[Congressional Record Volume 148, Number 29 (Thursday, March 14, 2002)]
[Senate]
[Pages S1924-S1925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      APPEAL IN THE LOCKERBIE CASE

  Mr. KENNEDY. Mr. President, today justice was shining as the Scottish 
court in the Netherlands upheld the conviction of Libyan intelligence 
officer Abdel Basset al-Megrahi for the terrorist bombing of Pan Am 
flight 103 over Lockerbie, Scotland on December 21, 1988.
  In this heinous crime, Libyan terrorists blew up Pan Am flight 103, 
ruthlessly murdering 270 innocent people, including 189 Americans. 
Until the September 11 terrorist attack, the Pan Am

[[Page S1925]]

case was the most fatal terrorist atrocity in American history.
  Since 1989, our Nation has joined the victims' families to bring the 
terrorists to justice and to compel the Libyan Government to 
acknowledge its responsibility for this terrible act. Today, after more 
than 13 years, a measure of justice has finally been achieved.
  This verdict by the Scottish court is a victory for the families of 
the victims who have been tireless advocates for justice. Thirteen 
families from Massachusetts lost loved ones in the Pan Am flight 103 
attack. Over these 13 difficult years, we have worked with them and the 
other families to bring about today's verdict.
  From the outset, the families of the victims have translated their 
grief into action. They stood up to powerful interests of the oil 
industry, and they have kept the prosecution of those responsible for 
the death of their loved ones at the top of our Nation's agenda. This 
trial and this verdict would not have happened without their impressive 
and ongoing efforts.
  Discussions between the American, British, and Libyan Governments 
regarding compliance with outstanding U.N. Security Council resolutions 
are underway in London.
  Now that the legal case has run its course, diplomatic efforts will 
intensify to ensure that the Government of Libya fully and 
satisfactorily complies with Security Council resolutions before 
sanctions can be permanently lifted.
  In Security Council Resolution 748, the United Nations required the 
Libyan Government to comply with requests addressed to Libyan 
authorities by the governments of France, the United Kingdom, and the 
United States. One of those requests clearly states that the British 
and American governments expect the Government of Libya to ``accept 
complete responsibility for the actions of Libyan officials.''
  This requirement must be fulfilled completely, totally, and 
unequivocally. The United States Government has consistently maintained 
that the Libyan Government carried out this atrocity. Indeed, when two 
Libyan intelligence officials were indicted in 1991, State Department 
spokesman Richard Boucher said: ``This was a Libyan Government 
operation from start to finish. The bombing of Pan Am 103 was not a 
rogue operation.''
  Although the explosion did not take place on American soil, America 
was clearly the target of this attack. The Scottish court concluded 
that Libya was responsible for the bombing, and the Libyan regime must 
accept that responsibility as well. As the London discussions proceed 
between our government, the British Government and the Libyan 
Government the U.S. must make it crystal clear that we will accept 
nothing short of an explicit acceptance of responsibility by Qadhafi's 
government to satisfy this condition.
  Security Council Resolution 748 also requires the Libyan Government 
to ``disclose all it knows of this crime, including the names of all 
those responsible.'' The head of Libyan intelligence, Musa Kusa, has 
been participating in the trilateral discussions in London. At the time 
of the Pan Am bombing, Musa Kusa was the Deputy Chief of Intelligence, 
working under colonel Qadhafi's brother-in-law, and he should be able 
to provide a significant amount of information to satisfy this 
condition. I expect that the U.S. Government is asking Musa Kusa to 
provide this information with the goal of fulfilling this requirement.
  Another clear requirement of Security Council Resolution 748 calls on 
the Libyan Government to ``pay appropriate compensation.'' Discussions 
are underway between private attorneys and the representatives of the 
Libyan Government to address this condition. I am aware that the State 
Department is not directly involved in these negotiations. However, our 
government must ensure that any financial agreement is not considered a 
substitute for acceptance of responsibility accompanies the financial 
agreement.
  Finally, the Security Council Resolution calls on the Government of 
Libya to ``commit itself definitively to cease all forms of terrorist 
action and all assistance to terrorist groups and promptly, by concrete 
actions, demonstrate its renunciation of terrorism.'' Libya has in the 
past supported, trained, and harbored some of the most notorious 
terrorist groups in the world. Our Government must be convinced, beyond 
a doubt, that Libya has abandoned all support for terrorism before 
concluding that this requirement has been satisfied.
  The Congress has consistently stated its view that the Libyan 
Government must fulfill all Security Council resolutions related to the 
Pan Am 103 bombing, most recently when it overwhelmingly approved a 
five-year extension of sanctions in the Iran Libya Sanctions Act.
  I know the administration is working diligently on this matter, and I 
look forward to full and satisfactory compliance with Security Council 
resolutions. These brave families deserve no less.
  Mr. President, this tragedy took place 13 years ago. It is 
instructive for all of us to understand that the only way we are going 
to be able to deal with terrorists is by developing the kind of hard-
edge determination, resolution, persistence in pursuing justice that 
this case has followed over 13 years.
  Too often, with the kinds of challenges we are facing, we find out 
that there is a flurry of activity, and then we find other forces come 
to bear to try to override the underlying issues which are basically at 
stake. We have seen the powerful interests of the oil industry trying 
to push aside the sanctions which we have had in effect. We have seen 
powerful interests in Europe as well try to discount these sanctions.
  It is only because the United States has been resolute, determined, 
and persistent over the period of 13 years, both in the area of 
sanctions as well as pursuing this in the international courts, that we 
have the judgment as we have seen today. That judgment is extremely 
clear in pointing out responsibility to the world. The Scottish court 
is pointing the world to the cause of the terrorism which took 13 
families from my State, 67 members of the U.S. Armed Forces, and scores 
of other Americans. This is a victory for those families.
  It is a very important step that has been taken. It is a 
reaffirmation in our system of justice, and it is a clear indication to 
countries around the world that the United States is going to be 
consistent and persistent to bring those who have created terror to 
justice, no matter how long it takes.

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