III 

116TH CONGRESS 

2D SESSION S. RES. 465 

Condemning threats by President Donald J. Trump to violate the law of 

armed conflict with respect to Iran. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2020 

Mr. MARKEY (for himself, Ms. DUCKWORTH, Mr. MERKLEY, Ms. WARREN, 

Mr. LEAHY, Mr. WYDEN, Mr. VAN HOLLEN, and Ms. HARRIS) submitted 

the following resolution; which was referred to the Committee on Foreign 

Relations 

RESOLUTION 

Condemning threats by President Donald J. Trump to violate 

the law of armed conflict with respect to Iran. 

Whereas President Donald J. Trump threatened to destroy 

sites ‘‘important to . . . the Iranian culture’’ and threatened future retaliation in ‘‘a disproportionate manner’’ 

on January 4 and January 5, 2020, respectively; 

Whereas Article 53 of Protocol I to the Geneva Conventions 

prohibits any act of hostility against cultural objects, including making such objects the target of reprisals; 

Whereas destruction of cultural sites violates the 1954 Hague 

Convention for the Protection of Cultural Property in the 

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•SRES 465 IS 

fied during the administration of President George W. 

Bush; 

Whereas the Department of Defense Law of War Manual 

states that ‘‘[c]ultural property, the areas immediately 

surrounding it, and appliances in use for its protection 

should be safeguarded and respected’’; 

Whereas the United States Government has condemned the 

Taliban, the Islamic State, al Qaeda and its affiliates, 

and the Government of the People’s Republic of China, 

among others, for the destruction of cultural heritage; 

Whereas the Trump Administration supported the adoption 

of United Nations Security Council Resolution 2347 

(2017) condemning ‘‘the unlawful destruction of cultural 

heritage, including the destruction of religious sites and 

artefacts’’; 

Whereas, on March 24, 2017, the United States Deputy Permanent Representative to the United Nations stated, 

‘‘The United States seeks to hold accountable . . . the 

perpetrators of deliberate cultural heritage destruction.’’; 

Whereas the destruction of cultural sites in Iran could include damage to one or more of the 22 cultural sites in 

Iran inscribed on the World Heritage List of the United 

Nations Educational, Scientific, and Cultural Organization; 

Whereas, on January 6, 2020, Secretary of Defense Mark T. 

Esper expressed that the United States would not target 

Iranian cultural sites, as the United States ‘‘follow[s] the 

laws of armed conflict’’; 

Whereas military actions conducted ‘‘in a disproportionate 

manner’’ violate international law, including Protocol I to 

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•SRES 465 IS 

partment of Defense guidelines whether in reference to 

the conduct of armed conflict or the resort to war; 

Whereas the Department of Defense Law of War Manual 

states that the principle of proportionality in the conduct 

of war ‘‘generally refers to the obligation to take feasible 

precautions in planning and conducting attacks and to 

refrain from attacks in which the expected loss of civilian 

life, injury to civilians, and damage to civilian objects incidental to the attack would be excessive.’’; 

Whereas the Department of Defense Law of War Manual 

states, ‘‘Proportionality is also a requirement for reprisals, which must respond in a proportionate manner to the 

preceding illegal act by the party against which they are 

taken’’; 

Whereas military action that disregards proportionality would 

further exacerbate the suffering of the Iranian people, 

who have endured— 

(1) their own government’s systematic and longstanding human rights violations, restrictions on political 

freedoms, and brutal suppression of their democratic aspirations; and 

(2) the arbitrary reimposition of United States sanctions that have negatively affected livelihoods of ordinary 

Iranians and restricted economic activity; and 

Whereas the destruction of cultural sites and the disproportionate use of military force are among the actions that 

could needlessly escalate the crisis with Iran: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) affirms that efforts to defend United States 

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1 tial harm to civilians and other protected persons 

2 and objects in foreign countries, consistent with 

3 international legal principles and our common hu4 manity; 

5 (2) affirms that the destruction of cultural her6 itage is morally wrong, is a violation of international 

7 law, and that even threats of such destruction un8 dermine years of public diplomacy demonstrating 

9 that the American people do not seek conflict with 

10 any cultural or religious group; 

11 (3) affirms that no violation of the law of 

12 armed conflict or human rights violation by Iran or 

13 its proxies permits or justifies similar violations by 

14 any other state; 

15 (4) urges President Donald J. Trump to use his 

16 bully pulpit to promote de-escalation of tensions with 

17 Iran rather than to threaten acts of war and viola18 tions of international law; 

19 (5) strongly condemns the President’s threats 

20 to destroy sites important to Iranian culture and to 

21 retaliate against Iran in a disproportionate manner; 

22 and 


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1 (6) demands that the President avoid needless 

2 escalation with Iran and refrain from violating the 

3 law of armed conflict. 

Æ 


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