[Congressional Record Volume 154, Number 147 (Tuesday, September 16, 2008)]
[Senate]
[Pages S8854-S8855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committee were submitted on 
September 16, 2008:

       By Mr. BIDEN, from the Committee on Foreign Relations:

 [Treaty Doc. 110-6  Amendment to Convention on Physical Protection of 
     Nuclear Material with 1 reservation, 3 understandings, and 1 
                    declaration (Ex. Rept. 110-24];

  [Treaty Doc. 110-8  Protocols of 2005 to the Convention concerning 
Safety of Maritime Navigation and to the Protocol concerning Safety of 
      Fixed Platforms on the Continental Shelf with reservations, 
        understandings, and declarations (Ex. Rept. 110-25] and

[Treaty Doc. 106-1(A)  The Hague Convention with 4 understandings and 1 
                    declaration (Ex. Rept. 110-26)]

       The text of the committee-recommended resolutions of advice 
     and consent to ratification are as follows:

   110-6: Amendment to Convention on Physical Protection of Nuclear 
                                Material

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, understandings, and a declaration.
       The Senate advises and consents to the ratification of the 
     Amendment to the Convention on the Physical Protection of 
     Nuclear Material, adopted on July 8, 2005 (the ``Amendment'') 
     (Treaty Doc. 110-6), subject to the reservation of section 2, 
     the understandings of section 3, and the declaration of 
     section 4.
       Section 2. Reservation. The advice and consent of the 
     Senate under section 1 is subject to the following 
     reservation, which shall be included in the instrument of 
     ratification:
       Consistent with Article 17(3) of the Convention on the 
     Physical Protection of Nuclear a enal, the United States of 
     America declares that it does not consider itself bound by 
     Article 17(2) of the Convention on the Physical Protection of 
     Nuclear Material with respect to disputes concerning the 
     interpretation or application of the Amendment.
       Section 3. Understandings. The advice and consent of the 
     Senate under section 1 is subject to the following 
     understandings, which shall be included in the instrument of 
     ratification:
       (1) The United States of America understands that the term 
     ``armed conflict'' in Paragraph 5 of the Amendment (Article 2 
     of the Convention on the Physical Protection of Nuclear 
     Material, as amended) does not include internal disturbances 
     and tensions, such as riots, isolated and sporadic acts of 
     violence, and other acts of a similar nature.
       (2) The United States of America understands that the term 
     ``international humanitarian law in Paragraph 5 of the 
     Amendment (Article 2 of the Convention on the Physical 
     Protection of Nuclear Material, as amended) has the same 
     substantive meaning as the law of war.
       (3) The United States of America understands that, pursuant 
     to Paragraph 5 of the Amendment (Article 2 of the Convention 
     on the Physical Protection of Nuclear Material, as amended), 
     the Convention on the Physical Protection of Nuclear 
     Material, as amended, will not apply to: (a) the military 
     forces of a State, which are the armed forces of a State 
     organized, trained, and equipped under its internal law for 
     the primary purpose of national defense or security, in the 
     exercise of their official duties; (b) civilians who direct 
     or organize the official activities of military forces of a 
     State; or (c) civilians acting in support of the official 
     activities of the military forces of a State, if the 
     civilians are under the formal command, control, and 
     responsibility of those forces.
       Section 4. Declaration. The advice and consent of the 
     Senate under section 1 is subject to the following 
     declaration:
       With the exception of the provisions that obligate the 
     United States to criminalize certain of enses, make those 
     offenses punishable by appropriate penalties, and authorize 
     the assertion of jurisdiction over such offenses, this 
     Amendment is self-executing. Included among the self-
     executing provisions are those provisions obligating the 
     United States to treat certain offenses as extraditable 
     offenses for purposes of bilateral extradition treaties. This 
     Amendment does not confer private rights enforceable in 
     United States courts.

    110-8: Protocols of 2005 to the Convention Concerning Safety of 
  Maritime Navigation and to the Protocol Concerning Safety of Fixed 
                   Platforms on the Continental Shelf

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, understandings, and a declaration.
       The Senate advises and consents to the ratification of the 
     Protocol of 2005 to the Protocol for the Suppression of 
     Unlawful Acts against the Safety of Fixed Platforms

[[Page S8855]]

     Located on the Continental Shelf, adopted on October 14, 
     2005, and signed on behalf of the United States of America on 
     February 17, 2006 (the ``2005 Fixed Platforms Protocol'') 
     (Treaty Doc. 110-8), subject to the reservation of section 2, 
     the understandings of section 3, and the declaration of 
     section 4.
       Section 2. Reservation. The advice and consent of the 
     Senate under section 1 is subject to the following 
     reservation, which shall be included in the instrument of 
     ratification:
       Consistent with Article 16(2) of the Convention for the 
     Suppression of Unlawful Acts against the Safety of Maritime 
     Navigation, 2005, and incorporated by Article 2 of the 2005 
     Fixed Platforms Protocol, the United States of America 
     declares that it does not consider itself bound by Article 
     16(1) of the Convention and incorporated by Article 2 of the 
     2005 Fixed Platforms Protocol, with respect to disputes 
     concerning the interpretation or application of the Protocol 
     of 2005 to the Protocol for the Suppression of Unlawful Acts 
     against the Safety of Fixed Platforms Located on the 
     Continental Shelf.
       Section 3. Understandings. The advice and consent of the 
     Senate under section 1 is subject to the following 
     understandings, which shall be included in the instrument of 
     ratification:
       (1) The United States of America understands that the term 
     ``armed conflict'' as used in paragraph 2 of Article 2bis of 
     the Convention for the Suppression of Unlawful Acts against 
     the Safety of Maritime Navigation, 2005, and incorporated by 
     Article 2 of the 2005 Fixed Platforms Protocol, does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.
       (2) The United States of America understands that the term 
     ``international humanitarian law,'' as used in paragraphs 1 
     and 2 of Article 2bis of the Convention for the Suppression 
     of Unlawful Acts against the Safety of Maritime Navigation, 
     2005, and incorporated by Article 2 of the 2005 Fixed 
     Platforms Protocol, has the same substantive meaning as the 
     ``law of war.''
       (3) The United States of America understands that, pursuant 
     to paragraph 2 of Article 2bis of the Convention for the 
     Suppression of Unlawful Acts against the Safety of Maritime 
     Navigation, 2005, and incorporated by Article 2 of the 2005 
     Fixed Platforms Protocol, the Protocol for the Suppression of 
     Unlawful Acts against the Safety of Fixed Platforms Located 
     on the Continental Shelf, 2005, does not apply to: (a) the 
     military forces of a State, which are the armed forces of a 
     State organized, trained, and equipped under its internal law 
     for the primary purpose of national defense or security, in 
     the exercise of their official duties; (b) civilians who 
     direct or organize the official activities of military forces 
     of a State; or (c) civilians acting in support of the 
     official activities of the military forces of a State, if the 
     civilians are under the formal command, control, and 
     responsibility of those forces.
       (4) The United States of America understands that current 
     United States law with respect to the rights of persons in 
     custody and persons charged with crimes fulfills the 
     requirement in paragraph 2 of Article 10 of the Convention 
     for the Suppression of Unlawful Acts against the Safety of 
     Maritime Navigation, 2005, and incorporated by Article 2 of 
     the 2005 Fixed Platforms Protocol, and, accordingly, the 
     United States does not intend to enact new legislation to 
     fulfill its obligations under this Article.
       Section 4. Declaration. The advice and consent of the 
     Senate under section 1 is subject to the following 
     declaration:
       With the exception of the provisions that obligate the 
     United States to criminalize certain offenses, make those 
     offenses punishable by appropriate penalties, and authorize 
     the assertion of jurisdiction over such offenses, the 2005 
     Fixed Platforms Protocol is self-executing. Included among 
     the self-executing provisions are those provisions obligating 
     the United States to treat certain offenses as extraditable 
     offenses for purposes of bilateral extradition treaties. None 
     of the provisions of the 2005 Fixed Platforms Protocol, 
     including those incorporating by reference Articles 7 and 10 
     of the Convention for the Suppression of Unlawful Acts 
     against the Safety of Maritime Navigation, 2005, confer 
     private rights enforceable in United States courts.

                     106-1(A): The Hague Convention

       Resolved (two-thirds of the Senators present concurring 
     therein),
       That the Senate advises and consents to the ratification of 
     the Hague Convention for the Protection of Cultural Property 
     in the Event of Armed Conflict (the Convention) concluded on 
     May 14, 1954, and entered into force on August 7, 1956 with 
     accompanying report from the Department of State.
       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to 
     understandings and a declaration.
       The Senate advises and consents to the ratification of the 
     Hague Convention for the Protection of Cultural Property in 
     the Event of Armed Conflict, concluded on May 14, 1954 
     (Treaty Doc. 106-1(A)), subject to the understandings of 
     section 2 and the declaration of section 3.
       Section 2. Understandings. The advice and consent of the 
     Senate under section 1 is subject to the following 
     understandings, which shall be included in the instrument of 
     ratification:
       (1) It is the understanding of the United States of America 
     that ``special protection,'' as defined in Chapter II of the 
     Convention, codifies customary international law in that it, 
     first, prohibits the use of any cultural property to shield 
     any legitimate military targets from attack and, second, 
     allows all property to be attacked using any lawful and 
     proportionate means, if required by military necessity and 
     notwithstanding possible collateral damage to such property.
       (2) It is the understanding of the United States of America 
     that any decision by any military commander, military 
     personnel, or any other person responsible for planning, 
     authorizing, or executing military action or other activities 
     covered by this Convention shall only be judged 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) It is the understanding of the United States of America 
     that the rules established by the Convention apply only to 
     conventional weapons, and are without prejudice to the rules 
     of international law governing other types of weapons, 
     including nuclear weapons.
       (4) It is the understanding of the United States of America 
     that, as is true for all civilian objects, the primary 
     responsibility for the protection of cultural objects rests 
     with the Party controlling that property, to ensure that it 
     is properly identified and that it is not used for an 
     unlawful purpose.
       Section 3. Declaration. The advice and consent of the 
     Senate under section 1 is subject to the following 
     declaration:
       With the exception of the provisions that obligate the 
     United States to impose sanctions on persons who commit or 
     order to be committed a breach of the Convention, this 
     Convention is self-executing. This Convention does not confer 
     private rights enforceable in United States courts.

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