S.Amdt. 2990

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

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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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