III

103D CONGRESS

1ST SESSION S. RES. 11

Relating to Bosnia-Hercegovina’s right to self-defense.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. DECONCINI (for himself, Mr. D’AMATO, Mr. LIEBERMAN, Mr. DOLE, Mr.

LUGAR, and Mr. PRESSLER) submitted the following resolution; which

was read twice and referred to the Committee on Foreign Relations

RESOLUTION

Relating to Bosnia-Hercegovina’s right to self-defense.

Whereas Bosnia-Hercegovina is a sovereign and independent

state, a member of the United Nations, and a participating State of the Conference on Security and Cooperation

in Europe;

Whereas the leaders of Bosnia-Hercegovina have committed

themselves to practice tolerance and to live together in

peace with neighboring states in keeping with the Charter

of the United Nations and to promote human rights and

democracy pursuant to the Helsinki Final Act;

Whereas the people of Bosnia-Hercegovina have been and remain the target of armed aggression by Serbia and Serbian-backed forces;
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Whereas the loss of life and human suffering in BosniaHercegovina has reached an unprecedented scale in postWorld War II Europe;

Whereas the war and ‘‘ethnic cleansing’’ in BosniaHercegovina has uprooted more than one and one-half

million people, contributing to the largest refugee problem in Europe since World War II;

Whereas the people of Bosnia-Hercegovina have been subjected to organized, systematic, and premeditated war

crimes and genocide, including willful killings, rape,

forced impregnation, abuse of civilians in detention centers, deliberate attacks on noncombatants, ‘‘ethnic cleansing’’ through forcible explusion and deportation of civilians, and torture of prisoners;

Whereas the United Nations Security Council has reaffirmed

that persons who commit or order the commission of

grave breaches of the Geneva Conventions are individually responsible in respect to such breaches;

Whereas the International Committee of the Red Cross and

other international humanitarian organizations have not

been granted unimpeded and continuous access to all

camps, prisons and detention centers in BosniaHercegovina as called for by the United Nations Security

Council;

Whereas efforts by United Nations humanitarian organizations and others to secure the effective and unimpeded

delivery of humanitarian supplies to all victims of the war

in Bosnia-Hercegovina have been repeatedly blocked;

Whereas numerous diplomatic efforts to achieve a peaceful

solution to the war in Bosnia-Hercegovina have failed to

bring about a cessation of hostilities;
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Whereas the United Nations Security Council has demanded

that neighboring states respect the territorial integrity of

Bosnia-Hercegovina;

Whereas irregular forces have failed to disband, disarm, or

place their weapons under effective international monitoring;

Whereas article 51 of the Charter of the United Nations provides for the right of individual and collective self-defense

if an armed attack occurs against a member state;

Whereas Bosnia-Hercegovina’s right to defend itself against

attack by well armed forces has been thwarted by the existing international arms embargo;

Whereas incursions of the airspace of Bosnia-Hercegovina by

hostile military aircraft continue to occur in violation of

the establishment of a ‘‘no-fly’’ zone by the United Nations Security Council; and

Whereas United Nations Security Council resolutions on a

‘‘no-fly’’ zone, the transfer of all heavy weapons to international control, the delivery of humanitarian assistance,

and access to all camps, prisons and detention centers in

Bosnia-Hercegovina have not been fully implemented or

enforced: Now, therefore, be it

1 Resolved, That the United States should act, without

2 delay, to uphold Bosnia-Hercegovina’s right to self-defense

3 as provided for under article 51 of the Charter of the Unit4 ed Nations and to seek the immediate lifting of the inter5 national arms embargo as it applies to that country, thus

6 enabling Bosnia-Hercegovina to obtain defensive weapons.
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1 SEC. 2. The United States should assemble a multi2 national coalition to—

3 (1) immediately enforce the existing United Na4 tions ‘‘no-fly’’ zone over the territory of Bosnia5 Hercegovina, including through the use of military

6 air force, if required;

7 (2) ensure that irregular forces in Bosnia8 Hercegovina either withdraw, or be subject to the

9 authority of the Government of Bosnia-Hercegovina,

10 or be disbanded and disarmed with their weapons

11 placed under effective international monitoring. In

12 the event that such steps are not taken by irregular

13 forces immediately, every effort, including the use of

14 military air force, should be made to neutralize

15 heavy arms in the hands of such forces;

16 (3) ensure the immediate, effective and

17 unimpeded delivery of humanitarian aid to all civil18 ian populations in Bosnia-Hercegovina, in keeping

19 with international commitments, including through

20 the use of military force, if required; and

21 (4) ensure unimpeded access to all camps, pris22 ons and detention centers in Bosnia-Hercegovina by

23 the International Committee of the Red Cross and

24 other international humanitarian organizations and
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1 facilitate the release of all detainees from such facili2 ties.

3 SEC. 3. The United States should—

4 (1) seek an increase in the number of refugees

5 from Bosnia-Hercegovina permitted to enter the

6 United States and other European countries; and

7 (2) work to ensure that those responsible for

8 war crimes and crimes against humanity in Bosnia9 Hercegovina are held accountable by an inter10 national criminal tribunal.

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