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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 41 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. CON. RES. 41

  Denouncing the use of civilians as human shields by Hamas and other 
terrorist organizations in violation of international humanitarian law.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2014

  Mr. Cruz (for himself and Mrs. Gillibrand) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Denouncing the use of civilians as human shields by Hamas and other 
terrorist organizations in violation of international humanitarian law.

Whereas the term ``human shields'' refers to the use of civilians, prisoners of 
        war, or other noncombatants whose mere presence is designed to protect 
        combatants and objects from attack;
Whereas the use of human shields violates international humanitarian law (also 
        referred to as the Law of War or Law of Armed Conflict);
Whereas Additional Protocol I, Article 50(1) to the Geneva Convention defines 
        ``civilian'' as, ``[a]ny person who does not belong to one of the 
        categories of persons referred to in Article 4(A) (1), (2), (3), and (6) 
        of the Third Convention and in Article 43 of this Protocol. In the case 
        of doubt whether a person is a civilian, that person shall be considered 
        a civilian.'';
Whereas Additional Protocol I, Article 51(7) to the Geneva Convention states, 
        ``[T]he presence or movement of the civilian population or individual 
        civilians shall not be used to render certain points or areas immune 
        from military operations, in particular in attempts to shield military 
        objectives from attacks or to shield, favour or impede military 
        operations. The Parties to the conflict shall not direct the movement of 
        the civilian population or individual civilians in order to attempt to 
        shield military objectives from attacks or to shield military 
        operations.'';
Whereas, since June 15, 2014, there have been over 2,000 rockets fired by Hamas 
        and other terrorist organizations from Gaza into Israel;
Whereas Hamas uses civilian populations as human shields by placing its 
        underground tunnel network and missile batteries in densely populated 
        areas, and in and around schools, hospitals, and mosques;
Whereas Israel drops leaflets, makes announcements, places phone calls and sends 
        text messages to the Palestinian people in Gaza warning them in advance 
        that an attack is imminent, and goes to extraordinary lengths to target 
        only terrorist actors;
Whereas Hamas has urged the residents of Gaza to ignore the Israeli warnings and 
        to remain in their houses and has encouraged Palestinians to gather on 
        the roofs of their homes to act as human shields; and
Whereas Hamas, al Qaeda, Hezbollah, Al-Shabaab, Islamic State of Iraq and the 
        Levant (ISIL) and other foreign terrorist organizations typically use 
        innocent civilians as human shields: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) strongly condemns the brutal and illegal tactic by 
        Hamas and other terrorist organizations of using innocent 
        civilians as human shields;
            (2) calls on the international community to recognize the 
        grave breaches of international law committed by Hamas in using 
        human shields;
            (3) places responsibility for launching the rocket attacks 
        on Hamas and other terrorist organizations, such as Islamic 
        Jihad, in Gaza;
            (4) supports the sovereign right of the Government of 
        Israel to defend its territory and stop the rocket attacks on 
        its citizens;
            (5) expresses condolences to the families of the innocent 
        victims on both sides of the conflict;
            (6) supports Palestinian civilians who reject Hamas and all 
        forms of terrorism, desiring to live in peace with their 
        Israeli neighbors; and
            (7) calls on Mahmoud Abbas to condemn the use of innocent 
        civilians as human shields by Hamas and other terrorist 
        organizations.
                                 <all>
```