III 

113TH CONGRESS 

2D SESSION H. CON. RES. 107 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2014 

Received 

NOVEMBER 18, 2014 

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); 


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HCON 107 RFS 

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 has been using civilian populations as 

human shields by placing their missile batteries in densely populated areas and near 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 


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HCON 107 RFS 

has encouraged Palestinians to gather on the roofs of 

their homes to act as human shields; 

Whereas on July 23, 2014, the 46-Member UN Human 

Rights Council passed a resolution to form a commission 

of inquiry over Israel’s operations in Gaza without a single mention of the indiscriminate rocket attacks by 

Hamas or the use of human shields, with the United 

States being the lone dissenting vote; 

Whereas public reports have cited the role of Iran and Syria 

in providing material support and training to Hamas and 

other terrorist groups carrying out rocket and mortar attacks from Gaza; 

Whereas throughout the summer of 2006 conflict between the 

State of Israel and the terrorist organization Hezbollah, 

Hezbollah forces utilized human shields in violation of 

international humanitarian law; 

Whereas Al-Qaeda, Al-Shabaab, Islamic State of Iraq and the 

Levant (ISIL) and other foreign terrorist organizations 

typically use innocent civilians as human shields; 

Whereas the United States and Israel have cooperated on 

missile defense projects, including Iron Dome, David’s 

Sling, and the Arrow Anti-Missile System, projects designed to thwart a diverse range of threats, including 

short-range missiles and rockets fired by non-state actors, such as Hamas; 

Whereas the United States has provided $235,000,000 in fiscal year 2014 for Iron Dome research, development, and 

production; 

Whereas, during the most recent rocket attacks from Gaza, 

Iron Dome has successfully intercepted dozens of rockets 


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HCON 107 RFS 

that were launched against Israeli population centers; 

and 

Whereas 5 million Israelis are currently living under the 

threat of rocket attacks from Gaza: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) strongly condemns the use of innocent civil4 ians as human shields; 

5 (2) calls on the international community to rec6 ognize and condemn Hamas’ breaches of inter7 national law through the use of human shields; 

8 (3) places responsibility for the rocket attacks 

9 against Israel on Hamas and other terrorist organi10 zations, such as Islamic Jihad; 

11 (4) supports the sovereign right of the Govern12 ment of Israel to defend its territory and its citizens 

13 from Hamas’ rocket attacks, kidnapping attempts 

14 and the use of tunnels and other means to carry out 

15 attacks against Israel; 

16 (5) expresses condolences to the families of the 

17 innocent victims on both sides of the conflict; 

18 (6) supports Palestinian civilians who reject 

19 Hamas and all forms of terrorism and violence, de20 siring to live in peace with their Israeli neighbors; 

21 (7) condemns Hamas’ repeated refusals to ac22 cept a cease-fire with Israel; 


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HCON 107 RFS 

1 (8) supports efforts to permanently demilitarize 

2 the Gaza Strip, removing Hamas’s means to target 

3 Israel, including its use of tunnels, rockets, and 

4 other means; and 

5 (9) condemns the United Nations Human 

6 Rights Council’s biased commission of inquiry into 

7 Israel’s Gaza operations. 

Passed the House of Representatives July 30, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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