Mr. Speaker, I want to thank Mr. Scott and the chairman of the committee, as well as Ranking Member Smith and my friend from California, for their support for this important bill. I rise today because preventing torture of U.S. prisoners…
Mr. Speaker, I want to thank Mr. Scott and the chairman of the committee, as well as Ranking Member Smith and my friend from California, for their support for this important bill.
I rise today because preventing torture of U.S. prisoners of war and citizens should be our highest priority as a Nation. This bill, H.R. 5167, is a bipartisan compromise that will finally, after 17 long years, provide justice for American POWs and civilian hostages who were tortured and terrorized by Saddam Hussein's regime.
And to put a human face on this, Mr. Speaker, these are some of the faces of tortured POWs that this bill is designed to address.
My friend Cliff Acree, a colonel in the United States Marine Corps, aviation, and Commander Jeffrey Zaun from the United States Navy were visible faces of the Gulf War invasion and what was happening to our troops in Iraq.
This photograph shows what happens when we put our young men and women in harm's way and subject them to brutal regimes like what we found when Saddam Hussein invaded Kuwait, and the country of Iraq was labeled as a State sponsor of terrorism which is a necessary predicate to this claim in first place.
Immediately after these captured POWs started showing up on television, this Congress, including the House of Representatives which was under Republican control at that time, passed multiple resolutions condemning the brutal treatment of our prisoners of war, demanding that Iraq abide by the Third Geneva Convention concerning POWs and stated Congress' intention to hold Iraq accountable for tortured POWs.
Why is that important? Because the United States, along with Iraq, are part of the signatory nations to the Third Geneva Convention, and one of the most important articles for the purpose of this bill was article 131, which says no country--and this would include Iraq--shall be allowed to absolve itself or any other country of any liability related to the prohibited treatment of prisoners of war.
It wasn't just our POWs, though. There were civilian hostages taken by the Saddam Hussein regime, including famous CBS news reporter Bob Simon and his cameraman Roberto Alvarez who were kidnapped while on assignment in the Gulf War and were being held and tortured along with the POWs.
There were also numerous civilians who were captured by Saddam Hussein in Kuwait, including children, and were kept and held as human shields and subject to abusive treatment and torture along with our U.S. military forces. That is one of the reasons why this bill came about in the first place.
When these tortured POWs came home--and just so that we can put this into context, these POWs were subjected to cruel physical and mental torture. They were beaten, they were starved, they were hooked to electronic devices and shocked, and subjected to other horrendous acts.
Cliff Acree, the person whose picture is on this chart, had his nose broken on multiple occasions and his skull fractured in addition to being subjected to multiple other forms of abuse.
When these POWs came home, their Secretary of Defense, who was at that time Dick Cheney, said your country is opening its arms to greet you.
And this body, Congress, acted promptly to address these crimes that were committed in violation of international law by passing amendments to the Foreign Sovereign Immunities Act and, in 1996, provided that Americans tortured and terrorized in Iraq could seek compensation for their injuries from those terrorist countries, including Iraq.
Now, these Gulf War POWs have been through hell, and they waited a long
time for their opportunity to get justice. So in 2003, after the Government of Iraq repeatedly refused to negotiate these claims with them and refused to accept service, a judge awarded these 17 POWs a judgment for damages and stated in his ruling that deterring the torture of POWs should be of the highest priority of this government.
But shortly after that award was entered, this administration, which at that time was engaged in Operation Iraqi Freedom, decided that, even though one group of human shield plaintiffs had been compensated by the Government of Iraq, that they were going to seize the assets that were held in U.S. banks that could have been used to satisfy the payment to these tortured American POWs and instead applied them to the reconstruction of Iraq. And Scott McClellan, who was a White House spokesman, on November 6 said, ``The United States condemns, in the strongest terms, the brutal torture to which these Americans were subjected. However, no amount of money can truly compensate these brave men and women for the suffering they went through at the hands of Saddam Hussein's brutal regime, so that's why we're going to extinguish their claims.''
There is a problem, and this problem was mentioned by my friend Mr. Scott, and also by Mr. Issa; that is, that this argument is hollow when you look at what our government has done to help Iraq resolve $20 billion of commercial debt that are outstanding to companies like Mitsubishi of Japan and Hyundai of Korea. And if you look at the fact that in this fiscal year the Government of Iraq will probably generate somewhere in the neighborhood of $100 billion in oil revenues, this small liability to these tortured American citizens clearly should be a higher priority than settling the commercial debts of Japanese and Korean corporations.
That's why the Justice for Victims of Torture and Terrorism Act requires the Government of Iraq to resolve the claims of American victims who are willing to give up all of their punitive damage award that they've already been awarded by the court and two-thirds of their compensatory damages to try to get this matter resolved and allow Iraq to move forward as a nation that belongs to the international community. And the waiver is only eliminated if Iraq does not pay the victims within the time period allotted. And this time period has been part of the Defense Authorization bill since the President's veto last December and since we came back with a new Defense Authorization bill that passed in early January.
In closing, Mr. Speaker, why does this matter? It matters because preventing the torture of current U.S. citizens and troops should be one of our highest priorities in this body.
Upholding our international treaty obligations not to absolve sponsors of terrorism and deterring other countries from engaging in the same type of state-sponsored terrorism that Iraq engaged in should be the message that this legislation sends.
This is a bipartisan agreement. We want to work with the administration to see that these deserving heroes finally get the justice they deserve after 17 years.