[Congressional Record Volume 149, Number 57 (Wednesday, April 9, 2003)]
[Senate]
[Pages S5045-S5049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXPRESSING OUTRAGE AT TREATMENT OF CERTAIN AMERICAN PRISONERS OF WAR BY 
                                  IRAQ

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of S. Con. Res. 31. The clerk will report 
the title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 31) expressing the 
     outrage of Congress at the treatment of certain American 
     prisoners of war by the Government of Iraq.

  The PRESIDING OFFICER. Under the previous order, there is now 1 hour 
of debate evenly divided on the resolution.
  The Senator from Virginia is recognized.
  Mr. WARNER. Mr. President, this resolution reads in part in the 
whereas clauses that Saddam Hussein has failed to comply with United 
Nations Security Council resolutions, and we enumerate a series of 
resolutions that the military action now underway against Iraq is 
lawful and fully authorized by the Congress in section 38 of Public Law 
107-243, which passed the Senate on October 10, 2002, by a vote of 77 
to 23 and which passed the House of Representatives on that same day by 
a vote of 296 to 33.
  The whereas clauses, which will be printed in the Record, are 
numerous but very important, each and every one of them. I shall not go 
through them all, but they are:

       Resolved by the Senate, with the House of Representatives 
     concurring, that Congress express its outrage at the flagrant 
     violations by the Government of Iraq of the customary 
     international law and the Geneva Convention relative to the 
     treatment of prisoners of war dated August 12, 1949, and 
     entered into force October 21, 1950;
       Further resolved, with the Senate supporting, 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;
       Further, 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 
     they are entitled.

  And lastly:

       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.

  Throughout today, the Senate has had a series of briefings from 
senior representatives from the Departments of Defense and State and 
over 50 Senators attended a briefing given by the Secretary of Defense, 
Mr. Rumsfeld, accompanied by the Chairman of the Joint Chiefs, Richard 
Myers.
  So far as we know, to date, none of the requirements of international 
law have yet been met by--I say the Government of Iraq, as the 
resolution does--Saddam Hussein's regime.
  Prisoners of war have always been a subject that is very important to 
the Congress of the United States. Just down this hallway in the 
historic Rotunda, capped by the dome which is seen throughout the 
Nation's Capitol, and which is viewed throughout the world as a symbol 
of liberty--beneath the Capitol dome hangs that flag. It has been there 
ever since I was privileged to join this institution, and this is my 
25th year, a quarter of a century. It is there because of the constant 
feeling of the Congress for the unaccounted-for prisoners of war and 
our compassion for the families and the loved ones they leave behind. I 
just want all America to know how important POWs are to this 
institution.
  The distinguished majority leader, Mr. Frist, the distinguished 
Democratic leader, Mr. Daschle, Mr. Santorum, Mr. Stevens, Mr. Inouye, 
Mr. McCain, myself, and others working very carefully--Senator Lugar 
joined us--put together, in very simple language, the expressions of 
this body of our concern for those unaccounted for in this war.
  Today, I think our hearts were somewhat lifted, generally speaking, 
by the reports we received about the progress of the war to date. We 
watched, with the embedded journalists, as they are referred to, who 
risked their own lives and safety--a number having been lost

[[Page S5046]]

of recent days--to get the pictures, real time, so the world could see 
the statue of Saddam Hussein being dragged down to Earth, an act made 
possible by brave men and women of the coalition of forces fighting at 
this very moment in Iraq.
  It was a historic moment today. For those of us who have had the 
opportunity to share in history, it brought back memories of the Berlin 
Wall. It brought back the memories of the American School, stories of 
when the Bastille fell and the prisoners were released.
  A picture is worth a thousand words. Indeed, this was worth tens upon 
tens of thousands of words as the world witnessed.
  Our President from the very first characterized this conflict as a 
war of liberation, a war where the coalition of the willing nations, 
primarily the United States, Great Britain, Poland, Australia--others 
that have contributed forces--a coalition of the willing to liberate 
the people of Iraq. We looked into the faces of many of those people 
today and shared with the world their joy--today in Baghdad; a day or 
two ago, Basra and elsewhere.
  We were reminded just a few minutes ago by the Secretary of Defense 
and the Chairman of the Joint Chiefs that it is not over. Much could 
remain to be done. Our forces are committed. Our forces are in place. 
The sacrifices could once again result from the commitment of these 
brave young men and women of the Armed Forces of the United States. We 
are witnessing true liberation of an oppressed people, as our 
President, George Bush, said it would be.
  It is important to remember that this moment could not have arrived 
without the bravery and professionalism and sacrifices of our young men 
and women in uniform. Those of us who have had the privilege of wearing 
that uniform in years past--and in a very modest way I have had that 
opportunity, together with many Members of this Chamber--I do not think 
we can recall a contemporary chapter in our lifetimes where we have 
seen a greater degree of professionalism, commitment, and bravery 
than by these troops. There were troops on the ground, troops in the 
air, sailors at sea--the precision with which the airmen have dropped 
their ordnance, often taking risks to protect as best we can in war the 
innocent people of this Nation of Iraq.

  From the very onset we have made it clear we are not waging this 
conflict against those people. It is for those people and for their 
liberation. We must also acknowledge the exceptional professionalism, 
military professionalism of those who drew up this plan. There was none 
quite like it in the annals of military history. It had bold features, 
which historians will study for years to come. But Secretary Rumsfeld 
and General Tommy Franks, the CENTCOM commander, and others put it 
together. There were periods when some--not this Senator but some--
questioned whether it was properly drawn up. But now I think without a 
doubt in the minds of any reasonable people, that plan is working well. 
It will continue to work well. It will fulfill the goals for which this 
conflict, by necessity of the failure of diplomacy, was initiated.
  It is also important to remain cautious and vigilant. We were 
reminded of that again in the past hour by the Secretary and the 
General. Much remains to be done to stabilize a precarious security 
situation and restore order so that humanitarian and reconstruction 
efforts, which are really now underway, can grow in intensity and 
embrace, I hope, the contributions of many nations, not just the 
coalition of the willing but others who are willing to help these 
people.
  Regrettably, more lives may be lost before we can be sure that 
freedom has been secured and the Saddam Hussein regime has no vestige 
of control for now and forevermore, so we can pursue, in relative 
security, fulfilling the goals for which we set out--to free these 
people and enable them to establish their own government, hopefully 
through a voting process, and elect their own representatives as 
quickly as possible.
  As we have an uplifting of hearts and minds over the signs of what 
could be the beginning of the end of this conflict, we mourn for those 
we lost and renew our pledge to leave no one behind. There are still 
service men and women missing or captive, and we are make every effort 
to recover them. I particularly note CDR Scott Speicher, U.S. Navy. The 
Secretary just reaffirmed reports that we had heard a special team has 
been sent in to rescue this aviator who was among the very first who 
fell in the line of duty. Hopefully, he is alive and one day he can be 
repatriated to his family and the Navy which he loves so much.
  The manner in which we have seen the Iraqi regime treat our people 
has been outrageous, unacceptable by any reasonable standard, by any 
interpretation of international law, by any understanding of common 
decency.
  The resolution we consider today expresses the concerns of the Senate 
about this treatment and demands that they be treated humanely, as all 
civilized nations have agreed to do. To those who have witnessed the 
mistreatment or participated in the mistreatment of these brave men and 
women, we pledge that they will be held accountable.
  The fact that there may be no longer a Government of Iraq is of no 
consequence. Those responsible for violating the rights of our service 
men and women will be held accountable. No matter where they are, we 
will eventually find them and hold them accountable.
  It is noteworthy that we consider this resolution today not only 
because of the apparent increase in freedom for the people of Baghdad 
and the symbolic end of this oppressive regime but because President 
Bush has declared this day ``National Former POW Recognition Day.''
  As we recall the service of those national heroes who gave so much in 
defense of our country, we also must think of our men and women still 
in captivity: We will not forget you. We will work for your fair 
treatment. We will tirelessly endeavor for your safe and speedy return. 
We will care for your families. We will leave no one behind.
  Mr. President, I ask unanimous consent that relevant material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         National Former Prisoner of War Recognition Day, 2003

       Americas former Prisoners of War are national heroes whose 
     service to our country will never be forgotten. These brave 
     men and women who fought for America and endured cruelties 
     and deprivation as prisoners of war helped to protect our 
     Nation, liberated millions of people from the threats of 
     tyranny and terror, and advanced the cause of freedom 
     worldwide.
       This year, our Nation commemorates the 50th anniversary of 
     the signing of the armistice to end armed conflict in the 
     Korean War. We remember Operation Little Switch, conducted 
     April through May 1953, that freed 149 American POWs, and 
     Operation Big Switch, conducted August through September 
     1953, which returned 3,597 Americans to our country. Finally, 
     Operation Glory, conducted July through November 1954, was 
     responsible for the return of the remains of 2,944 Americans 
     from North Korea. During this observance, we also recognize 
     and honor the more than 8,100 Americans still unaccounted for 
     from the Korean War.
       This year also marks the 30th anniversary of Operation 
     Homecoming, in which 591 American POWs from Vietnam were 
     returned. We also recognize and honor those Americans still 
     unaccounted for from the Vietnam War.
       All of these individuals are to be honored for their 
     strength of character and for the difficulties they and their 
     families endured. From World War II, the Korean War, and 
     Vietnam, to the 1991 Gulf War, Operation Iraqi Freedom, and 
     other conflicts, our service men and women have sacrificed 
     much to secure freedom, defend the ideals of our Nation, and 
     free the oppressed. By answering the call of duty and risking 
     their lives to protect others, these proud Patriots continue 
     to inspire us today as we work with our allies to extend 
     peace, liberty, and opportunity to people around the world.
       As we honor our former POWs, we are reminded of our current 
     POWs, captured in Operation Iraqi Freedom. We will work to 
     secure their freedom, and we pray for their speedy and safe 
     return. These brave men and women in uniform follow in the 
     footsteps of these former POWs who placed country above self 
     to advance peace in a troubled world.
       Now therefore, I GEORGE W. BUSH, President of the United 
     States of America, by virtue of the authority vested in me by 
     the Constitution and laws of the United States, do hereby 
     proclaim April 9, 2003, as National Former Prisoner of War 
     Recognition Day. I call upon all the people of the United 
     States to join me in remembering former American prisoners of 
     war by honoring the memory of

[[Page S5047]]

     their sacrifices and in praying for the safe return of our 
     POWs. I also call upon Federal, State, and local government 
     officials and private organizations to observe this day with 
     appropriate ceremonies and activities.
       In witness whereof, I have hereunto set my hand this eighth 
     day of April, in the year of our Lord two thousand three, and 
     of the Independence of the United States of America the two 
     hundred and twenty-seventh.
                                                   George W. Bush.

  Mr. LIEBERMAN. Mr. President, the progress in Iraq has been stunning. 
The war is not over, but it is within sight. I think we can safely say 
this looks like the beginning of the end. Saddam Hussein, that brutal 
and murderous dictator, is nowhere to be seen. Baghdad has been 
reclaimed, and the Iraqi people are being liberated.
  But let us not for a moment forget the service and sacrifice of our 
brave and brilliant men and women in uniform, which brought us to this 
day. And let us not for a moment forget that in the midst of all this, 
while the Iraqi people are being freed, men and women of the American 
military remain prisoners--prisoners of the remnants of Saddam's brutal 
regime.
  We all recall the heroic rescue of PFC Jessica Lynch last week. One 
soldier rescued, and so much joy. But that joy and the rush of events 
in Iraq cannot overshadow the danger that continues to face others like 
her who were not so fortunate to be saved from captivity.
  We cannot and we shall not forget any missing American or POW, not 
for a moment. And, whether this regime is dying or dead, we cannot and 
will not allow the brutal treatment of American prisoners at the hands 
of Saddam's regime to unchallenged.
  One way to do that, is to have the American Government speak with a 
strong and unified voice against this abhorrent behavior.
  That is precisely what the resolution before us, S. Con. Res. 31, 
does. It expresses support for our troops reaffirms the international 
standards that have bound and will continue to bind the U.S. military 
in our treatment of Iraqi prisoners, makes clear the outrage of this 
Congress at Iraq's appalling and criminal treatment of American 
prisoners of war, and commits us, as a nation, to follow through and 
hold those who commit crimes against our soldiers accountable for their 
actions.

  My colleague from Virginia and I offer this resolution proudly, for 
those Americans in captivity and those who may fall into captivity from 
this day forward. I am sure that I speak for both of us when I say that 
we are deeply gratified that our colleagues from Alaska and Hawaii, 
Senator Stevens and Senator Inouye--two honorable men whose 
contributions to this Nation on the battlefield are well-known--have 
joined us in cosponsoring this resolution. I further wish to thank 
Senator Frist, our majority leader, and my good friend, Senator Tom 
Daschle, the Democratic leader, for their support.
  This is not a partisan issue. It is not a question of politics. This 
is a matter of honor. And honor is something clearly lacking in the 
Iraqi regime.
  The insulting and humiliating manner in which American prisoners of 
war have been publicly paraded and interrogated on state television is 
bad enough. To have members of the American Armed Forces allegedly 
executed in public--shot in the back of the head--is reprehensible. To 
have their bodies publicly displayed on state television was inhumane 
sacrilege.
  I have been appalled--and I know I am not alone--by the flagrant 
violations of the rules of warfare and the Geneva Convention that we 
have witnessed these past weeks.
  It is a violation of the Geneva Convention and the customary rules of 
war to mistreat prisoners of war. If the detailed legal terms are too 
much for Iraq's rulers, let me put it simply. You don't shoot 
prisoners. You don't torture them. You protect them. You treat them 
with decency as enemies in combat but fellow human beings.
  But I am not surprised at what Saddam's henchmen are doing. For 
anyone who has yet to be convinced of the evil and tyrannical nature of 
Saddam's regime, I cannot imagine what greater proof is needed than the 
conduct of this regime in this conflict.
  During the course of this war, which is hopefully now drawing to a 
close, Saddam has once again proven himself to be every bit as 
barbarous, every bit as cruel, and--yes--every bit as evil as we knew 
him to be.
  Saddam and his son, Uday, have inserted members of the Fedayeen into 
the regular army in order to force soldiers and conscripts to fight, 
under the threat of murder or torture. They have sent those same 
Fedayeen into the villages and streets of Iraq, intimidating and 
terrorizing innocent civilians. These disgraceful thugs have been 
reported to have turned their guns on innocent Iraqi civilians--their 
own people--attempting to leave Basra.
  The list goes on and on. Last week, paramilitary troops hid in the 
Ali Mosque in Kut, and opened fire on coalition forces--hoping that we 
would respond, and fire upon one of the holiest shrines in Shi'a Islam. 
I am pleased to note, that our troops showed restraint. Respect. They 
did not respond to the provocations.
  That is honor. That is the understanding that even in war there are 
norms and there are rules. There is a difference between right and 
wrong. That is why the Coalition forces are providing prisoners of war 
with food and water. We have given the Red Cross free and open access. 
We do not believe that the crimes and inhumanity of Saddam's regime 
naturally extend to every member of his military.

  We have especially sought to spare civilian life. It is a painful 
reality of war that civilian lives are lost in conflict. But the 
precision with which our military operates, the care we take to avoid 
civilian casualties, is unparalleled in the history of armed conflict. 
It has been said that the United States is more concerned about the 
safety and welfare of Iraqi civilians than the Iraqi Government. That 
is sadly, true.
  Let me say again. This is--and I hope I can change the verb tense 
soon to ``has been''--a just and necessary war against a dangerous 
dictator. Coalition forces have fought with honor, with nobility, and 
with morality.
  Our attempts to avoid civilian casualities, however, have been made 
more difficult by the Iraqi regime's adoption of terrorist tactics: 
Weapons hidden in hospitals, anti-chemical warfare suits and antidotes 
secreted in schools, troops hidden in civilian clothing who surrender, 
only to shoot our troops in the back.
  The Iraqi regime has officially sanctioned the use of suicide 
bombings against our soldiers--adopting a tactic they have seen used 
with what they would call success against innocent civilians in Israel.
  All this made clear that in Iraq we were not fighting, are not 
fighting, a separate war from the war against terrorism. Some say 
Saddam and bin Laden have different ideologies, different ambitions. 
But they share the same inhumane tactics, the same hatred for all who 
are different, the same fear of freedom, the same brutality and 
cruelty.
  The resolution that we offer today cannot adequately convey our shock 
and disgust at the manner in which Saddam's regime has acted because 
there are not sufficient words to do so. But it is a clear statement of 
anger and of principle, and a clear statement of our intent to hold all 
those who commit war crimes accountable.
  There should be no mistake. America does not simply speak about the 
rules of war. We live by them. And we do not merely condemn atrocities. 
We, as a Nation, will find those responsible and make them pay.
  This is only a resolution. It cannot do what those Marines and 
Special Forces did in rescuing an American POW any more than a yellow 
ribbon tied around a lamppost or a tree. But it is an appropriate 
expression of our values, of our resolve, and a statement of our 
solidarity with those who risk their lives half a world away to secure 
our freedom.
  I urge my colleagues to support this resolution.
  Mr. WARNER. Mr. President, I suggest the absence of a quorum.
  Mr. BYRD. Mr. President, will the Senator withhold?
  Mr. WARNER. Yes, of course.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, the world is now well aware of the story 
surrounding PFC Jessica Lynch, the young soldier from Palestine, WV, 
who was taken prisoner by the Iraqi military on March 23. She is now 
recovering from her captivity at a military

[[Page S5048]]

hospital in Germany. While we regard with awe the reports of her 
courage at the time of her capture, as well as the daring of the troops 
who carried out her rescue from that hospital deep in Iraq, our Nation 
cannot forget that there are others who have been captured or who have 
gone missing during this war. The Pentagon reports that seven Americans 
remain in Iraqi hands, and that eight of our troops remain missing.
  These troops deserve to be treated with dignity and respect. The 
resolution before the Senate, which will shortly be voted on, is right 
to point out that the Government of Iraq, even in the waning days of 
its authority, is obligated under the Geneva Convention and customary 
international law to give humane treatment for our captured troops and 
protect them against acts of violence or intimidation and against 
insults and public curiosity.
  The resolution makes a clear and commendable statement about how we 
expect our prisoners of war to be treated by Iraq. I think it is 
unfortunate that the resolution raises political issues about the 
policies that brought us to war in the Persian Gulf. Like two previous 
resolutions passed by the Senate, the preamble to this resolution, as 
it will be amended, will contain a clause which states, in part, 
``Whereas, the military action now underway against Iraq is lawful and 
fully authorized by the Congress in Sec. 3(a) of Public Law 107-243.''
  I do not concede that this war is lawful. I do not concede that it 
has been fully authorized by Congress. The Constitution clearly states 
that Congress shall have the power to declare war. That is one of the 
powers that Congress should not have the power to delegate to any 
President, which is exactly what Congress attempted to do in the use of 
force resolution passed by the Senate on October 11, 2002, which I 
voted against, and which I am proud I voted against. Allowing a 
President, whether Democrat or Republican, to exercise powers that are 
intended to reside only with the legislative branch is the surest way 
to upset the careful system of checks and balances that was designed by 
the Framers of the Constitution.
  It appears that Baghdad is now falling under the control of U.S. 
forces. It is my sincere hope that the war can soon be brought to its 
conclusion, but the cessation of hostilities may still be some time 
away. We do our captured and missing service men and women no favors by 
glossing over the realities of this war. I hope that the 15 service 
members who are now captured or missing will be able to return to the 
safety of their homes and the love of their families. And it is in this 
vein that I will vote for the resolution.
  Mr. President, I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SMITH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            Unanimous Consent Agreement--Executive Calendar

  Mr. SMITH. Mr. President, as in executive session, I ask unanimous 
consent that immediately following the vote on adoption of S. Con. Res. 
31, the Senate proceed to executive session and an immediate vote on 
the confirmation of Calendar No. 106, Dee Drell, to be U.S. District 
Judge for the Western District of Louisiana; provided further, that 
following that vote, the Senate proceed to a vote on Calendar No. 107, 
Richard Bennett, to be U.S. District Judge for the District of 
Maryland; finally, I ask consent that following those votes, the 
President be immediately notified of the Senate's action.
  Also, I ask unanimous consent that all time be yielded back on S. 
Con. Res. 31 and that the vote occur immediately.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SMITH. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on adoption of S. Con. Res. 31.
  The clerk will call the roll.
  Mr. REID. I announce that the Senator from Iowa (Mr. Harkin) is 
necessarily absent.
  I further announce that, if present and voting, the Senator from Iowa 
(Mr. Harkin) would vote ``aye.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 129 Leg.]

                                YEAS--99

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--1

       
     Harkin
       
  The resolution (S. Con. Res. 31) was agreed to.
  The amendment (No. 528) to the preamble was agreed to, as follows:

       In the preamble strike the first 6 whereas clauses, and 
     insert:
       Whereas Saddam Hussein has failed to comply with United 
     Nations Security Council Resolutions 678, 686, 687, 688, 707, 
     715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 
     1284, and 1441;
       Whereas the military action now underway against Iraq is 
     lawful and fully authorized by the Congress in Sec. 3(a) of 
     Public Law 107-243, which passed the Senate on October 11, 
     2002, by a vote of 77-23, and which passed the House of 
     Representatives on that same date by a vote of 296-133;

  The preamble, as amended, was agreed to.
  The resolution, with its preamble, as amended, reads as follows:
  S. Con. Res. 31, as amended and adopted was passed as follows:

                            S. Con. Res. 31

       Whereas Saddam Hussein has failed to comply with United 
     Nations Security Council Resolutions 678, 686, 687, 688, 707, 
     715, 949, 1051, 1060, 1115, 1134, 1137, 1154, 1194, 1205, 
     l284, and 1441;
       Whereas the military action now underway against Iraq is 
     lawful and fully authorized by the Congress in section 3(a) 
     of Public Law 107-243, which passed the Senate on October 11, 
     2002, by a vote of 77-23, and which passed the House of 
     Representatives on that same date by a vote of 296-133;
       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

[[Page S5049]]

     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.

  The PRESIDING OFFICER (Ms. Collins). The motion to reconsider is laid 
upon the table.

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