[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[Senate]
[Pages S5716-S5717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

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 CONVENTION ON RIGHTS OF THE CHILD ON INVOLVEMENT OF CHILDREN IN ARMED 
                 CONFLICT--TREATY DOCUMENT NO. 106-37A

  Mr. REID. Madam President, I ask unanimous consent that the Senate

[[Page S5717]]

proceed to executive session to consider Executive Calendar No. 5, the 
Optional Protocol No. 1 to the Convention on Rights of the Child on 
Involvement of Children in Armed Conflict; that the protocol be 
considered as having advanced through its parliamentary stages up to 
and including the presentation of the resolution for ratification and 
that the understandings and conditions be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, I ask for a division.
  The PRESIDING OFFICER. A division has been requested. Senators in 
favor of the ratification will rise and stand until counted. (After a 
pause.) Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification, with its understandings 
and conditions, was agreed to as follows:
       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE OPTIONAL 
                   PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE 
                   CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED 
                   CONFLICT, SUBJECT TO UNDERSTANDINGS AND 
                   CONDITIONS.

       The Senate advises and consents to the ratification of the 
     Optional Protocol to the Convention on the Rights of the 
     Child on the Involvement of Children In Armed Conflict, 
     opened for signature at New York on May 25, 2000 (Treaty Doc. 
     106-37; in this resolution referred to as the ``Protocol''), 
     subject to the understandings in section 2 and the conditions 
     in section 3.

     SEC. 2. 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 Protocol:
       (1) No assumption of obligations under the convention on 
     the rights of the child.--The United States understands that 
     the United States assumes no obligations under the Convention 
     on the Rights of the Child by becoming a party to the 
     Protocol.
       (2) Implementation of obligation not to permit children to 
     take direct part in hostilities.--The United States 
     understands that, with respect to Article 1 of the Protocol--
       (A) the term ``feasible measures'' means those measures 
     that are practical or practically possible, taking into 
     account all the circumstances ruling at the time, including 
     humanitarian and military considerations;
       (B) the phrase ``direct part in hostilities''--
       (i) means immediate and actual action on the battlefield 
     likely to cause harm to the enemy because there is a direct 
     causal relationship between the activity engaged in and the 
     harm done to the enemy; and
       (ii) does not mean indirect participation in hostilities, 
     such as gathering and transmitting military information, 
     transporting weapons, munitions, or other supplies, or 
     forward deployment; and
       (C) any decision by any military commander, military 
     personnel, or other person responsible for planning, 
     authorizing, or executing military action, including the 
     assignment of military personnel, shall only be judged on the 
     basis of all the relevant circumstances and on the basis of 
     that person's assessment of the information reasonably 
     available to the person at the time the person planned, 
     authorized, or executed the action under review, and shall 
     not be judged on the basis of information that comes to light 
     after the action under review was taken.
       (3) Minimum age for voluntary recruitment.--The United 
     States understands that Article 3 of the Protocol obligates 
     States Parties to the Protocol to raise the minimum age for 
     voluntary recruitment into their national armed forces from 
     the current international standard of 15 years of age.
       (4) Armed groups.--The United States understands that the 
     term ``armed groups'' in Article 4 of the Protocol means 
     nongovernmental armed groups such as rebel groups, dissident 
     armed forces, and other insurgent groups.
       (5) No basis for jurisdiction by any international 
     tribunal.--The United States understands that nothing in the 
     Protocol establishes a basis for jurisdiction by any 
     international tribunal, including the International Criminal 
     Court.

     SEC. 3. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Requirement to deposit declaration.--The President 
     shall, upon ratification of the Protocol, deposit a binding 
     declaration under Article 3(2) of the Protocol that states in 
     substance that--
       (A) the minimum age at which the United States permits 
     voluntary recruitment into the Armed Forces of the United 
     States is 17 years of age;
       (B) the United States has established safeguards to ensure 
     that such recruitment is not forced or coerced, including a 
     requirement in section 505(a) of title 10, United States 
     Code, that no person under 18 years of age may be originally 
     enlisted in the Armed Forces of the United States without the 
     written consent of the person's parent or guardian, if the 
     parent or guardian is entitled to the person's custody and 
     control;
       (C) each person recruited into the Armed Forces of the 
     United States receives a comprehensive briefing and must sign 
     an enlistment contract that, taken together, specify the 
     duties involved in military service; and
       (D) all persons recruited into the Armed Forces of the 
     United States must provide reliable proof of age before their 
     entry into military service.
       (2) Interpretation of the protocol.--The Senate reaffirms 
     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).
       (3) Reports.--
       (A) Initial report.--Not later than 90 days after the 
     deposit of the United States instrument of ratification, the 
     Secretary of Defense shall submit to the Committee on Foreign 
     Relations and the Committee on Armed Services of the Senate a 
     report describing the measures taken by the military 
     departments to comply with the obligation set forth in 
     Article 1 of the Protocol. The report shall include the text 
     of any applicable regulations, directives, or memoranda 
     governing the policies of the departments in implementing 
     that obligation.
       (B) Subsequent reports.--
       (i) Report by the secretary of state.--The Secretary of 
     State shall submit to the Committee on Foreign Relations and 
     the Committee on Armed Services of the Senate a copy of any 
     report submitted to the Committee on the Rights of the Child 
     pursuant to Article 8 of the Protocol.
       (ii) Report by the secretary of defense.--Not later than 30 
     days after any significant change in the policies of the 
     military departments in implementing the obligation set forth 
     in Article 1 of the Protocol, the Secretary of Defense shall 
     submit a report to the Committee on Foreign Relations and the 
     Committee on Armed Services of the Senate describing the 
     change and the rationale therefor.

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