[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Page S4532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE CONCURRENT RESOLUTION 31--EXPRESSING THE OUTRAGE OF CONGRESS AT 
THE TREATMENT OF CERTAIN AMERICAN PRISONERS OF WAR BY THE GOVERNMENT OF 
                                  IRAQ

  Mr. FRIST (for Mr. Lieberman (for himself, Mr. Stevens, Mr. Inouye, 
Mr. Frist, Mr. Daschle, and Mr. Warner)) submitted the following 
concurrent resolution; which was referred to the Committee on Foreign 
Relations:

                            S. Con. Res. 31

       Whereas the Authorization for Use of Military Force Against 
     Iraq Rresolution of 2002 (Public Law 107-243; 166 Stat. 
     1498), enacted into law on October 16, 2002, authorizes the 
     President to use the Armed Forces of the United States to 
     defend the national security of the United States against the 
     threat posed by Iraq and to enforce all relevant United 
     Nations Security Council resolutions regarding Iraq;
       Whereas a coalition of nations, under the authority of 
     United Nations Security Council resolution 678 adopted on 
     November 29, 1990 and authorizing member states to use ``all 
     necessary means to uphold and implement resolution 660 
     (1990),'' initiated military action against Iraq in 1991 to 
     enforce compliance with the resolutions of the Security 
     Council;
       Whereas the United Nations Security Council, pursuant to 
     Security Council resolution 687 adopted on April 3, 1991, 
     established a cease-fire subject to compliance with specific 
     conditions and obligations on the part of Iraq;
       Whereas the United Nations Security Council unanimously 
     approved Security Council resolution 1441 on November 8, 
     2002, declaring that Iraq ``has been and remains in material 
     breach of its obligations under relevant resolutions, 
     including resolution 687 (1991), in particular through Iraq's 
     failure to cooperate with United Nations inspectors and the 
     [International Atomic Energy Agency (IAEA)], and to complete 
     the actions required under paragraphs 8 to 13 of resolution 
     687 (1991)'';
       Whereas Iraq failed to avail itself of the ``final 
     opportunity to comply with its disarmament obligations under 
     relevant resolutions of the Council'' that was offered by 
     United Nations Security Council resolution 1441 by failing to 
     ``cooperate immediately, unconditionally, and actively with 
     [the United Nations Monitoring Verification and Inspection 
     Commission (UNMOVIC)] and the IAEA'' and by failing to ``not 
     take or threaten hostile Acts directed against any 
     representative or personnel of the United Nations or the IAEA 
     or of any Member State taking action to uphold any Council 
     resolution'';
       Whereas the President, acting pursuant to his 
     constitutional authority and the authorization of Congress, 
     declared on March 19, 2003 that the United States had 
     initiated military operations in Iraq;
       Whereas, in the ensuing conflict, Iraq has captured 
     uniformed members of the United States Armed Forces and the 
     armed forces of other coalition nations, including the United 
     Kingdom;
       Whereas several American prisoners of war appear to have 
     been publicly and summarily executed following their capture 
     in the vicinity of An Nasiryah, demonstrating, as the 
     President said on March 26, 2003, that in the ranks of that 
     regime are men whose idea of courage is to brutalize unarmed 
     prisoners'';
       Whereas Iraqi state television has subjected American 
     prisoners of war to humiliation, interrogating them publicly 
     and presenting them as objects of public curiosity and 
     propaganda in clear contravention of international law and 
     custom;
       Whereas the customary international law of war has, from 
     its inception, prohibited and condemned as war crimes the 
     killing of prisoners of war and military personnel attempting 
     to surrender;
       Whereas Iraq is a signatory to the Convention Relative to 
     the Treatment of Prisoners of War, dated at Geneva, August 
     12, 1949, and entered into force October 21, 1950 (``the 
     Geneva Convention'');
       Whereas the Geneva Convention requires that ``[p]risoners 
     of war must at all times be humanely treated'' and 
     specifically ``must at all times be protected, particularly 
     against acts of violence or intimidation and against insults 
     and public curiosity'';
       Whereas the Geneva Convention stipulates that ``[p]risoners 
     of war are entitled in all circumstances to respect for their 
     persons and their honour'' and that ``[w]omen shall be 
     treated with all the regard due to their sex'';
       Whereas the Geneva Convention declares that the detaining 
     power is responsible for the treatment afforded prisoners of 
     war, regardless of the identity of the individuals or 
     military units who have captured them; and
       Whereas the United States and the other coalition nations 
     have complied, and will continue to comply, with 
     international law and custom and the Geneva Convention: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) expresses its outrage at the flagrant violations by the 
     Government of Iraq of the customary international law of war 
     and the Convention Relative to the Treatment of Prisoners of 
     War, dated at Geneva, August 12, 1949, and entered into force 
     October 21, 1950;
       (2) supports in the strongest terms the President's warning 
     to Iraq that the United States will hold the Government of 
     Iraq, its officials, and military personnel involved 
     accountable for any and all such violations;
       (3) expects Iraq to comply with the requirements of the 
     international law of war and the explicit provisions of the 
     Convention Relative to the Treatment of Prisoners of War, 
     which afford prisoners of war the proper and humane treatment 
     to which they are entitled; and
       (4) expects that Iraq will afford prisoners of war access 
     to representatives of the International Committee of the Red 
     Cross, as required by the Convention Relative to the 
     Treatment of Prisoners of War.

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