[Congressional Record Volume 147, Number 167 (Wednesday, December 5, 2001)]
[Senate]
[Pages S12462-S12463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TERRORIST BOMBINGS

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Executive Calendar No. 3, the 
International Convention for the Suppression of Terrorist Bombings; 
that the treaty be considered as having advanced through its 
parliamentary stages up to and including the presentation of the 
resolution of ratification and that the reservation, understandings and 
conditions be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution of ratification is as follows:

  International Convention for the Suppression of Terrorist Bombings 
                          (Treaty Doc. 106-6)

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE 
                   INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF 
                   TERRORIST BOMBINGS, SUBJECT TO A RESERVATION, 
                   UNDERSTANDINGS, AND CONDITIONS.

       The Senate advises and consents to the ratification of the 
     International Convention for the Suppression of Terrorist 
     Bombings, adopted by the United Nations General Assembly on 
     December 15, 1997, and signed on behalf of the United States 
     of America on January 12, 1998 (Treaty Document 106-6; in 
     this resolution referred to as the ``Convention''), subject 
     to the reservation in section 2, the understandings in 
     section 3, and the conditions in section 4.

     SEC. 2. RESERVATION.

       The advice and consent of the Senate under section 1 is 
     subject to the reservation, which shall be included in the 
     United States instrument of ratification of the Convention, 
     that:
       (a) pursuant to Article 20(2) of the Convention, the United 
     States of America declares that it does not consider itself 
     bound by Article 20(1) of the Convention; and
       (b) the United States of America reserves the right 
     specifically to agree in a particular case to follow the 
     procedure in Article 20(1) of the Convention or any other 
     procedure for arbitration.

     SEC. 3. UNDERSTANDINGS.

       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification of 
     the Convention:
       (1) Exclusion from coverage of term ``armed conflict''.--
     The United States of America understands that the term 
     ``armed conflict'' in Article 19(2) of the Convention does 
     not include internal disturbances and tensions, such as 
     riots, isolated and sporadic acts of violence, and other acts 
     of a similar nature.
       (2) Meaning of term ``international humanitarian law''.--
     The United States of America understands that the term 
     ``international humanitarian law'' in Article 19 of the 
     Convention has the same substantive meaning as the law of 
     war.
       (3) Exclusion from coverage of activities by military 
     forces.--The United States understands that, under Article 19 
     and Article 1(4), the Convention does not apply to--
       (A) the military forces of a state in the exercise of their 
     official duties;
       (B) civilians who direct or organize the official 
     activities of military forces of a state; or
       (C) civilians acting in support of the official activities 
     of the military forces of a state, if the civilians are under 
     the formal command, control, and responsibility of those 
     forces.

     SEC. 4. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Treaty interpretation.--The Senate re-affirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997 (relating to condition (1) of the resolution of 
     ratification of the INF Treaty, approved by the Senate on May 
     27, 1988).
       (2) Prohibition on extradition to the international 
     criminal court.--The United States shall not transfer any 
     person, or consent to the transfer of any person extradited 
     by the United States, to the International Criminal Court 
     established by the Statute adopted in Rome, Italy, on July 
     17, 1998, unless the Rome Statute has entered into force for 
     the United States, by and with the advice and consent of the 
     Senate, as required by Article II, Section 2, Clause 2 of the 
     United States Constitution.
       (3) Supremacy of the constitution.--Nothing in the 
     Convention requires or authorizes the enactment of 
     legislation or the taking of any other action by the United 
     States that is prohibited by the Constitution of the United 
     States as interpreted by the United States.

  Mr. REID. Mr. President, I ask for a division vote.
  The PRESIDING OFFICER. A division is requested.
  Senators in favor of the resolution of ratification will rise and 
stand until counted.
  Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present and voting, having 
voted in the affirmative, the resolution of ratification is agreed to.
  Mr. REID. Mr. President, I ask unanimous consent that the motions to 
reconsider be laid upon the table, that any statements thereon be 
printed in the Record, that the President be immediately notified of 
the Senate's action, and the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BIDEN. Mr. President, I am pleased to present to the Senate two 
multilateral conventions, negotiated within the UN system, to combat 
two specific aspects of international terrorism. The treaties, the 
International Convention for the Suppression of Terrorist Bombings, and 
the International Convention for the Suppression of the Financing of 
Terrorism, will provide important tools to the President in the global 
campaign against terrorism.
  The two treaties are similar in approach: they require parties to 
criminalize the proscribed behavor--engaging in international terrorist 
bombings and fund raising for international terrorism--and to either 
extradite an alleged offender to another nation that has jurisdiction 
to prosecute or to submit the case for prosecution.
  The conventions have received increasing support from the nations of 
the world. In the last several weeks, many nations have signed or 
ratified the treaties. For example, when the Committee on Foreign 
Relations held a hearing on the treaties in late October, 58 countries 
had signed the International Convention for the Suppression of the 
Financing of Terrorism, but just four had become parties to it. As of 
today, according to the web page of the United Nations, 125 countries 
have signed the Convention, and 15 have become party to it. It will 
enter into force when 22 nations become party to it, so the Senate's 
action today will be an important step in helping bring the Convention 
closer to entry into force.
  I applaud and support the global campaign against terrorism that 
President Bush has waged to date. If we have learned anything about 
foreign policy since September 11, it is the global leadership and 
multilateral cooperation are essential to combating the terrorist 
networks. If we want to use air power in Afghanistan, we need over-
flight rights from countries around the region. If we want Al-Qaeda 
cells to be investigated and arrested, we need our foreign partners to 
join us in the effort. If we want bank accounts of Osama bin Laden and 
his cohorts frozen, we need the assistance of foreign governments and 
foreign bankers. In short, we cannot wage this campaign by ourselves.
  I am pleased that the administration strongly supports these 
conventions. They will provide additional weapons in the terrorism 
campaign. They set international standards--which we will expect 
foreign nations to embrace and enforce. The International Convention

[[Page S12463]]

on the Suppression of the Financing of Terrorism will be of particular 
importance in our continuing effort to squeeze the financial lifeblood 
out of the international terrorism networks.
  Despite this support for multilateral approaches, I find puzzling the 
Administration's failure to seize the initiative in other contexts, 
especially at this time when so many countries are lining up on our 
side in the present conflict. The vicissitudes of the war on terrorism 
also present opportunities to the United States, if only we will seize 
them.
  For example, we all know that rogue states and terrorists are trying 
to obtain biological weapons. In response to this challenge, the 
Administration--which earlier scuttled a draft compliance protocol to 
the Biological Weapons Convention--proposes that countries enact 
national legislation criminalizng violations of the BWC, improve 
bilateral extradition agreements, and adopt strict standards for access 
to dangerous pathogens. But as recently as earlier this week, at the 
BWC Review Conference held every five years, the U.S. delegation was 
resisting the idea of a protocol calling on countries to take those 
actions. It is a mystery to me why the Administration cannot see the 
virtue of global adherence to a set of standards in the fight to 
prevent biological terrorism.
  Mr. President, the Committee on Foreign Relations recommended, by a 
unanimous voice vote, that the Senate advise and consent to the two 
treaties now before the body. I am pleased that my colleagues have 
given their strong support to these conventions.

                          ____________________