[Congressional Record Volume 171, Number 126 (Wednesday, July 23, 2025)]
[Senate]
[Pages S4677-S4678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2990. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the at the end of subtitle F of title X, add the 
     following:

     SEC. 1067. SENSE OF CONGRESS ON COMPLIANCE WITH THE LAW OF 
                   WAR.

       It is the sense of Congress, whose constitutional 
     responsibility it is to ``define and punish . . . Offences 
     against the Law of Nations'' and to ``make Rules for the 
     Government and Regulation of the land and naval Forces'', 
     that--
       (1) the law of war, embodied in both treaties to which the 
     United States is party and customary international law, binds 
     the United States and the United States Armed Forces;
       (2) consistent with the longstanding policy of the 
     Department of Defense to comply with the law of war during 
     all armed conflicts, the United States remains steadfastly 
     committed to complying with its obligations under the law of 
     war, including the fundamental principles of necessity, 
     humanity, distinction, and proportionality;
       (3) in addition to being legally required, compliance with 
     the law of war reinforces military effectiveness, helps 
     maintain public support and political legitimacy, and can 
     encourage reciprocal adherence by the adversary or adherence 
     by adversaries in future conflicts;
       (4) obligations under the law of war include those that 
     address the protection of civilians, including, among other 
     things--
       (A) prohibitions on attacks directed at civilians and 
     civilian objects, indiscriminate attacks, and attacks 
     expected to cause excessive harm to civilians relative to the 
     anticipated military advantage;
       (B) the requirement to take all feasible precautions to 
     avoid, or in any event minimize, harm to civilians; and
       (C) the presumption in cases of doubt as to whether a 
     person is a civilian, that such person shall be considered a 
     civilian;
       (5) the protection of civilians is fundamentally consistent 
     with the effective, efficient, and decisive use of force in 
     pursuit of United States national interests;
       (6) minimizing civilian casualties can further mission 
     objectives, help maintain the

[[Page S4678]]

     support of partner governments and vulnerable populations, 
     and enhance the legitimacy and sustainability of United 
     States operations critical to national security; and
       (7) the United States therefore routinely imposes certain 
     heightened policy standards that are more protective than the 
     requirements of the law of war that relate to the protection 
     of civilians.
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