[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[House]
[Pages 14366-14371]
[From the U.S. Government Publishing Office, www.gpo.gov]




EXPRESSING THE SENSE OF THE HOUSE REGARDING THE MASSACRE AT SREBRENICA 
                              IN JULY 1995

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 199) expressing the sense of the House 
of Representatives regarding the massacre at Srebrenica in July 1995, 
as amended.
  The Clerk read as follows:

                              H. Res. 199

       Whereas in July 1995 thousands of men and boys who had 
     sought safety in the United Nations-designated ``safe area'' 
     of Srebrenica in Bosnia and Herzegovina under the protection 
     of the United Nations Protection Force (UNPROFOR) were 
     massacred by Serb forces operating in that country;

[[Page 14367]]

       Whereas beginning in April 1992, aggression and ethnic 
     cleansing perpetrated by Bosnian Serb forces, while taking 
     control of the surrounding territory, resulted in a massive 
     influx of Bosniaks seeking protection in Srebrenica and its 
     environs, which the United Nations Security Council 
     designated a ``safe area'' in Resolution 819 on April 16, 
     1993;
       Whereas the UNPROFOR presence in Srebrenica consisted of a 
     Dutch peacekeeping battalion, with representatives of the 
     United Nations High Commissioner for Refugees, the 
     International Committee of the Red Cross, and the 
     humanitarian medical aid agency Medecins Sans Frontieres 
     (Doctors Without Borders) helping to provide humanitarian 
     relief to the displaced population living in conditions of 
     massive overcrowding, destitution, and disease;
       Whereas Bosnian Serb forces blockaded the enclave early in 
     1995, depriving the entire population of humanitarian aid and 
     outside communication and contact, and effectively reducing 
     the ability of the Dutch peacekeeping battalion to deter 
     aggression or otherwise respond effectively to a 
     deteriorating situation;
       Whereas beginning on July 6, 1995, Bosnian Serb forces 
     attacked UNPROFOR outposts, seized control of the isolated 
     enclave, held captured Dutch soldiers hostage and, after 
     skirmishes with local defenders, ultimately took control of 
     the town of Srebrenica on July 11, 1995;
       Whereas an estimated one-third of the population of 
     Srebrenica, including a relatively small number of soldiers, 
     made a desperate attempt to pass through the lines of Bosnian 
     Serb forces to the relative safety of Bosnian-held territory, 
     but many were killed by patrols and ambushes;
       Whereas the remaining population sought protection with the 
     Dutch peacekeeping battalion at its headquarters in the 
     village of Potocari north of Srebrenica but many of these 
     individuals were randomly seized by Bosnian Serb forces to be 
     beaten, raped, or executed;
       Whereas Bosnian Serb forces deported women, children, and 
     the elderly in buses, held Bosniak males over 16 years of age 
     at collection points and sites in northeastern Bosnia and 
     Herzegovina under their control, and then summarily executed 
     and buried the captives in mass graves;
       Whereas approximately 20 percent of Srebrenica's total 
     population at the time--at least 7,000 and perhaps thousands 
     more--was either executed or killed;
       Whereas the United Nations and its member states have 
     largely acknowledged their failure to take actions and 
     decisions that could have deterred the assault on Srebrenica 
     and prevented the subsequent massacre;
       Whereas Bosnian Serb forces, hoping to conceal evidence of 
     the massacre at Srebrenica, subsequently moved corpses from 
     initial mass grave sites to many secondary sites scattered 
     throughout parts of northeastern Bosnia and Herzegovina under 
     their control;
       Whereas the massacre at Srebrenica was among the worst of 
     many horrible atrocities to occur in the conflict in Bosnia 
     and Herzegovina from April 1992 to November 1995, during 
     which the policies of aggression and ethnic cleansing pursued 
     by Bosnian Serb forces with the direct support of the Serbian 
     regime of Slobodan Milosevic and its followers ultimately led 
     to the displacement of more than 2,000,000 people, an 
     estimated 200,000 killed, tens of thousands raped or 
     otherwise tortured and abused, and the innocent civilians of 
     Sarajevo and other urban centers repeatedly subjected to 
     shelling and sniper attacks;
       Whereas Article 2 of the Convention on the Prevention and 
     Punishment of the Crime of Genocide (done at Paris on 
     December 9, 1948, and entered into force with respect to the 
     United States on February 23, 1989) defines genocide as ``any 
     of the following acts committed with intent to destroy, in 
     whole or in part, a national, ethnical, racial or religious 
     group, as such: (a) killing members of the group; (b) causing 
     serious bodily or mental harm to members of the group; (c) 
     deliberately inflicting on the group conditions of life 
     calculated to bring about its physical destruction in whole 
     or in part; (d) imposing measures intended to prevent births 
     within the group; (e) forcibly transferring children of the 
     group to another group'';
       Whereas on May 25, 1993, the United Nations Security 
     Council adopted Resolution 827 establishing the world's first 
     international war crimes tribunal, the International Criminal 
     Tribunal for the former Yugoslavia (ICTY), based in The 
     Hague, the Netherlands, and charging the ICTY with 
     responsibility for investigating and prosecuting individuals 
     suspected of committing war crimes, genocide, crimes against 
     humanity and grave breaches of the 1949 Geneva Conventions on 
     the territory of the former Yugoslavia since 1991;
       Whereas nineteen individuals at various levels of 
     responsibility have been indicted, and in some cases 
     convicted, for grave breaches of the 1949 Geneva Conventions, 
     violations of the laws or customs of war, crimes against 
     humanity, genocide, and complicity in genocide associated 
     with the massacre at Srebrenica, three of whom, most notably 
     Radovan Karadzic and Ratko Mladic, remain at large; and
       Whereas the international community, including the United 
     States, has continued to provide personnel and resources, 
     including through direct military intervention, to prevent 
     further aggression and ethnic cleansing, to negotiate the 
     General Framework Agreement for Peace in Bosnia and 
     Herzegovina (initialed in Dayton, Ohio, on November 21, 1995, 
     and signed in Paris on December 14, 1995), and to help ensure 
     its fullest implementation, including cooperation with the 
     International Criminal Tribunal for the former Yugoslavia: 
     Now therefore be it
       Resolved, That it is the sense of the House of 
     Representatives that--
       (1) the thousands of innocent people executed at Srebrenica 
     in Bosnia and Herzegovina in July 1995, along with all 
     individuals who were victimized during the conflict and 
     genocide in Bosnia and Herzegovina from 1992 to 1995, should 
     be solemnly remembered and honored;
       (2) the policies of aggression and ethnic cleansing as 
     implemented by Serb forces in Bosnia and Herzegovina from 
     1992 to 1995 meet the terms defining the crime of genocide in 
     Article 2 of the Convention on the Prevention and Punishment 
     of the Crime of Genocide;
       (3) foreign nationals, including United States citizens, 
     who have risked and in some cases lost their lives in Bosnia 
     and Herzegovina while working toward peace should be solemnly 
     remembered and honored;
       (4) the United Nations and its member states should accept 
     their share of responsibility for allowing the Srebrenica 
     massacre and genocide to occur in Bosnia and Herzegovina from 
     1992 to 1995 by failing to take sufficient, decisive, and 
     timely action, and the United Nations and its member states 
     should constantly seek to ensure that this failure is not 
     repeated in future crises and conflicts;
       (5) it is in the national interest of the United States 
     that those individuals who are responsible for war crimes, 
     genocide, crimes against humanity, and grave breaches of the 
     1949 Geneva Conventions, committed in Bosnia and Herzegovina, 
     should be held accountable for their actions;
       (6) all persons indicted by the International Criminal 
     Tribunal for the former Yugoslavia (ICTY) should be 
     apprehended and transferred to The Hague without further 
     delay, and all countries should meet their obligations to 
     cooperate fully with the ICTY at all times; and
       (7) the United States should continue to support the 
     independence and territorial integrity of Bosnia and 
     Herzegovina, peace and stability in southeastern Europe as a 
     whole, and the right of all people living in the region, 
     regardless of national, racial, ethnic or religious 
     background, to return to their homes and enjoy the benefits 
     of democratic institutions, the rule of law, and economic 
     opportunity, as well as to know the fate of missing relatives 
     and friends.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H. Res. 199, 
the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, in consideration of H. Res. 199, today the House of 
Representatives brings honor to the men, women and children of 
Srebrenica in Bosnia-Herzegovina. In a little over 2 weeks, it will 
have been 10 years since the massacre of approximately 8,000 men and 
boys from that small town.
  Mr. Speaker, renewed attention is focused on this event in light of 
the recently released video showing members of the Serb paramilitary 
group, the Scorpions, executing young Bosniak men from Srebrenica. Many 
Members of this House saw the news coverage of this video, including an 
interview of a woman who never knew what actually happened to her young 
son at Srebrenica in July 1995 until she saw the footage on television 
that he was among those executed. In passing this resolution, we are 
expressing solidarity with the thousands of women like her, and others, 
who a decade ago witnessed something so evil that it defies 
comprehension.

[[Page 14368]]

  There are four basic motivations, Mr. Speaker, for passing this 
resolution today. First, there are those who, despite being indicted 
for genocide, continue to evade justice. Second, some continue to deny 
that the atrocity even occurred or they contend it was something other 
than genocide. Third, the international community must learn from its 
failure to stop slaughter from taking place in a declared safe area, 
and let us all remember Srebrenica was called a safe haven, especially 
as we look at similar situations around the globe. Finally, 10 years 
after Srebrenica, Srebrenica survivors, including many who came to this 
country as refugees and are now American citizens, still feel the 
excruciating pain of losing so many of their innocent loved ones.
  Mr. Speaker, I want to stress that the resolution notes the direct 
support that came from the Serbian regime of Slobodan Milosevic and its 
followers. This is no small circle of Milosevic henchmen, as some in 
Belgrade have claimed. We are referring to an entire regime, albeit an 
undemocratic one, and not just a few individuals in positions of 
authority. Moreover, followers of the regime existed in the military, 
the police and other state institutions, and when it appeared that he 
was succeeding in a conflict against neighboring peoples, Milosevic 
actually garnered popular support.
  Milosevic has rightfully been in The Hague, as we all know, Mr. 
Speaker, since 2001, but why have others like Radovan Karadzic and 
Ratko Mladic remained at large? Why until recently, if not to today, 
have they benefited from the protection not only from criminal networks 
but perhaps by segments of the military and the police? To me, that 
shows broader involvement than has been alleged.
  The reference to the followers of the Milosevic regime clearly 
indicates that we are not referring to those in Serbia, including those 
in positions of authority today, who had no role in what was happening 
when they put themselves at risk in opposing Milosevic and his policies 
in the 1990s.
  I would just point out to my colleagues that on the Subcommittee on 
International Operations and Human Rights, which I chaired for several 
years through the 1990s, we did hold hearings, and many of us made 
trips to the former Yugoslavia.
  In one of those hearings, we heard from Hasan Nuhapovic, a former 
translator of the U.N. peacekeeping forces in Srebrenica. Hasan was one 
of those who lost his family and I would just quote very briefly from 
that testimony that he gave to our committee. He said, ``My family, 
just like thousands of others, was simply handed over to the Serbs in 
the village of Potocari, 6 kilometers north of Srebrenica on 13 July 
1995. They have never been seen since. The Dutch peacekeepers threw my 
family out of the camp right in front of my eyes. The people, 
especially the men and boys who were inside the camp, didn't want to 
leave the relative safety of it.''
  It goes on to say, ``The Dutch refused to tell the refugees inside 
the camp what was going on with the people outside.'' He says, ``They 
lied, saying that everything was all right and that the people from 
inside the camp were also going to be evacuated to the federation 
territory. The Dutch lied to the refugees inside the camp,'' he goes 
on. ``The Dutch knew that the men and boys outside the camp were being 
separated from the women and children and that some of them were even 
killed right on the spot. They watched the Serbs take away and kill 
civilians. They did nothing to prevent it.''
  Mr. Speaker, this resolution remembers those 7- to 8,000 men and boys 
who were slaughtered in Srebrenica, and it says in a collective voice 
of the House of Representatives, Democrats and Republicans alike, that 
we care, we care deeply. We are sorrowful for those who lost their 
lives, and hopefully never again.
  I will insert a Chronicle of Genocide in the Record at this point.

                         Chronicle of Genocide


                                prologue

       The town of Srebrenica is located in eastern Bosnia's Drina 
     River Valley, about 15 kilometers from the Serbian border. In 
     1991, the town was home to 37,000 inhabitants, including 
     roughly 27,000 Bosnian Muslims (Bosniaks) and 9,000 Serbs. 
     Prior to the outbreak of Yugoslavia's civil war, members of 
     Srebrenica's different ethnic groups lived together for 
     decades without major conflict.
       After the end of the Cold War, Srebrenica had its first 
     encounter with conflict in April 1992 when Serb paramilitary 
     forces gained control of the city for several weeks. One 
     month later, Srebrenica was recaptured by Bosnian Muslim 
     fighters from the Army of Bosnia and Herzegovina. By 
     September, Bosnian Muslim forces had succeeded in uniting 
     Srebrenica with the neighboring town of Zepa and increasing 
     the size of the territory under their control to 900 square 
     kilometers. However, the enclave remained isolated from the 
     main Army of Bosnia and Herzegovina and strategically 
     vulnerable to advancing Serb forces.
       In January 1993, Bosnian Serb troops (which logistically 
     and financially were not entirely independent from and were 
     supported by Serbian military and police forces) from the 
     self-proclaimed Republika Srspka launched an offensive to 
     retake the Muslim-controlled areas around Srebrenica. After 
     months of fighting, the villages of Konjevic Polje and Cerska 
     were captured, severing the connection between Srebrenica and 
     Zepa and reducing the size of the Srebrenica enclave to 150 
     square kilometers. Bosnians from neighboring areas streamed 
     into the town of Srebrenica, increasing the population to as 
     many as 60,000 people.
       When the Commander of the U.N. Protection Force (UNPROFOR), 
     French General Philippe Morillon, visited Srebrenica in March 
     1993, he discovered an overcrowded city beset by siege 
     conditions. The Bosnian Serb troops had destroyed the town's 
     water supply and the population was running short on food, 
     medicine, and other necessities. Before his departure, 
     General Morillon promised residents that Srebrenica was under 
     U.N. protection and that he would never abandon the city's 
     inhabitants.
       On April 16, 1993, the U.N. Security Council passed a 
     resolution declaring that ``all parties and others treat 
     Srebrenica and its surroundings as a `safe area' that should 
     be free from armed attack or any other hostile act.''
       The first group of UNPROFOR soldiers arrived in Srebrenica 
     on April 18, 1993 and fresh troops were rotated into the city 
     every six months after that. In January 1995, a battalion 
     from the Netherlands rotated into the enclave. By this time, 
     few supply convoys were reaching the city. In March and 
     April, the Dutch soldiers defending the city observed a 
     build-up of Bosnian Serb troops in the surrounding area. The 
     Drina Corps of the Army of the Republika Srpska (VRS) was 
     preparing for a major attack on Srebrenica.


                         chronology of genocide

        March 1995--Radovan Karadzic, President of the self-
     proclaimed Republika Srpska, issues a directive to the 
     Bosnian Serb Army ordering the VRS to ``complete the physical 
     separation of Srebrenica from Zepa as soon as possible'' and 
     block aid convoys on their way to Srebrenica.
       July 2, 1995--Republika Srpska Army General Milenko 
     Zivanovic signs two orders outlining plans for attacking the 
     enclave and issues the order to various units of the Drina 
     Corps to prepare for combat. The operation is code-named 
     ``Krivaja 95.''
       July 6, 1995--Bosnian Serb forces launch their attack on 
     Srebrenica. The Commander of the city's Dutch battalion, 
     Colonel Karremans, contacts the U.N. General Staff in 
     Sarajevo requesting NATO air support after refugee camps and 
     U.N. monitoring posts are shelled.
       July 9, 1995--Forces from the VRS Drina Corps surround the 
     town of Srebrenica. President Karadzic issues a new order in 
     which he approves the capture of Srebrenica.
       July 10, 1995--The Bosnian Serbs shell Srebrenica and 
     residents flee toward the U.N. base at Potocari.
       Colonel Karremans makes an urgent request for NATO air 
     support when Bosnian Serb forces shell his soldiers' 
     positions. The Commander of the U.N. forces, French General 
     Bernard Janvier, initially rejects the request, but 
     ultimately approves the use of air strikes. In the meantime, 
     the VRS forces stop attacking U.N. soldiers and the air 
     attacks are postponed.
       Colonel Karremans assures Bosnian Muslims that NATO 
     airplanes will execute a major attack on Bosnian Serb troops 
     if VRS forces are not withdrawn from the Protection Zone by 
     6:00 a.m. the next morning.
       July 11, 1995--Bosnian Serb forces conduct extensive 
     shelling of Srebrenica.
       9:00 a.m.: Colonel Karremans is notified that his request 
     for air support was not submitted on the correct form. At 
     10:30 a.m., the re-issued request reaches General Janvier. 
     However, the NATO warplanes that have been circling 
     Srebrenica since 6:00 a.m. are low on fuel and have to return 
     to their base in Italy.
       2:30 p.m.: NATO planes bomb Republika Srpska army tanks. 
     The Bosnian Serb forces threaten to kill captured Dutch 
     soldiers and shell the U.N. base in Potocari. Plans for 
     further NATO air strikes are abandoned.
       General Ratko Mladic, together with General Krstic (then 
     Deputy Commander and Chief of Staff of the Drina Corps), 
     General Zivanovic (then Commander of the Drina

[[Page 14369]]

     Corps) and other VRS officers enter Srebrenica.
       8:00 p.m.: Representatives of the Bosnian Serb forces meet 
     UNPROFOR leaders at the Hotel Fontana in the neighboring city 
     of Bratunac. General Ratko Mladic chairs the meeting, and the 
     two sides discuss the mounting refugee crisis.
       Around 10:00 p.m.: In Srebrenica, military leaders of the 
     Army of Bosnia and Herzegovina and local civilians decide to 
     form a column of men--about two thirds of which were Bosnian 
     Muslim civilians--with the goal of escaping from Srebrenica 
     through the mountains toward Tuzla. The column starts moving 
     north around midnight.
       11:00 p.m.: A second meeting at the Hotel Fontana results 
     in a plan to transport Bosnian Muslim civilians out of the 
     enclave.
       July 12, 1995.--VRS General Milenko Zivanovic signs an 
     order directing the Drina Corps to secure all buses and mini-
     buses belonging to the VRS. The Republika Srpska Defense 
     Ministry sends three orders to its local secretariats 
     directing them to procure buses and to send them to Bratunac.
       10:00 a.m.: A third and final meeting is held at the Hotel 
     Fontana to discuss the fate of the Srebrenica Muslims. Ratko 
     Mladic issues an order to transport Bosnian Muslim refugees 
     out of Potocari, stating that it is the only way to guarantee 
     their survival. He also informs those present that all males 
     between the ages of 16 and 70--essentially all military-aged 
     men, (which however did not prevent boys of much younger age 
     as well as much older men to be included in this group) must 
     be separated from the others and screened to prevent the 
     escape of possible ``war criminals.''
       1:00 p.m.: Dozens of buses arrive in Potocari. Women, 
     children, and the elderly are driven by bus from Potocari 
     toward Tuzla, which is under the control of the Army of 
     Bosnia and Herzegovina. Military-aged men are systematically 
     separated out and detained in Potocari before being 
     transferred to Bratunac.
       Bosnian Serbs forces, including some military and municipal 
     police, take positions along the Bratunac-Milici road with 
     the intention of intercepting the column. Equipped with heavy 
     armor and artillery, the Bosnian Serb forces open fire on the 
     column as it crosses the road between Konjevic Polja and Nova 
     Kasaba. Many survivors of the attack are taken prisoner.
       The U.N. Security Council declares that the international 
     community is ``[g]ravely concerned at the deterioration in 
     the situation in and around the safe area of Srebrenica, 
     Republic of Bosnia and Herzegovina, and at the plight of the 
     civilian population there.''
       July 13, 1995.--The evacuation of women, children, and the 
     elderly continues. Military-aged men are separated from the 
     refugees and transferred to Bratunac.
       As many as 6,000 men from the column headed from Srebrenica 
     to Tuzla are captured and detained by Bosnian Serb forces. 
     Several thousand of them are brought to a field close to 
     Sandici and to the soccer stadium in Nova Kasaba.
       Bosnian Serbs begin the mass execution of Muslim detainees 
     at sites near the Jadar River, the Cerska valley, and a 
     warehouse in Kravica.
       8:00 p.m.: The removal of the Bosnian Muslim population 
     from Potocari is completed.
       July 13-14, 1995.--Executions continue in Tisca.
       July 14, 1995.--Executions continue in Orahovac.
       July 14-15, 1995.--Executions continue at the Petkovci Dam.
       July 16, 1995.--Executions continue at Branjevo Military 
     Farm and the Pilica Cultural Center.
       The front of the decimated column of Bosnian Muslims 
     succeeds in reaching territory controlled by the Army of 
     Bosnia and Herzegovina.
       July 17-18, 1995.--Executions continue at Kozluk and other 
     locations.
       September-October 1995--The Bosnian Serb forces engage in a 
     concerted effort to conceal the mass killings by exhuming 
     bodies from mass graves, turning over the ground, and 
     reburying human remains in smaller, remote gravesites.


                                Epilogue

       Evidence presented at The Hague in the trial of Bosnian 
     Serbs accused of war crimes established that during the month 
     of July 1995, Bosnian Serb forces executed between seven and 
     eight thousand Bosnian men and boys. The International 
     Tribunal for the Former Yugoslavia (ICTY) found ``beyond any 
     reasonable doubt that a crime of genocide was committed in 
     Srebrenica''.
       Immediately after the massacre, Republika Srpska President 
     Radovan Karadzic and VRS Chief Ratko Mladic, the highest 
     political and military leaders of the Bosnian Serbs, were 
     indicted by the Tribunal for their roles in the Srebrenica 
     genocide. To date, they have successfully avoided arrest. The 
     crimes in Srebrenica are also included in the indictment 
     against former Yugoslav leader Slobodan Milosevic.
       Radislav Krstic and Vidoje Blagojevic, high ranking 
     officers of the Bosnian Serb Army, have been convicted of 
     complicity in genocide. Dragan Jokic, Deputy Commander of the 
     Zvornik Brigade, has been convicted of crimes against 
     humanity. General Radislav Krstic, deputy commander of the 
     VRS Drina Corps, has been convicted of genocide. Officers 
     Momir Nikolic and Dragan Obrenovic, and the soldier Drazen 
     Erdemovic, have admitted their guilt and been convicted of 
     crimes against humanity. Those convicted in connection with 
     the genocide have received prison sentences ranging from five 
     to 35 years. Drazen Erdemovic, sentenced to five years in 
     prison for the murder of at least 75 men from Srebrenica, has 
     already been released.
       Ljubisa Beara, Head of Security at the General Headquarters 
     of the Bosnian Serb Army, has been charged with genocide and 
     is awaiting trial.
       Army and police officers Drago Nikolic, Ljubomir Borvcanin, 
     Vinko Pandurevic, and Vujadin Popovic, also indicted for 
     genocide, have surrendered to the Tribunal in The Hague and 
     are awaiting trial. Radivoje Miletic and Milan Gvero, 
     Generals of the Bosnian Serb Army, have surrendered to the 
     Tribunal and are charged with expelling Bosnian Muslims from 
     Srebrenica. General Zdravko Tolimir, who is accused of the 
     same crimes, is still at large.
       The Appeals Chamber of the International Criminal Tribunal 
     for the Former Yugoslavia used strong language to describe 
     the Srebrenica genocide during the trial of General Radislav 
     Krstic: ``By seeking to eliminate a part of the Bosnian 
     Muslims, the Bosnian Serb forces committed genocide. They 
     targeted for extinction the forty thousand Bosnian Muslims 
     living in Srebrenica, a group which was emblematic of the 
     Bosnian Muslims in general. They stripped all the male Muslim 
     prisoners, military and civilian, elderly and young, of their 
     personal belongings and identification, and deliberately and 
     methodically killed them solely on the basis of their 
     identity. The Bosnian Serb forces were aware, when they 
     embarked on this genocidal venture, that the harm they caused 
     would continue to plague the Bosnian Muslims. The Appeals 
     Chamber states unequivocally that the law condemns, in 
     appropriate terms, the deep and lasting injury inflicted, and 
     calls the massacre at Srebrenica by its proper name: 
     genocide. Those responsible will bear this stigma, and it 
     will serve as a warning to those who may in future 
     contemplate the commission of such a heinous act.''
       To date, several thousand bodies and parts of bodies from 
     victims of the genocide have been exhumed from mass graves. 
     So far, 1,327 of these bodies have been identified and buried 
     in the Memorial Centre in Potocari near Srebrenica.
       Of the 27,000 Bosnian Muslims who inhabited Srebrenica 
     before the war, only a few hundred have returned to live in 
     the city.

  Mr. Speaker, I reserve the balance of our time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in strong support of this resolution.
  Mr. Speaker, first I want to commend the gentleman from New Jersey 
(Mr. Smith), my good friend and distinguished colleague, an 
indefatigable fighter for human rights across the globe, for 
introducing this resolution.
  It is vitally important that we recall the brutal and tragic events 
that took place at Srebrenica in July of 1995, and seek justice as long 
as those responsible are still at large.
  Mr. Speaker, in early July 1995, Bosnian Serb forces laid siege to 
the town of Srebrenica in eastern Bosnia where tens of thousands of 
Muslim civilians had taken refuge from earlier Serb offenses in the 
northeast.

                              {time}  1615

  The United Nations attempted to extend protection to the area, and 
some 600 lightly armed Dutch troops were dispatched there to establish 
a United Nations presence.
  Serbian troops stepped up shelling the town, and thousands of Muslim 
refugees fled ahead of the advancing Serb forces. Serb soldiers then 
attacked the Dutch U.N. troops and took 30 of them hostage. The Dutch 
commander requested NATO air strikes against the Serbian troops, but 
these were quickly stopped after the Serbian commander threatened to 
kill the Dutch captives.
  The Serbs occupied the area and began separating the civilians, men 
to one side, women and children to the other. Women and children were 
transported, terrified, to Muslim territory; but all the males between 
the ages of 12 and 77 were held for what the Serbs cynically termed 
interrogation for suspected war crimes. Over the next 5 days, Bosnian 
Serb soldiers systematically killed over 7,000 unarmed men and boys in 
the fields, schools, and warehouses around Srebrenica.
  Mr. Speaker, this was the worst massacre in the bloody Bosnian war, 
and it

[[Page 14370]]

was ethnic cleansing of the most horrible sort. It is important that we 
note not only that 10 years have passed since that horrendous crime, 
but what is more, that those who are guilty of this mind-boggling 
atrocity have not been brought to justice.
  The Bosnian Serb general who commanded Serbian forces at Srebrenica, 
Ratko Mladic, has been indicted by the International Criminal Tribunal, 
but he remains at large in Serbian-controlled areas of Bosnia or in 
Serbia itself. Another Bosnian Serb indicted by the tribunal who also 
bears responsibility for the atrocities is also free in Bosnia or in 
Serbia. He is Radovan Karadzic, the former leader of the self-styled 
Republika Srpska, or the Serb-controlled territories in Bosnia.
  Mr. Speaker, it is an outrage that such war criminals continue to be 
sheltered and protected by Serbian officials in Bosnia and in Serbia. 
As we solemnly mark the passage of a decade since this horrific 
massacre at Srebrenica, it is essential that we recommit ourselves to 
seek justice for the victims, well-deserved punishment for the 
perpetrators, and commit ourselves to take all possible action to 
assure that such atrocities do not again occur in Bosnia or in Rwanda 
or in Darfur, or indeed any place on this small planet.
  Mr. Speaker, I strongly support this resolution, and I urge all of my 
colleagues to do so.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of 
my time.
  As we consider this resolution, I want to thank those who have worked 
hard to craft the text that meets various concerns and reflects the 
realities of Srebrenica as we know them. In particular, I want to thank 
the Congress of North American Bosniaks and its members for stressing 
the need for the United States Congress to address this issue at this 
time, not only for their sake but for the sake of humanity.
  I also want to thank the Coalition for International Justice for 
providing us with background on who was indicted for crimes relating to 
Srebrenica by the International Criminal Tribunal for the former 
Yugoslavia located at the Hague, as well as their current status.
  Finally, I want to thank the chairman of the International Relations 
Committee, the gentleman from Illinois (Mr. Hyde), and especially the 
gentleman from California (Mr. Lantos), who is one of the cosponsors of 
this resolution and a great friend of human rights; and also for our 
friends on the Subcommittee on Europe and Emerging Threats, to which it 
was also referred, for working with us on helping to craft this 
regulation. And to the 39 cosponsors, including the gentleman from 
Maryland (Mr. Cardin), who is the ranking member on the Commission on 
Security and Cooperation in Europe, which I chair in the House.
  Let me say, finally, Mr. Speaker, that Article 2 of the Genocide 
Convention, quoted in the text of this resolution, defines genocide as, 
``Any of the following acts committed with intent to destroy in whole 
or in part, a national, ethnical, racial, or religious group, such as: 
A, killing members of the group; B, causing serious bodily or mental 
harm to members of the group; C, deliberately inflicting on the group 
conditions of life calculated to bring about its physical destruction 
in whole or in part; E, forcibly transferring children of the group to 
another group.''
  Genocide is defined as the commission of acts with that intention, 
whether or not the acts succeed or are completed. The word 
``prevention'' is also in the title of the Genocide Convention. While 
not specifying what to be done or obligating countries to do anything 
specific, clearly genocides must be defined as something taking place 
and not as something necessarily accomplished. If accomplished, it is 
too late to prevent it.
  When I look at this definition, Mr. Speaker, and then hear what 
happened in Srebrenica 10 years ago, I, and I know others, can only 
agree with the Appeals Chamber at the International Criminal Tribal for 
the former Yugoslavia, which confirmed in April 2004 that the crime of 
summarily executing almost 8,000 men and boys at Srebrenica alone meets 
the legal definition of genocide.
  The Appeals Chamber, in which an American is the presiding judge, 
concluded in its decision appealing a conviction that ``the law must 
not shy away from referring to the crime committed by its proper name. 
The Appeals Chamber states unequivocally that the law condemns, in 
appropriate terms, the deep and lasting injury inflicted and calls the 
massacre,'' and I continue this quote, ``at Srebrenica by its proper 
name: genocide. Those responsible will bear the stigma, and it will 
serve as a warning to those who may in the future contemplate the 
commission of such a heinous act.''
  The court got it right, Mr. Speaker. This resolution gets it right.
  And, finally, I just want to thank the gentleman to my left, Bob 
Hand, who has been with the Commission on Security and Cooperation now 
since 1983 and who first came as an intern, for his diligence in 
crafting major portions of this legislation. I want to thank him for 
his work and his attention to detail. He is also the staff specialist 
for the commission on all the areas of the former Yugoslavia and 
Albania, and I am deeply grateful for his work as well.
  And Dan Freeman, our expert parliamentarian, to my rear, I want to 
thank him for his work as well.
  Mr. CARDIN. Mr. Speaker, I rise in strong support of this resolution 
and urge my colleague to vote for its passage.
  Article 2 of the Genocide Convention, quoted in the text of this 
resolution, defines genocide as ``any of the following acts committed 
with intent to destroy, in whole or in part, a national, ethnical, 
racial or religious group, such as: (a) killing members of the group; 
(b) causing serious bodily or mental harm to members of the group; (c) 
deliberately inflicting on the group conditions of life calculated to 
bring about its physical destruction in whole or in part; (d) imposing 
measures intended to prevent births within the group; (e) forcibly 
transferring children of the group to another group''. Genocide is 
defined as the commission of acts with that intention whether or not 
the acts succeed or are completed. The word ``prevention'' is also in 
the title of the Genocide Convention. While not specifying what could 
be done or obligating countries to do any specific thing, clearly 
genocide must be defined as something taking place and not as something 
necessarily accomplished. If accomplished, it is too late to prevent 
it.
  When I look at this definition and then hear what happened in 
Srebrenica 10 years ago, I can only agree with the Appeals Chamber at 
the International Criminal Tribunal for the former Yugoslavia, which 
confirmed in April 2004 that the crime of summarily executing almost 
8,000 men and boys at Srebrenica alone meets the legal definition of 
genocide. The Appeals Chamber, in which an American is the presiding 
judge, concluded in a decision appealing a conviction that ``the law 
must not shy away from referring to the crime committed by its proper 
name . . . The Appeals Chamber states unequivocally that the law 
condemns, in appropriate terms, the deep and lasting injury inflicted, 
and calls the massacre at Srebrenica by its proper name: genocide. 
Those responsible will bear this stigma, and it will serve as a warning 
to those who may in the future contemplate the commission of such a 
heinous act.''
  Twenty-three people have been indicted for genocide by the Hague. 
Regardless of individual guilt or innocence, the acceptance of the 
legitimacy of the charges is a recognition that genocide occurred. 
Indeed, if it is accepted that Srebrenica itself was genocide, then we 
must consider the 20-30,000 non-Serbs killed in the Prijedor region, 
which gets less attention mostly because it took place over a 6-month 
period rather than a week, especially given that the crime was 
committed perhaps by some of the same people and certainly under the 
same command. Similarly, we must consider the more than 10,000 killed 
and 50,000 wounded by the sniper fire and an average of over 300 shells 
per day fired into the city Sarajevo in the more than 3-year siege of 
that city--a crime again committed by perhaps some of the same people 
and certainly under the same command. We must consider what happened in 
Foca and Brcko. When we add all these and other places together, we 
must conclude that genocide occurred.
  This, of course, does not mean that Serbs were not also victimized, 
nor does it mean that all Serbs are somehow guilty for what has been 
done in their name. But today, it is entirely appropriate that we focus 
on what happened in Srebrenica, and to put Srebrenica in

[[Page 14371]]

the context of the larger Bosnian conflict. It is also an important 
time to urge the authorities in Belgrade, who have made considerable 
progress this year, to finally complete their cooperation with the 
tribunal. Serbia must transfer Ratko Mladic and other at-large 
indictees to the Hague immediately, so that this issue no longer holds 
Serbia back from taking on a more prominent role in Europe.
  I urge my colleagues to support the passage of this important 
resolution.
  Mr. HOYER. Mr. Speaker, I strongly support this important Resolution 
expressing the sense of the House of Representatives regarding the 
massacre at Srebrenica in July 1995.
  This summer is the 30th anniversary of the signing of the Helsinki 
Final Act, which established principles to be followed by participating 
states that include respect for human rights and fundamental freedoms. 
The Helsinki Final Act and the conference it established have since 
been institutionalized in the Organization for Security and Cooperation 
in Europe, or OSCE. This multilateral diplomatic effort was taken 
seriously by both Republican and Democratic Administrations over the 
years, and it helped tremendously in ending the Cold War division of 
Europe and in giving millions upon millions of people freedom from 
communist repression.
  Those of us who have had the privilege to serve on the U.S. Helsinki 
Commission can recall the powerful impact the Helsinki Final Act had, 
as well as the hard work and sacrifice that helped bring its ideals so 
much closer to reality. Some of us, indeed, will be commemorating the 
OSCE's achievements in about 1 week when the Organization's 
Parliamentary Assembly convenes here in Washington.
  One cannot honestly and credibly assess the accomplishments of the 
Helsinki Final Act, however, without taking note of the greatest single 
violation of its provisions in those three decades. Srebrenica 
undoubtedly is that single greatest violation. Eight thousand men and 
boys, maybe more, were executed and thrown into mass graves. Their 
bodies continue to be exhumed and identified to this day. The surviving 
victims continue to feel the pain from the loss of their loved ones.
  This tragedy is compounded by the truly horrifying fact that it could 
have been prevented. Indeed, it should have been prevented. For 2 
years, Srebrenica was designated by the United Nations as a ``safe 
area.'' Attacks upon it were not to be tolerated. It was protected by 
U.N. peacekeepers. Yet, for months Serb forces prevented humanitarian 
convoys from entering Srebrenica; even the Dutch peacekeeping 
contingent was rendered ineffective by its isolation. When the Serb 
forces attacked, the air strikes necessary to repel them never came. 
The United Nations and its member states were not at all helpless, but 
they were indecisive and feckless in the face of clear aggression.
  Many of us in the Congress at the time appealed for decisive action. 
Even after documenting the policy of ethnic cleansing in Bosnia since 
1992, we admittedly did not know the scale and horrific nature of the 
acts to follow, but we certainly knew something evil was about to occur 
in Srebrenica. And it did occur, due to the simple fact that it was 
allowed to occur.
  We can, if we choose, find some silver linings in that experience. 
For the first time since World War II, individuals have been held to 
account for their crimes, including genocide, before an international 
tribunal. NATO operated ``out of area,'' setting a stage for broadening 
the scope of the alliance to support the interests of its members in 
Afghanistan and elsewhere. Within months of Srebrenica, the 
international community under U.S. leadership at least restored a peace 
to Bosnia that, despite problems, has lasted to this day.
  It is, however, with deep regret that such advances in international 
relations came at such a heavy price to so many innocent people. It is 
a price which Srebrenica survivors continue to pay as Ratko Mladic and 
Radovan Karadzic remain at large and as so many people continue to deny 
the massacre even took place. The least that the international 
community can do to ease their pain is to ensure that the realities of 
Srebrenica are acknowledged as genocide, to vow that they never happen 
again, and this time to mean it.
  I therefore call upon my colleague to support this important 
resolution.
  Mr. BURTON of Indiana. Mr. Speaker, as Chairman of the Congressional 
Serbian Caucus, and a long-time champion of human rights, I was pleased 
to work with Chairman Smith to bring this important resolution to the 
House Floor; and I thank the Chairman and his staff, particularly Bob 
Hand, for their hard work. Nevertheless, despite all of our efforts, at 
the end of the day I still have a few small concerns over the 
resolution's wording.
  Let me be perfectly clear though. The Srebrenica Massacre was a 
horrible event in world history that should never have occurred, should 
never be condoned, and should never be accepted by the international 
community. It was a truly horrifying experience and scarring for all 
those involved, from those directly participating in the slaughter, to 
those who sat idly by while the killing took place. Now, almost 10 
years later, it is only appropriate for this House to pause and 
remember the victims of this horrendous crime and pledge anew that such 
atrocities will never happen again.
  But, this Resolution misses the mark by singling out only one group 
for condemnation. This House, as well as the leaders of the Balkans, 
should speak unequivocally and with one voice to condemn all the 
atrocities that occurred during the Balkan Wars of the 1990s on all 
sides; whether committed by Serb, Croat or Bosnian. Furthermore, this 
House should encourage all parties in the region to renew their 
commitments to fully comply with all international treaties and 
regulations, such as the International Criminal Tribunal for the Former 
Yugoslavia, by handing over all outstanding war criminals. For only 
then can the region, as a whole, move forward to a more peaceful, 
stable, and democratic Trans-Atlantic future, with eventual membership 
in the North Atlantic Treaty Organization and the European Union.
  Once again, I commend my colleague, Chairman Smith for bringing this 
issue before the House. I wish we had been able to strike an 
understanding on some of the broader issues but I still believe that 
House Resolution 199 has great merit and I vote ``aye.''
  Mr. FRANKS of Arizona. Mr. Speaker, I voted ``yes'' on H. Res. 199 to 
recognize the horror suffered by those who lost their lives at 
Srebrenica and the loss to their families.
  However, the resolution falls far short in that it does not recognize 
the horrors, tragedies, and losses suffered by all sides. For example, 
for several years early in the conflict, the Serbian population of 
Srebrenica and scores of nearby villages were either killed or forced 
to flee because of Nasir Oric, a Bosnian Muslim warlord, according to 
UNPROFOR Commander General Phillip Morillon.
  Nasir Oric also carried out many attacks on nearby villages and 
towns, including an attack at Kravica on Orthodox Christmas Eve. 
Reporter Joan Phillips commented in the South Slav Journal that by 
March 31, 1993, at least 1,200 Serbs had been killed and another 3,000 
wounded by Oric's forces, adding ``Today there are virtually no Serbs 
left in the entire Srebrenica municipality. Out of 9,300 Serbs who used 
to live there, less than 900 remain. Out of 11,500 Serbs who used to 
live in Bratunac municipality, more than 6,000 have fled. In the 
Srebrenica municipality, about 24 villages have been razed. The last 
major Serbian villages in the vicinity of Bratunac and Skelani were 
attacked and destroyed on January 7, 1993.''
  In the interest of justice and truth we must have a day of reckoning 
where we acknowledge that no one side was entirely at fault in the 
Balkan wars, and even evaluate where United States' policies 
exacerbated the tragedies suffered. For example, Operation Flash was an 
attack on the civilian Serb population of a U.N. Protected Area and was 
directly authorized by then-President Bill Clinton.
  Likewise, it is my express belief that we should do more to achieve 
reconciliation and mutual trust between the ethnic groups in Bosnia-
Herzegovina.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Issa). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and agree to the resolution, H. Res. 199, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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