[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[Senate]
[Page S2834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 206--MARKING THE 70TH ANNIVERSARY OF THE FOUR GENEVA 
CONVENTIONS OF 1949, EXPRESSING CONCERN ABOUT SIGNIFICANT VIOLATIONS OF 
   INTERNATIONAL HUMANITARIAN LAW ON CONTEMPORARY BATTLEFIELDS, AND 
 ENCOURAGING UNITED STATES LEADERSHIP IN ENSURING GREATER RESPECT FOR 
INTERNATIONAL HUMANITARIAN LAW IN CURRENT CONFLICTS, PARTICULARLY WITH 
                         ITS SECURITY PARTNERS

  Mr. BOOKER (for himself and Mr. Young) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 206

       Whereas the four Geneva Conventions of 1949, along with 
     their Additional Protocols, are the foundation of 
     international humanitarian law (IHL), also known as the law 
     of armed conflict, the body of law that seeks to ensure wars 
     have limits;
       Whereas 2019 marks the 70th anniversary of the four Geneva 
     Conventions of 1949 and serves as a reminder of the 
     importance and continued relevance of IHL in a world with 
     proliferating and protracted armed conflicts, unprecedented 
     displacement, and immense suffering;
       Whereas the four Geneva Conventions of 1949 reflect more 
     than just law; they reflect the universal recognition that 
     wars must be fought humanely;
       Whereas, at its core, IHL sets out a fundamental obligation 
     that people, even in times of armed conflict, must be treated 
     with humanity;
       Whereas IHL requires all parties to armed conflicts, 
     whether states or non-state armed groups, to comply with 
     rules and basic principles that seek to preserve the lives 
     and dignity of human beings, such as that: civilians and 
     civilian objects must not be targeted; hospitals and medical 
     personnel must be respected and must not be attacked; no one 
     shall be subjected to torture or other forms of ill 
     treatment; and rape and other forms of sexual violence are 
     prohibited;
       Whereas today's conflicts are marred by significant 
     violations of IHL, the effects of which are apparent across 
     armed conflicts, from restrictions on humanitarian access 
     contributing to the world's worst cholera outbreak in Yemen, 
     to the use of chemical weapons in Syria, in addition to 
     attacks against civilians, and attacks on medical personnel 
     and health facilities; to the Islamic State's use of 
     civilians as human shields; to widespread killings, sexual 
     violence, and forced displacement in countries such as 
     Nigeria, South Sudan, the Democratic Republic of the Congo, 
     Somalia, and elsewhere;
       Whereas people detained in armed conflict, including 
     prisoners of war (POWs), often suffer torture, abuse, and 
     inhumane living conditions, such as insufficient food, water, 
     and health services;
       Whereas, while many states have taken significant steps to 
     ensure humane treatment of detainees, and adequate living 
     conditions, many others still fail to comply with basic 
     standards of treatment and care as required by IHL;
       Whereas, as mandated by the Geneva Conventions, the 
     International Committee of the Red Cross (ICRC) plays a vital 
     role in visiting detainees in situations of armed conflict 
     with a view to preventing torture and other forms of ill-
     treatment, preventing disappearances, improving overall 
     detention conditions, maintaining family contacts, and 
     promoting judicial guarantees;
       Whereas the United States has an expressed preference for 
     pursuing its military objectives ``by, with, and through'' 
     its security partners in some parts of the world, but state 
     militaries and non-state armed groups with which the United 
     States partners may lack sufficient commitment to IHL 
     principles or capabilities to conduct their operations in a 
     manner that effectively minimizes civilian harm;
       Whereas it is essential, as a critical component of its 
     policies and diplomatic relations, that the United States 
     affirms its commitment to not only respect the rules of IHL 
     but to ensure respect by its partners and adopt policies 
     conditioning its security assistance in this regard;
       Whereas, as the nature of warfare changes, IHL remains 
     relevant to ensure wars are fought with limits;
       Whereas IHL was created to respond to new developments and 
     domains in warfare, such as cyber operations, and new 
     challenges do not undermine the importance or relevance of 
     IHL, but rather call for affirming, applying, and ensuring 
     compliance with IHL;
       Whereas sweeping counterterrorism measures and country-
     based sanctions have sometimes impeded neutral, impartial 
     lifesaving humanitarian action in countries like Somalia and 
     Syria;
       Whereas the United States has a long tradition of 
     implementing and upholding IHL, not just as a matter of legal 
     obligation but also because respect for human life and 
     protecting the vulnerable reflects the best traditions of a 
     professional military force;
       Whereas United States senior military leadership often 
     publicly recognizes that minimizing civilian harm is central 
     to mission effectiveness and therefore serves the United 
     States national security interests; and
       Whereas, as long as armed conflict remains a reality, there 
     must also be a limit to suffering, and IHL, as outlined 70 
     years ago in the four Geneva Conventions of 1949, sets out 
     these limits: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) upon the 70th anniversary of the four Geneva 
     Conventions of 1949, respect for international humanitarian 
     law (IHL) remains critical to upholding humanity in war, 
     protecting people affected by war, and preventing suffering;
       (2) the Executive branch and Congress must ensure that the 
     United States Government, as the largest donor of lifesaving 
     humanitarian aid--
       (A) does not employ counterterrorism measures or other 
     sanctions that unduly impede lifesaving humanitarian action 
     and thereby jeopardize vulnerable people's access to 
     resources critical to their survival; and
       (B) upholds the longstanding United States commitment to 
     supporting principled humanitarian action; and
       (3) the United States must continue to be a global leader 
     in promoting and ensuring compliance with IHL by upholding 
     high standards of conduct within the United States Armed 
     Forces, taking stronger measures to ensure compliance with 
     IHL by United States security partners, holding perpetrators 
     of violations of IHL accountable, and seeking compliance with 
     IHL by all parties to armed conflict.

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