[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Page S5876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 33--EXPRESSING THE SENSE OF CONGRESS 
 REGARDING THE NEED FOR VIGOROUS PROSECUTION OF WAR CRIMES, GENOCIDE, 
    AND CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC OF YUGOSLAVIA

  Ms. LANDRIEU (for herself and Mr. Specter) submitted the following 
concurrent resolution; which was referred to the Committee on Foreign 
Relations:

                            S. Con. Res. 33

       Expressing the sense of Congress regarding the need for 
     vigorous prosecution of war crimes, genocide, and crimes 
     against humanity in the former Republic of Yugoslavia.
       Whereas the United Nations Security Council created the 
     International Criminal Tribunal for the former Yugoslavia (in 
     this concurrent resolution referred to as the ``ICTY'') by 
     resolution on May 25, 1993;
       Whereas, although the ICTY has indicted 84 people since its 
     creation, these indictments have only resulted in the trial 
     and conviction of 8 criminals;
       Whereas the ICTY has jurisdiction to investigate: grave 
     breaches of the 1949 Geneva Conventions (Article 2), 
     violations of the laws or customs of war (Article 3), 
     genocide (Article 4), and crimes against humanity (Article 
     5);
       Whereas the Chief Prosecutor of the ICTY, Justice Louise 
     Arbour, stated on July 7, 1998, to the Contact Group for the 
     former Yugoslavia that ``[t]he Prosecutor believes that the 
     nature and scale of the fighting indicate that an `armed 
     conflict', within the meaning of international law, exists in 
     Kosovo. As a consequence, she intends to bring charges for 
     crimes against humanity or war crimes, if evidence of such 
     crimes is established'';
       Whereas reports from Kosovar Alabanian refugees provide 
     detailed accounts of systematic efforts to displace the 
     entire Muslim population of Kosovo;
       Whereas in furtherance of this plan, Serbian troops, 
     police, and paramilitary forces have engaged in detention and 
     summary execution of men of all ages, wanton destruction of 
     civilian housing, forcible expulsions, mass executions in at 
     least 60 villages and towns, as well as widespread organized 
     rape of women and young girls;
       Whereas these reports of atrocities provide prima facie 
     evidence of war crimes, crimes against humanity, as well as 
     genocide;
       Whereas any criminal investigation is best served by the 
     depositions and interviews of witnesses as soon after the 
     commission of the crime as possible;
       Whereas the indictment, arrest, and trial of war criminals 
     would provide a significant deterrent to further atrocities;
       Whereas the ICTY has issued 14 international warrants for 
     war crimes suspects that have yet to be served, despite 
     knowledge of the suspects' whereabouts;
       Whereas vigorous prosecution of war crimes after the 
     conflict in Bosnia may have prevented the ongoing atrocities 
     in Kosovo; and
       Whereas investigative reporters have identified specific 
     documentary evidence implicating the Serbian leadership in 
     the commission of war crimes: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) the United States, in coordination with other United 
     Nations contributors, should provide sufficient resources for 
     an expeditious and thorough investigation of allegations of 
     the atrocities and war crimes committed in Kosovo;
       (2) the United States, through its intelligence services, 
     should provide all possible cooperation in the gathering of 
     evidence of sufficient specificity and credibility to secure 
     the indictment of those responsible for the commission of war 
     crimes, crimes against humanity, and genocide in the former 
     Yugoslavia;
       (3) where evidence warrants, indictments for war crimes, 
     crimes against humanity, and genocide should be issued 
     against suspects regardless of their position within the 
     Serbian leadership;
       (4) the United States and all nations have an obligation to 
     honor arrest warrants issued by the ICTY, and the United 
     States should use all appropriate means to apprehend war 
     criminals already under indictment; and
       (5) NATO should not accept any diplomatic resolution to the 
     conflict in Kosovo that would bar the indictment, 
     apprehension, or prosecution of war criminals for crimes 
     committed during operations in Kosovo.

  Ms. LANDRIEU. Mr. President, this resolution, from the Senator from 
Pennsylvania and me, attempts to address the serious issue of war 
crimes. It calls for the Senate to make its voice clear on the issue of 
war crimes and the prosecution of those guilty of such crimes.

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