[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 31 Referred in House (RFH)]
<DOC>
108th CONGRESS
1st Session
S. CON. RES. 31
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Referred to the Committee on International Relations
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the outrage of Congress at the treatment of certain American
prisoners of war by the Government of Iraq.
Whereas Saddam Hussein has failed to comply with United Nations Security Council
Resolutions 678, 686, 687, 688, 707, 715, 949, 1051, 1060, 1115, 1134,
1137, 1154, 1194, 1205, l284, and 1441;
Whereas the military action now underway against Iraq is lawful and fully
authorized by the Congress in section 3(a) of Public Law 10709243, which
passed the Senate on October 11, 2002, by a vote of 770923, and which
passed the House of Representatives on that same date by a vote of
29609133;
Whereas, in the ensuing conflict, Iraq has captured uniformed members of the
United States Armed Forces and the armed forces of other coalition
nations, including the United Kingdom;
Whereas several American prisoners of war appear to have been publicly and
summarily executed following their capture in the vicinity of An
Nasiryah, demonstrating, as the President said on March 26, 2003, that
``in the ranks of that regime are men whose idea of courage is to
brutalize unarmed prisoners'';
Whereas Iraqi state television has subjected American prisoners of war to
humiliation, interrogating them publicly and presenting them as objects
of public curiosity and propaganda in clear contravention of
international law and custom;
Whereas the customary international law of war has, from its inception,
prohibited and condemned as war crimes the killing of prisoners of war
and military personnel attempting to surrender;
Whereas Iraq is a signatory to the Convention Relative to the Treatment of
Prisoners of War, dated at Geneva August 12 1949, and entered into force
October 21, 1950 (``the Geneva Convention'');
Whereas the Geneva Convention requires that ``[p]risoners of war must at all
times be humanely treated'' and specifically ``must at all times be
protected, particularly against acts of violence or intimidation and
against insults and public curiosity'';
Whereas the Geneva Convention stipulates that ``[p]risoners of war are entitled
in all circumstances to respect for their persons and their honour'' and
that ``[w]omen shall be treated with all the regard due to their sex'';
Whereas the Geneva Convention declares that the detaining power is responsible
for the treatment afforded prisoners of war, regardless of the identity
of the individuals or military units who have captured them; and
Whereas the United States and the other coalition nations have complied, and
will continue to comply, with international law and custom and the
Geneva Convention: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) expresses its outrage at the flagrant violations by the
Government of Iraq of the customary international law of war
and the Convention Relative to the Treatment of Prisoners of
War, dated at Geneva August 12 1949, and entered into force
October 21, 1950;
(2) supports in the strongest terms the President's warning
to Iraq that the United States will hold the Government of
Iraq, its officials, and military personnel involved
accountable for any and all such violations;
(3) expects Iraq to comply with the requirements of the
international law of war and the explicit provisions of the
Convention Relative to the Treatment of Prisoners of War, which
afford prisoners of war the proper and humane treatment to
which they are entitled; and
(4) expects that Iraq will afford prisoners of war access
to representatives of the International Committee of the Red
Cross, as required by the Convention Relative to the Treatment
of Prisoners of War.
Passed the Senate April 9, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.