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106TH CONGRESS

2D SESSION S. CON. RES. 124

Expressing the sense of the Congress with regard to Iraq’s failure to release

prisoners of war from Kuwait and nine other nations in violation of

international agreements.

IN THE SENATE OF THE UNITED STATES

JUNE 19, 2000

Mr. MURKOWSKI submitted the following concurrent resolution; which was

referred to the Committee on Foreign Relations

CONCURRENT RESOLUTION

Expressing the sense of the Congress with regard to Iraq’s

failure to release prisoners of war from Kuwait and

nine other nations in violation of international agreements.

Whereas in 1990 and 1991, thousands of Kuwaitis were randomly arrested on the streets of Kuwait during the Iraqi

occupation;

Whereas in February 1993, the Government of Kuwait compiled evidence documenting the existence of 605 prisoners

of war and submitted its files to the International Committee of the Red Cross (ICRC), which passed those files

on to Iraq, the United Nations, and the Arab League;
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Whereas numerous testimonials exist from family members

who witnessed the arrest and forcible removal of their

relatives by Iraqi armed forces during the occupation;

Whereas eyewitness reports from released prisoners of war indicate that many of those who are still missing were seen

and contacted in Iraqi prisons;

Whereas official Iraqi documents left behind in Kuwait

chronicle in detail the arrest, imprisonment, and transfer

of significant numbers of Kuwaitis, including those who

are still missing;

Whereas in 1991, the United Nations Security Council overwhelmingly passed Security Council Resolutions 686 and

687 that were part of the broad cease-fire agreement accepted by the Iraqi regime;

Whereas United Nations Security Council Resolution 686

calls upon Iraq to arrange for immediate access to and

release of all prisoners of war under the auspices of the

ICRC and to return the remains of the deceased personnel of the forces of Kuwait and the Member States cooperating with Kuwait;

Whereas United Nations Security Resolution 687 calls upon

Iraq to cooperate with the ICRC in the repatriation of all

Kuwaiti and third-country nationals, to provide the ICRC

with access to the prisoners wherever they are located or

detained, and to facilitate the ICRC search for those unaccounted for;

Whereas the Government of Kuwait, in accordance with

United Nations Security Council Resolution 686, immediately released all Iraqi prisoners of war as required by

the terms of the Geneva Convention;
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Whereas immediately following the cease-fire in March 1991,

Iraq repatriated 5,722 Kuwaiti prisoners of war under

the aegis of the ICRC and freed 500 Kuwaitis held by

rebels in southern Iraq;

Whereas Iraq has hindered and blocked efforts of the Tripartite Commission, the eight-country commission

chaired by the ICRC and responsible for locating and securing the release of the remaining prisoners of war;

Whereas Iraq has denied the ICRC access to Iraqi prisons in

violation of Article 126 of the Third Geneva Convention,

to which Iraq is a signatory; and

Whereas Iraq—under the direction and control of Saddam

Hussein—has failed to locate and secure the return of all

prisoners of war being held in Iraq, including prisoners

from Kuwait and nine other nations: Now, therefore, be

it

1 Resolved by the Senate (the House of Representatives

2 concurring), That—

3 (1) the Congress—

4 (A) acknowledges that there remain 605

5 prisoners of war unaccounted for in Iraq, al6 though Kuwait was liberated from Iraq’s brutal

7 invasion and occupation on February 26, 1991;

8 (B) condemns and denounces the Iraqi

9 Government’s refusal to comply with inter10 national human rights instruments to which it

11 is a party;
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1 (C) urges Iraq immediately to disclose the

2 names and whereabouts of those who are still

3 alive among the Kuwaiti prisoners of war and

4 other nations to bring relief to their families;

5 and

6 (D) insists that Iraq immediately allow hu7 manitarian organizations such as the Inter8 national Committee of the Red Cross to visit

9 the living prisoners and to recover the remains

10 of those who have died while in captivity; and

11 (2) it is the sense of the Congress that the

12 United States Government should—

13 (A) actively and urgently work with the

14 international community and the Government of

15 Kuwait, in accordance with United Nations Se16 curity Council Resolutions 686 and 687, to se17 cure the release of Kuwaiti prisoners of war

18 and other prisoners of war who are still missing

19 nine years after the end of the Gulf War; and

20 (B) exert pressure, as a permanent mem21 ber of the United Nations Security Council, on

22 Iraq to bring this issue to a close, to release all

23 remaining prisoners of the Iraqi occupation of

24 Kuwait, and to rejoin the community of nations
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1 with a humane gesture of good will and de2 cency.

Æ