IV

103D CONGRESS

1ST SESSION H. RES. 32

Expressing the sense of the House of Representatives concerning systematic

rape in the conflict in Bosnia-Herzegovina.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1993

Mr. MILLER of California (for himself, Ms. PELOSI, Mr. MFUME, Mr. DELLUMS, Mrs. SCHROEDER, Mr. TORRICELLI, Mrs. KENNELLY, Mr. EDWARDS of California, Ms. MEEK, Ms. DELAURO, Mr. GEJDENSON, Mr.

WAXMAN, Mr. OLVER, Mr. MANTON, Mr. REYNOLDS, Mr. SABO, Mr.

RAMSTAD, Mr. MCDERMOTT, Mr. COLEMAN, Mr. DE LUGO, Mr. WALSH,

Mr. BONIOR, Mr. SWETT, Mr. SAWYER, Mr. MINETA, Mr. LANCASTER,

Mr. MARTINEZ, Mr. KYL, Mr. ABERCROMBIE, Mrs. MEYERS of Kansas,

Mr. MORAN, Mr. LEVIN, Mr. SCHUMER, Mr. SANDERS, Mr. COOPER, Ms.

MOLINARI, Mr. PRICE, Mrs. MORELLA, Mr. MATSUI, Mr. BEILENSON,

Mr. BACCHUS of Florida, Mr. BROWN of California, Mr. STARK, Mr.

OWENS, Mr. FOGLIETTA, Mr. WILSON, Ms. ESHOO, Mr. TORRES, Ms.

WATERS, Ms. ROYBAL-ALLARD, Mr. LEHMAN, Mr. OBERSTAR, Mr. KENNEDY, Mr. WHEAT, Mr. YATES, Mr. TOWNS, Mrs. COLLINS of Michigan,

Mr. REED, Mr. HOYER, Mr. ROHRABACHER, Mr. HOCHBRUECKNER, Mr.

RICHARDSON, and Mr. FRANK of Massachusetts) submitted the following

resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Expressing the sense of the House of Representatives concerning systematic rape in the conflict in BosniaHerzegovina.

Whereas credible reports indicate that rape has been used as

a tactic of war by all the combatants in the former Socialist Federal Republic of Yugoslavia, and that rape has
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become a deliberate, widespread, and systematic form of

violence in particular by Serbian soldiers against thousands of Moslem women of all ages in the war in BosniaHerzegovina;

Whereas credible reports also indicate the forced pregnancy

of Moslem women by Serbian soldiers in this conflict;

Whereas women are protected against ‘‘any attack on their

honour, in particular against rape, enforced prostitution,

or any form of indecent assault’’ under Article 27 of the

3rd Geneva Convention, 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, Protocol II Additional to the Geneva Conventions, 1977;

Whereas ‘‘inhumane acts’’ are considered ‘‘crimes against humanity’’ under the London Agreement that established

the guidelines for the Nuremberg Trials, and ‘‘torture or

inhuman treatment’’ and ‘‘willfully causing great suffering or serious injury to body or health’’ are considered

‘‘grave breaches’’ of the 4th Geneva Convention, 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 and by the Council of

Ministers of the European Community in its declaration

of December 11, 1992;

Whereas Secretary of State Lawrence Eagleburger has denounced atrocities in this conflict and has named individ-
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uals that should stand trial in an international court for

‘‘crimes against humanity’’;

Whereas on August 11, 1992, the House of Representatives

approved H. Res. 554, expressing the sense of the House

that crimes against humanity and war crimes in this conflict should be investigated and that perpetrators of such

crimes should be tried in an international tribunal;

Whereas the United Nations Commission of Experts is presently collecting information and evidence for the eventual

establishment of an international tribunal to prosecute

war crimes under international law that are committed in

this conflict;

Whereas in 1944 President Franklin D. Roosevelt publicly

denounced ‘‘acts of savagery’’ committed by the German

forces during World War II and pledged that the perpetrators would be punished; and

Whereas the Allies made it clear in the Moscow declaration

in 1943 that they would seek the prosecution of perpetrators of war crimes committed during World War II: Now,

therefore, be it

1 Resolved, That—

2 (1) rape, whether individual or mass rape, is an

3 unacceptable means of warfare;

4 (2) the House of Representatives strongly con5 demns the systematic and widespread rape of women

6 and girls in Bosnia-Herzegovina;

7 (3) rape and forced pregnancy are ‘‘crimes

8 against humanity’’ under international law, regard9 less of the ethnicity or religion of the victims or the
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1 perpetrators, and should be so recognized in an

2 international tribunal to try perpetrators of crimes

3 against humanity and war crimes;

4 (4) the House of Representatives applauds Sec5 retary of State Eagleburger for denouncing ‘‘crimes

6 against humanity’’ in the conflict in Bosnia7 Herzegovina and for calling for an international

8 crimes tribunal to prosecute such crimes;

9 (5) the House applauds the adoption of United

10 Nations Security Council Resolution 798 and the

11 declaration of December 11, 1992, of the Council of

12 Ministers of the European Community, both of

13 which denounced the systematic rape of Moslem

14 women in this conflict;

15 (6) the President of the United States should

16 publicly condemn systematic rape in this conflict,

17 should vigorously support the establishment by the

18 United Nations of an international tribunal to pros19 ecute crimes against humanity and war crimes, and

20 should state that rape, whether individual or mass

21 rape, and forced pregnancy, as tactics of war, are

22 crimes against humanity and war crimes;

23 (7) all countries participating in humanitarian

24 relief efforts in the former Socialist Federal Repub25 lic of Yugoslavia should allocate resources for the
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1 treatment of rape victims, including the training of

2 relief workers in the medical and psychological ef3 fects of rape; and

4 (8) all parties to the conflict in Bosnia5 Herzegovina should immediately take steps to pro6 tect the rights of women and girls as recognized in

7 the Geneva Conventions, and specifically to protect

8 them from rape, forced pregnancy, and the infliction

9 of other indiginities.

10 SEC. 2. The Clerk of the House of Representatives

11 shall transmit a copy of this resolution to the President

12 of the United States and the Secretary General of the

13 United Nations.

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