[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.
____________________