[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 118 Referred in Senate (RFS)]
1st Session
H. CON. RES. 118
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2003
Referred to the Committee on Foreign Relations
_______________________________________________________________________
CONCURRENT RESOLUTION
Concerning the treatment of members of the Armed Forces held as
prisoner of war by Iraqi authorities.
Whereas the Armed Forces of the United States and military forces of United
States coalition partners are currently engaged in hostilities in Iraq
in prosecuting Operation Iraqi Freedom;
Whereas an unknown number of members of the Armed Forces of the United States
have been taken prisoner by Iraqi authorities and it is possible that,
before the end of
hostilities, additional members of the Armed Forces of the United States
and members of other coalition forces may be taken prisoner by Iraqi
authorities;
Whereas members of the military forces of Iraq have been taken prisoner by
coalition armed forces;
Whereas all such prisoners who are captured while complying with the laws of war
are entitled to prisoner of war status until their final release and
repatriation;
Whereas in the Convention Relative to the Treatment of Prisoners of War, signed
at Geneva on August 12, 1949 (referred to as the ``Third Geneva
Convention''), the international community has prescribed rules
concerning the treatment of prisoners of war;
Whereas more than 190 nations, including the United States and Iraq, are parties
to the Third Geneva Convention;
Whereas Article 13 of the Third Geneva Convention requires the humane treatment
of prisoners of war and that prisoners of war be protected against acts
of violence or intimidation and against insults and public curiosity;
Whereas Article 17 of the Third Geneva Convention explicitly prohibits the
infliction of physical or mental torture and other forms of coercion on
prisoners of war to secure from them information of any kind whatever
and provides that prisoners of war who refuse to answer may not be
threatened, insulted, or exposed to unpleasant or disadvantageous
treatment of any kind;
Whereas Article 23 of the Third Geneva Convention provides that a prisoner of
war may not at any time be sent to, or detained in areas where the
prisoner may be exposed to the fire of the combat zone, nor may a
prisoner's presence be used to render certain points or areas immune
from military operations;
Whereas the Third Geneva Convention requires that a government holding prisoners
of war grant representatives of the International Committee of the Red
Cross (ICRC) free access to all prisoners of war;
Whereas the Government of the United States has informed the Iraqi authorities
that it intends to treat captured members of the Iraqi armed forces
fully in accordance with the Third Geneva Convention and is in
discussions with ICRC officials to facilitate access at the earliest
possible time to Iraqi enemy prisoners of war held by United States
Armed Forces; and
Whereas Iraqi television has broadcast what appear to be pictures of captured
American military personnel; Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That the Congress--
(1) commends the bravery and professionalism of the members
of the Armed Forces of the United States and the military
forces of United States coalition partners; and
(2) extends heartfelt sympathies to the families and loved
ones of those who are killed, wounded, missing in action, or
taken prisoner by Iraqi authorities.
Sec. 2. The Congress--
(1) demands that Iraqi authorities comply fully and
immediately with its obligations and responsibilities of the
Convention Relative to the Treatment of Prisoners of War;
(2) condemns the failure of Iraqi authorities to treat
prisoners of war in strict conformity with that Convention;
(3) demands that Iraqi authorities permit the International
Committee of the Red Cross to visit any and all American and
coalition prisoners of war at the earliest possible time, in
accordance with the requirements of that Convention;
(4) joins the President in warning all Iraqi authorities
that any individual who mistreats any prisoner of war in
violation of that Convention shall be considered a war criminal
and prosecuted as such to the full extent of United States and
international law; and
(5) supports the President in committing the full effort
and reach of the United States Government to the swift and safe
repatriation of all prisoners of war at the earliest possible
moment consistent with that Convention.
Sec. 3. The Congress supports the President in seeking the fullest
possible accounting, at the earliest possible time upon the cessation
of hostilities, of all members of the Armed Forces who are in a missing
status as a result of operations during Operation Iraqi Freedom.
Passed the House of Representatives March 27, 2003.
Attest:
JEFF TRANDAHL,
Clerk.