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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 33 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. CON. RES. 33

   Expressing the sense of Congress regarding the need for vigorous 
prosecution of war crimes, genocide, and crimes against humanity in the 
                     former Republic of Yugoslavia.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 1999

  Ms. Landrieu (for herself and Mr. Specter) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   Expressing the sense of Congress regarding the need for vigorous 
prosecution of war crimes, genocide, and crimes against humanity in the 
                     former Republic of Yugoslavia.

Whereas the United Nations Security Council created the International Criminal 
        Tribunal for the former Yugoslavia (in this concurrent resolution 
        referred to as the ``ICTY'') by resolution on May 25, 1993;
Whereas, although the ICTY has indicted 84 people since its creation, these 
        indictments have only resulted in the trial and conviction of 8 
        criminals;
Whereas the ICTY has jurisdiction to investigate: grave breaches of the 1949 
        Geneva Conventions (Article 2), violations of the laws or customs of war 
        (Article 3), genocide (Article 4), and crimes against humanity (Article 
        5);
Whereas the Chief Prosecutor of the ICTY, Justice Louise Arbour, stated on July 
        7, 1998, to the Contact Group for the former Yugoslavia that ``[t]he 
        Prosecutor believes that the nature and scale of the fighting indicate 
        that an `armed conflict', within the meaning of international law, 
        exists in Kosovo. As a consequence, she intends to bring charges for 
        crimes against humanity or war crimes, if evidence of such crimes is 
        established'';
Whereas reports from Kosovar Alabanian refugees provide detailed accounts of 
        systematic efforts to displace the entire Muslim population of Kosovo;
Whereas in furtherance of this plan, Serbian troops, police, and paramilitary 
        forces have engaged in detention and summary execution of men of all 
        ages, wanton destruction of civilian housing, forcible expulsions, mass 
        executions in at least 60 villages and towns, as well as widespread 
        organized rape of women and young girls;
Whereas these reports of atrocities provide prima facie evidence of war crimes, 
        crimes against humanity, as well as genocide;
Whereas any criminal investigation is best served by the depositions and 
        interviews of witnesses as soon after the commission of the crime as 
        possible;
Whereas the indictment, arrest, and trial of war criminals would provide a 
        significant deterrent to further atrocities;
Whereas the ICTY has issued 14 international warrants for war crimes suspects 
        that have yet to be served, despite knowledge of the suspects' 
        whereabouts;
Whereas vigorous prosecution of war crimes after the conflict in Bosnia may have 
        prevented the ongoing atrocities in Kosovo; and
Whereas investigative reporters have identified specific documentary evidence 
        implicating the Serbian leadership in the commission of war crimes: Now, 
        therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) the United States, in coordination with other United 
        Nations contributors, should provide sufficient resources for 
        an expeditious and thorough investigation of allegations of the 
        atrocities and war crimes committed in Kosovo;
            (2) the United States, through its intelligence services, 
        should provide all possible cooperation in the gathering of 
        evidence of sufficient specificity and credibility to secure 
        the indictment of those responsible for the commission of war 
        crimes, crimes against humanity, and genocide in the former 
        Yugoslavia;
            (3) where evidence warrants, indictments for war crimes, 
        crimes against humanity, and genocide should be issued against 
        suspects regardless of their position within the Serbian 
        leadership;
            (4) the United States and all nations have an obligation to 
        honor arrest warrants issued by the ICTY, and the United States 
        should use all appropriate means to apprehend war criminals 
        already under indictment; and
            (5) NATO should not accept any diplomatic resolution to the 
        conflict in Kosovo that would bar the indictment, apprehension, 
        or prosecution of war criminals for crimes committed during 
        operations in Kosovo.
                                 <all>
```