Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696592196940.pdf (United States)
III 103D CONGRESS 1ST SESSION S. RES.

35 Expressing the sense of the Senate concerning systematic rape in the conflict in the former Socialist Federal Republic of Yugoslovia.
IN THE SENATE OF THE UNITED STATES JANUARY 26 (legislative day, JANUARY 5), 1993 Mr. LAUTENBERG (for himself, Mr. DOLE, Ms. MURRAY, Mr. DURENBERGER, Mr. KENNEDY, Mr. LEAHY, Mr. D’AMATO, Mr. PRESSLER, Mr. REID, Mr. CAMPBELL, Mr. PELL, Ms. MIKULSKI, Mr. RIEGLE, Mr. AKAKA, Mr. BRADLEY, and Mr. SASSER) submitted the following resolution; which was referred to the Committee on Foreign Relations RESOLUTION Expressing the sense of the Senate concerning systematic rape in the conflict in the former Socialist Federal Re- public of Yugoslovia.
Whereas the State Department Country Reports on Human Rights Practices for 1992 states that ‘‘massive system- atic rape, committed by Bosnian Serb military units and prison guards was used as an extension of ‘ethnic cleans- ing’ to terrify the population’’; Whereas a report by a European Community investigative team estimates that 20,000 women have been raped since the onset of hostilities; Whereas women are protected against ‘‘any attack on their honour, in particular against rape, enforced prostitution, 1 2 or any form of indecent assault’’ under Article 27 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, and are protected against ‘‘outrages particular humiliating and degrading treatment, rape, enforced prostitution, and any form of indecent assault,’’ under Article 4 of Protocol II Additional to the Geneva Conven- tion, 1977; personal dignity, upon in Whereas ‘‘inhumane acts’’ are considered ‘‘crimes against humanity’’ under the London Agreement that established the guidelines for the Nuremberg Trials, and ‘‘torture or inhumane treatment’’ and ‘‘willfully causing great suffer- ing or serious injury to body or health’’ are considered ‘‘grave breaches’’ of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, under Article 147 of that Convention; Whereas rape is a deplorable and illegal act of violence in the United States and in every country in Europe; Whereas systematic rape in the conflict in Bosnia- Herzegovina has been denounced under United Nations Security Council Resolution 798 (1992) and by the Coun- cil of Ministers of the European Community in its dec- laration of December 11, 1992; Whereas former Secretary of State Lawrence Eagleburger de- nounced atrocities in this conflict and named individuals that should stand trial in an international court for ‘‘crimes against humanity’’; Whereas on August 11, 1992, the Senate approved Senate Resolution 330, expressing the sense of the Senate that the United Nations Security
 Council should convene a tribunal to investigate allegations of war crimes and •SRES 35 IS 3 crimes against humanity committed within the territory of the former Yugoslavia and to accumulate evidence, to charge, and to prepare the basis for trying individuals be- lieved to have committed or to have been responsible for such crimes; and Whereas the United Nations Commission of Experts has been appointed to collect information and evidence for the eventual establishment of an international tribunal to prosecute war crimes under international law that are committed in this conflict: Now, therefore, be it Resolved, That (a) the Senate considers— (1) rape, whether individual or mass rape, to be an unacceptable means of warfare; and (2) rape and forced pregnancy to be ‘‘crimes against humanity’’ under international law, regard- less of the ethnicity or religion of the victims or the perpetrators, and considers that such offenses should be so recognized in any international tribunal to try perpetrators of crimes against humanity and war crimes.
(b) The Senate strongly condemns the systematic and widespread rape of women and girls in Bosnia- 13 Herzegovina.
14 15 16 17 (c) The Senate commends— (A) former Secretary of State Eagleburger for denouncing ‘‘crimes against humanity’’ in the con- flict in Bosnia-Herzegovina and for calling for an •SRES 35 IS international crimes tribunal to prosecute such crimes; and (B) the adoption of United Nations Security Council Resolution 798 (1992) and the declaration of December 11, 1992, of the Council of Ministers of the European Community, both of which de- nounced the systematic rape of Moslem women in this conflict.
(d) It is the sense of the Senate that— (1) the President of the United States should— (A) publicly condemn systematic rape in this conflict, (B) state that rape, whether individual or mass rape, and forced pregnancy, as tactics of war, are crimes against humanity and war crimes, and (C) vigorously support the establishment by the United Nations of an international tribu- nal to prosecute crimes against humanity and war crimes; (2) the President of the United States should publicly declare that the United States will offer no safe haven to war criminals; (3) all countries and organizations participating in humanitarian relief efforts in the former Socialist •SRES 35 IS Federal Republic of Yugoslavia should allocate re- sources for the treatment of rape victims, including the training of relief workers in the medical and psy- chological effects of rape; (4) all parties to the conflict in Bosnia- Herzegovina should immediately take steps to pro- tect the rights of women and girls as recognized in the Geneva Conventions and, specifically, to protect them from rape, forced pregnancy, and the infliction of other indignities; and (5) the President of the United States should urge the United Nations to provide adequate fund- ing for the United Nations Commission of Experts and an international tribunal for the full investiga- tion and prosecution of rape.
SEC.

2.

The Secretary of the Senate shall transmit a copy of this resolution to the President of the United States and the Secretary General of the United Nations.

Æ •SRES 35 IS