III

103D CONGRESS

1ST SESSION S. RES. 79

Expressing the Sense of the Senate concerning the United Nation’s arms

embargo against Bosnia-Herzegovina, a nation’s right to self-defense,

and peace negotiations.

IN THE SENATE OF THE UNITED STATES

MARCH 11, (legislative day, MARCH 3), 1993

Mr. FEINGOLD submitted the following resolution; which was referred to the

Committee on Foreign Relations

RESOLUTION

Expressing the Sense of the Senate concerning the United

Nation’s arms embargo against Bosnia-Herzegovina, a

nation’s right to self-defense, and peace negotiations.

Whereas Bosnia-Herzegovina was recognized as a sovereign

nation by the United Nations on May 21, 1992, and by

the United States on April 7, 1992;

Whereas the Government of Bosnia-Herzegovina has been

duly-elected, and is committed to peaceful negotiations

with its neighboring states;

Whereas the Government of the United States and the United Nations Security Council is committed to maintaining

the territorial integrity of Bosnia-Herzegovina;
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SRES 79 IS

Whereas article 51 of the Charter of the United Nations

guarantees the right of self-defense to individuals and

states;

Whereas United Nations Resolution 713 (1991) imposed a

‘‘general and complete embargo on all deliveries of weapons and military equipment to Yugoslavia’’ on September

22, 1991, ‘‘recalling its primary responsibility under the

Charter of the United Nations for the maintenance of

international peace and security’’;

Whereas the Serbian forces inherited almost the entire stockpile of armaments in the Socialist Republic of Yugoslavia,

which was the fifth largest army in Europe;

Whereas the embargo froze an unequal and unjust distribution of force, and has enabled the Yugoslav Army and the

Serb militias to wage war in Bosnia-Herzegovina;

Whereas Serbia and Serbian-armed forces have launched

campaigns of ‘‘ethnic cleansing’’ against non-Serbian

residents in Bosnia-Herzegovina, killing over one hundred

thirty thousand people and transferring more than one

and one-half million from their homelands;

Whereas the 1992 State Department Country Report on

Human Rights Practices states that ‘‘massive systematic

rape, committed by Bosnian Serb military units and prison guards’’ has been instituted as policy, and a European

Community report estimates than twenty thousand

women have been raped by Serb forces;

Whereas the Charter of the United Nations is clearly violated

when the Government of Bosnia-Herzegovina cannot defend its citizens from such aggression;
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SRES 79 IS

Whereas United Nations peacekeeping troops are not authorized through the rules of engagement to protect victims

of military assault;

Whereas the Government of the United States and its allies

in Europe are committed to enforcing an eventual peace

agreement, but are reluctant to send their troops into

Bosnia-Herzegovina for the purposes of peacekeeping;

Whereas the international arms embargo has impeded the

right of the Government of Bosnia-Herzegovina to protect its citizens from aggression, to ensure humanitarian

efforts to deliver food and other supplies, to develop as

an independent nation, and to enforce meaningful peace

agreements;

Whereas international diplomatic efforts have not to date

produced a peaceful and just solution;

Whereas the negotiating strength of each party is dependent

to some degree on equity in access to arms, lifting the

arms embargo against Bosnia-Herzegovina will assist in

self-defense and thereby strengthen the peace process;

Whereas United States Public Law 102–391 of October 6,

1992 states ‘‘because of the United Nations arms embargo is serving to sustain the military advantage of the aggressor, the United Nations should exempt the Government of Bosnia-Herzegovina from its embargo’’;

Whereas the United States should not act unilaterally in this

regard without unanimous agreement from the United

Nations Security Council; and

Whereas the United States should take actions to support the

peace process and political resolutions to the tragedy in

Bosnia-Herzegovina: Now, therefore, be it

1 Resolved, That—
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1 the United States should work with the member

2 states of the United Nations Security Council to lift

3 the international arms embargo as it applies to

4 Bosnia-Herzegovina in concurrence with article 51

5 of the United Nations Charter; and

6 such action should be taken on a timely basis

7 in a manner to complement to the maximum extent

8 feasible the peace process.

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