[Congressional Record Volume 166, Number 4 (Wednesday, January 8, 2020)]
[Senate]
[Pages S96-S97]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 465--CONDEMNING THREATS BY PRESIDENT DONALD J. TRUMP 
       TO VIOLATE THE LAW OF ARMED CONFLICT WITH RESPECT TO IRAN

  Mr. MARKEY (for himself, Ms. Duckworth, Mr. Merkley, Ms. Warren, Mr. 
Leahy, Mr. Wyden, Mr. Van Hollen, and Ms. Harris) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                              S. Res. 465

       Whereas President Donald J. Trump threatened to destroy 
     sites ``important to. . . the Iranian culture'' and 
     threatened future retaliation in ``a disproportionate 
     manner'' on January 4 and January 5, 2020, respectively;
       Whereas Article 53 of Protocol I to the Geneva Conventions 
     prohibits any act of hostility against cultural objects, 
     including making such objects the target of reprisals;
       Whereas destruction of cultural sites violates the 1954 
     Hague Convention for the Protection of Cultural Property in 
     the Event of Armed Conflict, which the United States ratified 
     during the administration of President George W. Bush;
       Whereas the Department of Defense Law of War Manual states 
     that ``[c]ultural property, the areas immediately surrounding 
     it, and appliances in use for its protection should be 
     safeguarded and respected'';
       Whereas the United States Government has condemned the 
     Taliban, the Islamic State, al Qaeda and its affiliates, and 
     the Government of the People's Republic of China, among 
     others, for the destruction of cultural heritage;
       Whereas the Trump Administration supported the adoption of 
     United Nations Security Council Resolution 2347 (2017) 
     condemning ``the unlawful destruction of cultural heritage, 
     including the destruction of religious sites and artefacts'';
       Whereas, on March 24, 2017, the United States Deputy 
     Permanent Representative to the United Nations stated, ``The 
     United States seeks to hold accountable. . . the perpetrators 
     of deliberate cultural heritage destruction.'';
       Whereas the destruction of cultural sites in Iran could 
     include damage to one or more of the 22 cultural sites in 
     Iran inscribed on the World Heritage List of the United 
     Nations Educational, Scientific, and Cultural Organization;
       Whereas, on January 6, 2020, Secretary of Defense Mark T. 
     Esper expressed that the United States would not target 
     Iranian cultural sites, as the United States ``follow[s] the 
     laws of armed conflict'';
       Whereas military actions conducted ``in a disproportionate 
     manner'' violate international law, including Protocol I to 
     the Geneva Conventions, as well as the United States 
     Department of Defense guidelines whether in reference to the 
     conduct of armed conflict or the resort to war;
       Whereas the Department of Defense Law of War Manual states 
     that the principle of proportionality in the conduct of war 
     ``generally refers to the obligation to take feasible 
     precautions in planning and conducting attacks and to refrain 
     from attacks in which the expected loss of civilian life, 
     injury to civilians, and damage to civilian objects 
     incidental to the attack would be excessive.'';
       Whereas the Department of Defense Law of War Manual states, 
     ``Proportionality is also a requirement for reprisals, which 
     must respond in a proportionate manner to the preceding 
     illegal act by the party against which they are taken'';
       Whereas military action that disregards proportionality 
     would further exacerbate the suffering of the Iranian people, 
     who have endured--
       (1) their own government's systematic and longstanding 
     human rights violations, restrictions on political freedoms, 
     and brutal suppression of their democratic aspirations; and
       (2) the arbitrary reimposition of United States sanctions 
     that have negatively affected livelihoods of ordinary 
     Iranians and restricted economic activity; and

       Whereas the destruction of cultural sites and the 
     disproportionate use of military force are among the actions 
     that could needlessly escalate the crisis with Iran: Now, 
     therefore, be it

[[Page S97]]

       Resolved, That the Senate--
       (1) affirms that efforts to defend United States security 
     and interests must take into account potential harm to 
     civilians and other protected persons and objects in foreign 
     countries, consistent with international legal principles and 
     our common humanity;
       (2) affirms that the destruction of cultural heritage is 
     morally wrong, is a violation of international law, and that 
     even threats of such destruction undermine years of public 
     diplomacy demonstrating that the American people do not seek 
     conflict with any cultural or religious group;
       (3) affirms that no violation of the law of armed conflict 
     or human rights violation by Iran or its proxies permits or 
     justifies similar violations by any other state;
       (4) urges President Donald J. Trump to use his bully pulpit 
     to promote de-escalation of tensions with Iran rather than to 
     threaten acts of war and violations of international law;
       (5) strongly condemns the President's threats to destroy 
     sites important to Iranian culture and to retaliate against 
     Iran in a disproportionate manner; and
       (6) demands that the President avoid needless escalation 
     with Iran and refrain from violating the law of armed 
     conflict.

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