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 Republic of Yugoslovia.

Whereas the State Department Country Reports on Human

Rights Practices for 1992 states that ‘‘massive systematic rape, committed by Bosnian Serb military units and

prison guards was used as an extension of ‘ethnic cleansing’ 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,
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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 upon personal dignity, in particular

humiliating and degrading treatment, rape, enforced

prostitution, and any form of indecent assault,’’ under

Article 4 of Protocol II Additional to the Geneva Convention, 1977;

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 suffering 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 BosniaHerzegovina has been denounced under United Nations

Security Council Resolution 798 (1992) and by the Council of Ministers of the European Community in its declaration of December 11, 1992;

Whereas former Secretary of State Lawrence Eagleburger denounced 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
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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 believed 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

1 Resolved, That (a) the Senate considers—

2 (1) rape, whether individual or mass rape, to be

3 an unacceptable means of warfare; and

4 (2) rape and forced pregnancy to be ‘‘crimes

5 against humanity’’ under international law, regard6 less of the ethnicity or religion of the victims or the

7 perpetrators, and considers that such offenses

8 should be so recognized in any international tribunal

9 to try perpetrators of crimes against humanity and

10 war crimes.

11 (b) The Senate strongly condemns the systematic and

12 widespread rape of women and girls in Bosnia13 Herzegovina.

14 (c) The Senate commends—

15 (A) former Secretary of State Eagleburger for

16 denouncing ‘‘crimes against humanity’’ in the con17 flict in Bosnia-Herzegovina and for calling for an
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1 international crimes tribunal to prosecute such

2 crimes; and

3 (B) the adoption of United Nations Security

4 Council Resolution 798 (1992) and the declaration

5 of December 11, 1992, of the Council of Ministers

6 of the European Community, both of which de7 nounced the systematic rape of Moslem women in

8 this conflict.

9 (d) It is the sense of the Senate that—

10 (1) the President of the United States should—

11 (A) publicly condemn systematic rape in

12 this conflict,

13 (B) state that rape, whether individual or

14 mass rape, and forced pregnancy, as tactics of

15 war, are crimes against humanity and war

16 crimes, and

17 (C) vigorously support the establishment

18 by the United Nations of an international tribu19 nal to prosecute crimes against humanity and

20 war crimes;

21 (2) the President of the United States should

22 publicly declare that the United States will offer no

23 safe haven to war criminals;

24 (3) all countries and organizations participating

25 in humanitarian relief efforts in the former Socialist
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1 Federal Republic of Yugoslavia should allocate re2 sources for the treatment of rape victims, including

3 the training of relief workers in the medical and psy4 chological effects of rape;

5 (4) all parties to the conflict in Bosnia6 Herzegovina should immediately take steps to pro7 tect the rights of women and girls as recognized in

8 the Geneva Conventions and, specifically, to protect

9 them from rape, forced pregnancy, and the infliction

10 of other indignities; and

11 (5) the President of the United States should

12 urge the United Nations to provide adequate fund13 ing for the United Nations Commission of Experts

14 and an international tribunal for the full investiga15 tion and prosecution of rape.

16 SEC. 2. The Secretary of the Senate shall transmit

17 a copy of this resolution to the President of the United

18 States and the Secretary General of the United Nations.

Æ