, 
     many of whom had been driven from their homes elsewhere in 
     the country, entrusted their lives to the international 
     forces. Instead, in Srebrenica and Zepa, they have been 
     abandoned. The major powers' recent vow to retaliate 
     forcefully against Bosnian Serb forces if they advance on 
     Gorazde is not enough. It should be extended to all remaining 
     ``safe areas''--Bihac, Sarajevo and Tuzla, as well as 
     Gorazde--and triggered not only if troops advance on those 
     havens but also if their civilians are shelled. Any military 
     action by intervening troops should comply strictly with 
     international humanitarian law.
       Insist on immediate access to all detainees from Srebrenica 
     and Zepa. Thousands of men who had taken refuge in Srebrenica 
     and Zepa have now been detained by Bosnian Serb forces or 
     face imminent detention. Reports of brutality in Srebrenica 
     demonstrate that these detainees face an all-too-real threat 
     of murder. To prevent further massive loss of life, the major 
     powers should insist that international humanitarian 
     organizations are given immediate access to all detainees and 
     demand that their safety and well-being are ensured.
       Ensure the delivery of humanitarian supplies to civilians 
     in the ``safe areas.'' The major powers must ensure the 
     delivery of humanitarian supplies to the ``safe areas,'' if 
     necessary by employing military force in response to the 
     obstruction of those supplies. For instance, the major powers 
     should secure the passage of supplies to Sarajevo over the 
     Mt. Igman road and ensure the delivery of supplies by airdrop 
     to enclaves that are not accessible by land. Deployment of 
     the rapid reaction force on Mt. Igman has begun, but we 
     remain concerned by the major powers' continuing 
     unwillingness to insist on the right to deliver humanitarian 
     supplies in the absence of Bosnian Serb assent.
       Stigmatize those who direct, assist and supply abusive 
     troops. The major powers should publicly name the senior 
     political and military leaders who are presiding over 
     atrocities. Details of their crimes should be made public and 
     provided to the International Criminal Tribunal for the 
     Former Yugoslavia. The major powers, and particularly the 
     U.S. government, should also disclose all available 
     information, including intelligence, that implicates Serbia 
     in supplying, assisting or directing Bosnian Serb troops. The 
     major powers should also strengthen the regime for monitoring 
     external support to Bosnian Serb forces.
       Do not lift, suspend or weaken sanctions against Belgrade 
     until it cooperates fully with the investigation and 
     extradition of suspected and indicted war criminals. The 
     creation of the International Criminal Tribunal for the 
     Former Yugoslavia is an historic opportunity to demonstrate 
     that genocide, war crimes and crimes against humanity cannot 
     be committed with impunity--a message that was reaffirmed 
     with last week's indictment of Bosnian Serb political and 
     military leaders Radovan Karadzic and Ratko Mladic. The 
     Tribunal promises justice for victims, deterrence against 
     further abuse, and a basis for eventual peace and 
     reconciliation by substituting individualized guilt for the 
     assumptions of collective ethnic guilt that now fuel the 
     conflict. In recognition of the need for the Serbian 
     government's active support to secure the presence of 
     defendants for trial, the U.S. government had insisted 
     throughout much of 1994 that sanctions against Belgrade would 
     not be eased until it cooperated in the investigation and 
     extradition of suspected and indicted war criminals. But to 
     date, Belgrade has blocked Tribunal investigators and done 
     nothing to secure custody of Bosnian Serbs under indictment. 
     We are deeply disturbed that the major powers are nonetheless 
     now offering Belgrade an opportunity to suspend sanctions in 
     return for political concessions that have nothing to do with 
     the Tribunal. That offer should be withdrawn, and Belgrade's 
     active cooperation with the Tribunal should be made a 
     prerequisite for any new suspension, lifting or easing of the 
     sanctions.
       Signed by: The American Jewish Committee; The American 
     Jewish Congress; American Nurses Association; Anti-Defamation 
     League; Arab-American Anti-Discrimination Committee; B'nai 
     B'rith; Center for Civil and Human Rights; Center for 
     Constitutional Rights; Equality Now; Human Rights Watch; 
     Institute for War and Peace Reporting; International League 
     for Human Rights; International Human Rights Law Group; 
     International Human Rights Law Institute, DePaul University, 
     College of Law; Jacob Blaustein Institute for the Advancement 
     of Human Rights; Lowenstein International Human Rights 
     Clinic, Yale Law School; Minnesota Advocates for Human 
     Rights; National Association of Arab Americans; National 
     Jewish Community Relations Advisory Council; Physicians for 
     Human Rights; Refugees International; Saferworld; Travelers 
     and Immigrants Aid of Chicago; Union of American Hebrew 
     Congregations; Women's Refugee Project (Harvard Law School); 
     World Vision (Andrew Natsios, Executive Director and Bob 
     Seiple, President); U.S. Committee for Refugees.
                                  United Nations Office at Geneva,


                                      Centre for Human Rights,

                                  CH 1211 Geneve 10,July 27, 1995.
     His Excellency Tan Sri Dato Musa Hitam,
     Chairman of the Commission on Human Rights, Xuala Lumpur.
       Dear Mr. Chairman: Events in recent weeks in Bosnia and 
     Herzegovina, and above all the fact that the United Nations 
     has allowed Srebrenica and Zepa to fall along with the 
     horrendous tragedy which has beset the population of those 
     ``safe havens'' guaranteed by international agreements, 
     oblige me to state that I do not see any possibility of 
     continuing the mandate or special rapporteur entrusted to me 
     by the commission on human rights.
       On accepting the mandate which was given to me for the 
     first time in August 1992, I declared unequivocally that my 
     goal would not simply be writing reports but helping the 
     people themselves. The creation of ``safe havens'' was from 
     the very beginning a central recommendation in my reports. 
     The recent decisions of the London conference which accepted 
     the fall of Srebrenica and resigned itself to the fate of 
     Zepa are unacceptable to me. Those decisions did not create 
     the conditions necessary for the defense of all ``safe 
     havens''.
       These events constitute a turning point in the development 
     of the situation in Bosnia. At one and the same time, we are 
     dealing with the struggle of a state, a member of the United 
     Nations, for its survival and multi-ethnic character, and 
     with the endeavour to protect principles of international 
     order. One cannot speak about the protection of human rights 
     with credibility when one is confronted with the lack of 
     consistency and courage displayed by the international 
     community and its leaders, the reality of the human rights 
     situation today is illustrated by the tragedy of the people 
     of Srebrenica and Zepa.
       Human rights violations continue blatantly. There are 
     constant blockades of the delivery of humanitarian aid. The 
     civilian population is shelled remorsely and the ``blue 
     helmets'' and representatives of humanitarian organizations 
     are dying. Crimes have been committed with swiftness and 
     brutality and by contrast the response of the international 
     community has been slow and ineffectual.
       The character of my mandate only allows me to further 
     describe crimes and violations of human rights. But the 
     present critical moment forces us to realize the true 
     character of those crimes and the responsibility of Europe 
     and the international community for their own helplessness in 
     addressing them. We have been fighting in Poland against a 
     totalitarian system with a vision for the Europe of tomorrow. 
     How can we believe in a Europe of tomorrow created by 
     children of people who are abandoned today?
       I would like to believe that the present moment will be a 
     turning point in the relationship between Europe and the 
     world towards Bosnia. The very stability of International 
     order and the principle off civilisation is at stake over the 
     question of Bosnia. I am not convinced that the turning point 
     hoped for will happen and cannot continue to participate in 
     the pretense of the protection of human rights.
       Mr. Chairman, please understand the motives behind my 
     decision and convey them to the members of the Commission on 
     Human Rights. I will submit my final eighteenth report based 
     on my recent mission to Tuzla to the commission in the near 
     future.
       Please accept, Excellency, the assurances of my highest 
     consideration.
     Tadeus, Mazowiecki,
     Special Rapporteur on the situation of human rights in the 
     territory of the former Yugoslavia.
     

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