H.Res. 713House108th Congress (2003-2005)Passed Congress

Deploring the misuse of the International Court of Justice by a plurality of the United Nations General Assembly for a narrow political purpose.

Sponsored by Mike PenceRep. Mike Pence (R-IN)
Introduced July 13, 2004

Legislative Activity

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10 earlier actions
HouseFloor Latest Action

The title of the measure was amended. Agreed to without objection.

July 15, 2004 • 11:54 AM

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HouseIntro Referral

Introduced in House

July 13, 2004

HouseIntro Referral

Referred to the House Committee on International Relations.

July 13, 2004

HouseFloor

Mr. Pence moved to suspend the rules and agree to the resolution, as amended.

July 14, 2004 • 9:25 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5767-5775)

July 14, 2004 • 9:25 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 713.

July 14, 2004 • 9:25 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed until July 15.

July 14, 2004 • 10:12 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5802-5803)

July 15, 2004 • 11:45 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 361 - 45, 13 Present (Roll no. 378).(text: CR 7/14/2004 H5767-5768)

July 15, 2004 • 11:53 AM

HouseFloor

On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 361 - 45, 13 Present (Roll no. 378). (text: CR 7/14/2004 H5767-5768)

July 15, 2004 • 11:53 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 15, 2004 • 11:53 AM

HouseFloor

The title of the measure was amended. Agreed to without objection.

July 15, 2004 • 11:54 AM

Floor Debate

23 members

What members said about H.Res. 713 on the floor

11 Republicans11 Democrats1 Independent
Jim Kolbe
Rep. Jim KolbeR-AZ-8 · Jul 15, 2004

Mr. Chairman, I move to strike the last word. Mr. Chairman, I yield to the gentleman from North Carolina (Mr. Price). Mr. Chairman, I yield to the gentleman from North Carolina (Mr. Burr). Mr.…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jul 15, 2004

Mr. Chairman, I thank the gentlewoman for yielding me time and for her leadership on so many issues. What in the world are we worried about? If we have nothing to hide, then we should not have any…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Jul 15, 2004

Mr. Chairman, I join the chairman in opposition to the amendment. Because what the amendment would do is cut $250 million from the International Development Association and IDA funds, loans to the…

Mike Pence
Rep. Mike PenceR-IN-6 · Jul 14, 2004

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 713) deploring the misuse of the International Court of Justice by a majority of the United Nations General Assembly for…

Sam Farr
Rep. Sam FarrD-CA-17 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. (Mr. FARR asked and was given permission to revise and extend his remarks.) Mr. Chairman, I want to thank…

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Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-18 · Jul 14, 2004

Mr. Speaker, I thank my good friend, the gentleman from Indiana (Mr. Pence), for the undeserved praise and for his nice demeanor in yielding me such time in the beginning of the discussion on this…

Dan Burton
Rep. Dan BurtonR-IN-5 · Jul 14, 2004

Mr. Speaker, the State of Israel has been an unwavering friend and ally of the United States for decades. And Israel has stood in complete solidarity with the United States in the Global War on…

Tom Lantos
Rep. Tom LantosD-CA-12 · Jul 14, 2004

Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of this all-important resolution. First, I want to pay tribute to my good friend, the gentleman from Indiana (Mr.…

Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Jul 15, 2004

Mr. Chairman, I do not believe this is mission creep, this is more like Mission Success. But I want to say first before I get into it, and I appreciate that the gentleman from California has agreed…

Ron Paul
Rep. Ron PaulR-TX-14 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. (Mr. PAUL asked and was given permission to revise and extend his remarks.) Mr. Chairman, my amendment…

Steve Buyer
Rep. Steve BuyerR-IN-4 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. My amendment seeks to end any possible form of manipulation of our elections in November. Article I of…

David R. Obey
Rep. David R. ObeyD-WI-7 · Jul 14, 2004

Mr. Speaker, today the House will vote on a resolution condemning the International Court of Justice for rendering an advisory opinion on the legal consequences of the construction of the ``Israeli…

Bernard Sanders
Rep. Bernard SandersI-VT · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself 6 minutes. Mr. Chairman, this tripartisan amendment has widespread support across the ideological spectrum, from Democrats and…

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Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Jul 14, 2004

Mr. Speaker, I rise today in strong support of this resolution and wish to thank Chairman Hyde and Ranking Member Lantos for their extraordinary leadership on this issue. I would also like to thank…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Jul 15, 2004

Mr. Chairman, as a member of the Subcommittee on Africa, I rise in strong opposition to the Kennedy amendment cutting funds for the International Development Association which is helping the Earth's…

Mark R. Kennedy
Rep. Mark R. KennedyR-MN-6 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I thank the distinguished chairman for his great work on foreign relations. I share his great concern with…

C. L. (Butch) Otter
Rep. C. L. (Butch) OtterR-ID-1 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise to address what I believe to be a fatal flaw in the way we administer our foreign…

Jerry Weller
Rep. Jerry WellerR-IL-11 · Jul 15, 2004

Mr. Chairman, I thank the gentleman for the opportunity to speak, and I rise today in opposition to the amendment offered by the gentleman from California (Mr. Farr) to put a cap on U.S. military and…

Lois Capps
Rep. Lois CappsD-CA-23 · Jul 14, 2004

Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, I rise to express very serious concerns about the resolution before the House. I state these reservations as a strong friend…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-46 · Jul 15, 2004

Mr. Chairman, the distinguished chairman and I have discussed the case of the Berhane family, U.S. citizens who had their private businesses confiscated by the former Ethiopian government. While this…

Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Jul 14, 2004

I thank my colleague from Indiana for his leadership and emerging as a strong spokesman for the State of Israel and also my colleague from California (Mr. Lantos) who has crusaded for years and has…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 15, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise today on an amendment dealing with the Global Environment Facility. It is the primary financing…

James P. McGovern
Rep. James P. McGovernD-MA-3 · Jul 15, 2004

Mr. Chairman, I rise in support of the Farr-Schakowsky- McGovern amendment. Mr. Chairman, this is an amendment about America, about us, and about the pressures placed on our uniformed men and women…

Robert Menendez
Rep. Robert MenendezD-NJ-13 · Jul 15, 2004

Mr. Chairman, I thank the gentlewoman for yielding. I appreciate the opportunity. I am concerned, and I had an amendment that I originally drafted to restore development assistance and child survival…

Bill Text

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Engrossed in HouseIssued July 15, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 713 Engrossed in House (EH)]

In the House of Representatives, U.S.,

July 15, 2004.
Whereas the Israeli people have suffered through a three-year campaign of terror
that has included suicide bombings, snipers, and other attacks on homes,
businesses, and places of worship and has resulted in the murder of more
than 1,000 innocent people since September 2000;
Whereas more than 50 United States citizens have been killed and more than 80
United States citizens injured by Palestinian terrorists in Israel, the
West Bank, and Gaza since 1993;
Whereas President George W. Bush said in October 2003 regarding Israel's right
to self-defense that ``Israel must not feel constrained in terms of
defending the homeland'';
Whereas international law, as expressly recognized in Article 51 of the United
Nations Charter, guarantees all nations an inherent right to self-
defense;
Whereas United Nations Security Council Resolution 1373 (2001), relating to
international cooperation to combat threats to international peace and
security caused by terrorist acts, and statements by representatives of
other countries at that time, make clear that Article 51 of the United
Nations Charter applies to self-defense against actions by terrorist
groups against the civilian population of any country;
Whereas a security barrier, capable of being modified or removed, is being
constructed by Israel in response to an ongoing campaign of terror
against its people and has resulted in a dramatic decline in the number
of successful terrorist attacks;
Whereas on December 8, 2003, the United Nations General Assembly adopted,
through a plurality rather than a majority vote of member nations,
Resolution ES-10/14 which requested the International Court of Justice
(ICJ) to render an opinion on the legality of the security barrier;
Whereas the United States, Australia, Belgium, Cameroon, Canada, the Czech
Republic, the Federated States of Micronesia, France, Germany, Greece,
Ireland (for itself and in addition on behalf of the Member States and
Acceding States of the European Union), Italy, Japan, the Marshall
Islands, the Netherlands, Norway, Palau, the Russian Federation, Spain,
Sweden, Switzerland, and the United Kingdom submitted objections on
various grounds against the ICJ hearing the case or expressing concerns
about the advisability of the publication of an advisory judgment;
Whereas a June 30, 2004, decision of a panel of the Israeli Supreme Court,
headed by its President and sitting as a High Court of Justice, called
on the Government of Israel to take Palestinian humanitarian concerns
further into account in the construction of the barrier, even if doing
so resulted in greater security risk to Israeli citizens, and
accordingly required the Government to alter the route of a specific
portion of the barrier near Jerusalem in order to accommodate
Palestinian humanitarian concerns;
Whereas the Government of Israel immediately stated that it would respect the
decision of its High Court of Justice and has taken action to implement
that decision;
Whereas the Government of Israel has expressed its commitment that the security
barrier is temporary in nature and will not prejudice any final status
issues, including final borders;
Whereas on July 9, 2004, the ICJ said in a non-unanimous, non-binding advisory
judgment that Israel's security barrier, to the degree it was built
outside the pre-June 1967 borders, was illegal and should be dismantled,
and that Article 51 of the United Nations Charter did not apply to
Israeli actions in self-defense with respect to violence emanating from
the West Bank;
Whereas on July 11, 2004, less than two days after the ICJ's advisory judgment,
Israeli civilians were murdered by Palestinian terrorists;
Whereas the Palestinians, along with other parties and states, may attempt to
use the ICJ's advisory judgment to advance their positions on issues
committed to negotiations between the Israelis and Palestinians by
advancing resolutions in the United Nations General Assembly, the
Security Council, or elsewhere calling for the removal of the barrier
and for the imposition of sanctions to force Israel to comply with the
advisory judgment; and
Whereas the administration of President Bush has reiterated its position that
the ICJ should not have agreed to decide a political issue of this
nature that should, rather, be resolved through the Roadmap process
leading to a negotiated agreement between Israel and the Palestinians:
Now, therefore, be it
Resolved, That the House of Representatives--
(1) reaffirms its steadfast commitment to the security of Israel and
its strong support of Israel's inherent right to self-defense;
(2) condemns the Palestinian leadership for failing to carry out its
responsibilities under the Roadmap and under other obligations it has
assumed, to engage in a sustained fight against terrorism, to dismantle
the terrorist infrastructure, and to bring an end to terrorist attacks
directed at Israel;
(3) calls on Palestinians and all states, in the region and beyond,
to join together to fight terrorism and dismantle terrorist
organizations so that progress can be made toward a peaceful resolution
of the Israeli-Palestinian conflict;
(4) deplores--
(A) the misuse of the International Court of Justice (ICJ)
by a plurality of member nations of the United Nations General
Assembly for the narrow political purpose of advancing the
Palestinian position on matters Palestinian authorities have
said should be the subject of negotiations between the parties;
and
(B) the July 9, 2004 advisory judgment of the ICJ, which
seeks to infringe upon Israel's right to self-defense, including
under Article 51;
(5) regrets the ICJ's advisory judgment, which is likely to
undermine its reputation and interfere with a resolution of the
Palestinian-Israeli conflict;
(6) commends the President and the Secretary of State for their
leadership in marshaling opposition to the misuse of the ICJ in this
case;
(7) calls on members of the international community to reflect
soberly on--
(A) the steps taken by the Government of Israel to mitigate
the impact of the security barrier on Palestinians, including
steps it has taken by order of its High Court of Justice,
without being required to do so by the ICJ; and
(B) the damage that will be done to the ICJ, to the United
Nations, and to individual Israelis and Palestinians, by actions
taken under color of the ICJ's advisory judgment that interfere
in the Roadmap process and impede efforts to achieve progress
toward a negotiated settlement between Israelis and
Palestinians; and
(8) urges all nations to join the United States in international
fora to prevent the exploitation of the ICJ's advisory judgment for
political purposes.
Attest:

Clerk.