IV

105TH CONGRESS

2D SESSION H. CON. RES. 304

Expressing the sense of the Congress regarding the culpability of Slobodan

Milosevic for war crimes, crimes against humanity, and genocide in

the former Yugoslavia, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 21, 1998

Mr. SMITH of New Jersey (for himself, Mr. HOYER, Mr. PORTER, Mr. ROHRABACHER, Mr. ENGEL, Mr. OLVER, Mr. KING, and Mr. MCGOVERN) submitted the following concurrent resolution; which was referred to the

Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the culpability of Slobodan Milosevic for war crimes, crimes against

humanity, and genocide in the former Yugoslavia, and

for other purposes.

Whereas there is reason to mark the beginning of the conflict

in the former Yugoslavia with Slobodan Milosevic’s rise

to power beginning in 1987, when he whipped up and exploited extreme nationalism among Serbs, and specifically

in Kosovo, including support for violence against nonSerbs who were labeled as threats;

Whereas there is reason to believe that as President of Serbia, Slobodan Milosevic was responsible for the conception and direction of a war of aggression, the deaths of
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hundreds of thousands, the torture and rape of tens of

thousands and the forced displacement of nearly

3,000,000 people, and that mass rape and forced impregnation were among the tools used to wage this war;

Whereas ‘‘ethnic cleansing’’ has been carried out in the

former Yugoslavia in such a consistent and systematic

way that it had to be directed by the senior political leadership in Serbia, and Slobodan Milosevic has held such

power within Serbia that he is responsible for the conception and direction of this policy;

Whereas, as President of the Federal Republic of Yugoslavia

(Serbia and Montenegro), Slobodan Milosevic is responsible for the conception and direction of assaults by

Yugoslavian and Serbian military, security, special police,

and other forces on innocent civilians in Kosovo which

have so far resulted in an estimated 300 people dead or

missing and the forced displacement of tens of thousands,

and such assaults continue;

Whereas on May 25, 1993, United Nations Security Council

Resolution 827 created the International Criminal Tribunal for the former Yugoslavia located in The Hague, the

Netherlands (hereafter in this resolution referred to as

the ‘‘Tribunal’’), and gave it jurisdiction over all crimes

arising out of the conflict in the former Yugoslavia;

Whereas this Tribunal has publicly indicted 60 people for war

crimes or crimes against humanity arising out of the conflict in the former Yugoslavia and has issued a number

of secret indictments that have only been made public

upon the apprehension of the indicted persons;

Whereas it is incumbent upon the United States and all other

nations to support the Tribunal, and the United States
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has done so by providing, since 1992, funding in the

amount of $54,000,000 in assessed payments and more

than $11,000,000 in voluntary and in-kind contributions

to the Tribunal and the War Crimes Commission which

preceded it, and by supplying information collected by the

United States that can aid the Tribunal’s investigations,

prosecutions, and adjudications;

Whereas any lasting, peaceful solution to the conflict in the

former Yugoslavia must be based upon justice for all, including the most senior officials of the government or

governments responsible for conceiving, organizing, initiating, directing, and sustaining the Yugoslav conflict and

whose forces have committed war crimes, crimes against

humanity and genocide; and

Whereas Slobodan Milosevic has been the single person who

has been in the highest government offices in an aggressor state since before the inception of the conflict in the

former Yugoslavia, who has had the power to decide for

peace and instead decided for war, who has had the

power to minimize illegal actions by subordinates and allies and hold responsible those who committed such actions, but did not, and who is once again directing a campaign of ethnic cleansing against innocent civilians in

Kosovo while treating with contempt international efforts

to achieve a fair and peaceful settlement to the question

of the future status of Kosovo: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) the United States should publicly declare

4 that it considers that there is reason to believe that

5 Slobodan Milosevic, President of the Federal Repub-
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1 lic of Yugoslavia (Serbia and Montenegro), has com2 mitted war crimes, crimes against humanity and

3 genocide;

4 (2) the United States should make collection of

5 information that can be supplied to the Tribunal for

6 use as evidence to support an indictment and trial

7 of President Slobodan Milosevic for war crimes,

8 crimes against humanity, and genocide a high prior9 ity;

10 (3) any such information concerning President

11 Slobodan Milosevic already collected by the United

12 States should be provided to the Tribunal as soon as

13 possible;

14 (4) the United States should provide a fair

15 share of any additional financial or personnel re16 sources that may be required by the Tribunal in

17 order to enable the Tribunal to adequately address

18 preparation for, indictment of, prosecution of, and

19 adjudication of allegations of war crimes and crimes

20 against humanity posed against President Slobodan

21 Milosevic and any other person arising from the con22 flict in the former Yugoslavia, including in Kosovo;

23 (5) the United States should engage with other

24 members of the North Atlantic Treaty Organization

25 and other interested states in a discussion of infor-
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1 mation any such state may hold relating to allega2 tions of war crimes and crimes against humanity

3 posed against President Slobodan Milosevic and any

4 other person arising from the conflict in the former

5 Yugoslavia, including in Kosovo, and press such

6 states to promptly provide all such information to

7 the Tribunal;

8 (6) the United States should engage with other

9 members of the North Atlantic Treaty Organization

10 and other interested states in a discussion of meas11 ures to be taken to apprehend indicted war criminals

12 and persons indicted for crimes against humanity

13 with the objective of concluding a plan of action that

14 will result in these indictees’ prompt delivery into

15 the custody of the Tribunal; and

16 (7) the United States should urge the Tribunal

17 to promptly review all information relating to Presi18 dent Slobodan Milosevic’s possible criminal culpabil19 ity for conceiving, directing, and sustaining a variety

20 of actions in the former Yugoslavia, including

21 Kosovo, that have had the effect of genocide, of

22 other crimes against humanity, or of war crimes,

23 with a view toward prompt issuance of a public in24 dictment of Milosevic.
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1 SEC. 2. The Clerk of the House of Representatives

2 shall transmit a copy of this resolution to the President.

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