III

Calendar No. 514

104TH CONGRESS

2D SESSION S. RES. 270

Urging continued and increased United States support for the efforts of

the International Criminal Tribunal for the former Yugoslavia to bring

to justice the perpetrators of gross violations of international law in

the former Yugoslavia.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1996

Mr. LIEBERMAN (for himself, Mr. LUGAR, Mr. BIDEN, Mr. SPECTER, Mrs.

FEINSTEIN, Mr. MOYNIHAN, Mr. HATCH, and Mr. LEVIN) submitted the

following resolution; which was referred to the Committee on Foreign Relations

JULY 24, 1996

Reported by Mr. HELMS, without amendment

RESOLUTION

Urging continued and increased United States support for

the efforts of the International Criminal Tribunal for

the former Yugoslavia to bring to justice the perpetrators

of gross violations of international law in the former

Yugoslavia.

Whereas the United Nations, recognizing the need for justice

in the former Yugoslavia, established the International

Criminal Tribunal for the former Yugoslavia (hereafter in
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SRES 270 RS

this resolution referred to as the ‘‘International Criminal

Tribunal’’);

Whereas United Nations Security Council Resolution 827 of

May 25, 1993, requires states to cooperate fully with the

International Criminal Tribunal;

Whereas the parties to the General Framework Agreement

for Peace in Bosnia and Herzegovina and associated Annexes (in this resolution referred to as the ‘‘Peace Agreement’’) negotiated in Dayton, Ohio and signed in Paris,

France, on December 14, 1995, accepted, in Article IX,

the obligation ‘‘to cooperate in the investigation and prosecution of war crimes and other violations of international humanitarian law’’;

Whereas the Constitution of Bosnia and Herzegovina, agreed

to as Annex 4 of the Peace Agreement, provides, in Article IX, that ‘‘No person who is serving a sentence imposed by the International Tribunal for the former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may stand as a candidate or

hold any appointive, elective, or other public office in

Bosnia and Herzegovina’’;

Whereas the International Criminal Tribunal has issued 57

indictments against individuals from all parties to the

conflicts in the former Yugoslavia;

Whereas the International Criminal Tribunal continues to investigate gross violations of international law in the

former Yugoslavia with a view to further indictments

against the perpetrators;

Whereas on July 25, 1995, the International Criminal Tribunal issued an indictment for Radovan Karadzic, president
3

SRES 270 RS

of the Bosnian Serb administration of Pale, and Ratko

Mladic, commander of the Bosnian Serb administration

and charged them with genocide and crimes against humanity, violations of the law or customs of war, and

grave breaches of the Geneva Conventions of 1949, arising from atrocities perpetrated against the civilian population throughout Bosnia-Herzegovina, for the sniping

campaign against civilians in Sarajevo, and for the taking

of United Nations peacekeepers as hostages and for their

use as human shields;

Whereas on November 16, 1995, Karadzic and Mladic were

indicted a second time by the International Criminal Tribunal, charged with genocide for the killing of up to

6,000 Muslims in Srebrenica, Bosnia, in July 1995;

Whereas the United Nations Security Council, in adopting

Resolution 1022 on November 22, 1995, decided that

economic sanctions on the Federal Republic of Yugoslavia

(Serbia and Montenegro) and the so-called Republika

Srpska would be reimposed if, at any time, the High

Representative or the IFOR commander informs the Security Council that the Federal Republic of Yugoslavia or

the Bosnian Serb authorities are failing significantly to

meet their obligations under the Peace Agreement;

Whereas the so-called Republika Srpska and the Federal Republic of Yugoslavia (Serbia and Montenegro) have failed

to arrest and turn over for prosecution indicted war

criminals, including Karadzic and Mladic;

Whereas efforts to politically isolate Karadzic and Mladic

have failed thus far and would in any case be insufficient

to comply with the Peace Agreement and bring peace

with justice to Bosnia and Herzegovina;
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SRES 270 RS

Whereas in the so-called Republika Srpska freedom of the

press and freedom of assembly are severely limited and

violence against ethnic and religious minorities and opposition figures is on the rise;

Whereas it will be difficult for national elections in Bosnia

and Herzegovina to take place meaningfully so long as

key war criminals, including Karadzic and Mladic, remain

at large and able to influence political and military developments;

Whereas on June 6, 1996, the President of the International

Criminal Tribunal, declaring that the Federal Republic of

Yugoslavia’s failure to extradite indicted war criminals is

a blatant violation of the Peace Agreement and of United

Nations Security Council Resolutions, called on the High

Representative to reimpose economic sanctions on the socalled Republika Srpska and on the Federal Republic of

Yugoslavia (Serbia and Montenegro); and

Whereas the apprehension and prosecution of indicted war

criminals is essential for peace and reconciliation to be

achieved and democracy to be established throughout

Bosnia and Herzegovina: Now, therefore, be it

1 Resolved, That (a) the Senate finds that the Inter2 national Criminal Tribunal for the former Yugoslavia mer3 its continued and increased United States support for its

4 efforts to investigate and bring to justice the perpetrators

5 of gross violations of international law in the former Yugo6 slavia.

7 (b) It is the sense of the Senate that the President

8 of the United States should support the request of the
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SRES 270 RS

1 President of the International Criminal Tribunal for the

2 former Yugoslavia for the High Representative to reim3 pose full economic sanctions on the Federal Republic of

4 Yugoslavia (Serbia and Montenegro) and the so-called

5 Republika Srpska, in accordance with United Nations Se6 curity Council Resolution 1022 (1995), until the Federal

7 Republic of Yugoslavia (Serbia and Montenegro) and

8 Bosnian Serb authorities have complied with their obliga9 tions under the Peace Agreement and United Nations Se10 curity Council Resolutions to cooperate fully with the

11 International Criminal Tribunal.

12 (c) It is further the sense of the Senate that the

13 NATO-led Implementation Force (IFOR), in carrying out

14 its mandate, should make it an urgent priority to detain

15 and bring to justice persons indicted by the International

16 Criminal Tribunal.

17 (d) It is further the sense of the Senate that states

18 in the former Yugoslavia should not be admitted to inter19 national organizations and fora until and unless they have

20 complied with their obligations under the Peace Agree21 ment and United Nations Security Council Resolutions to

22 cooperate fully with the International Criminal Tribunal.

23 SEC. 2. The Secretary of the Senate shall transmit

24 a copy of this resolution to the President of the United

25 States.

Calendar No. 514

104TH CONGRESS

2D SESSION S. RES. 270

RESOLUTION

Urging continued and increased United States supinternational law in the former Yugoslavia. justice the perpetrators of gross violations of Tribunal for the former Yugoslavia to bring to port for the efforts of the International Criminal

JULY 24, 1996

Reported without amendment