III 

Calendar No. 616 

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 

DECEMBER 4, 2014 

Reported by Mr. MENENDEZ, with an amendment and an amendment to the 

preamble and an amendment to the title 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

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 RS 

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 RS 

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 RS 

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 

Whereas the use of human shields is unconscionable and morally unacceptable; 

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 uses civilian populations as human shields by 

placing their missile batteries in densely populated areas 

and near schools, hospitals, and mosques; 

Whereas Israel dropped leaflets, made announcements, placed 

phone calls, and sent text messages to the Palestinian people in Gaza warning them in advance that an attack was 

imminent, and went to extraordinary lengths to target 

only terrorist actors and to minimize collateral damage; 

Whereas Hamas urged the residents of Gaza to ignore the 

Israeli warnings and to remain in their houses and 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 that completely fails 

to condemn Hamas for its indiscriminate rocket attacks 

and its unconscionable 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; 


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•HCON 107 RS 

Whereas throughout the summer of 2006 conflict between the 

State of Israel and the terrorist organization Hezbollah, 

Hezbollah forces utilized innocent civilians as human 

shields; 

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 provided $460,000,000 in fiscal 

year 2014 for Iron Dome research, development, and production; 

Whereas, during the most recent rocket attacks from Gaza, Iron 

Dome successfully intercepted dozens of rockets that were 

launched against Israeli population centers; and 

Whereas 5,000,000 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; 


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•HCON 107 RS 

1 (3) places responsibility for the rocket attacks 

2 against Israel on Hamas and other terrorist organi3 zations, such as Islamic Jihad; 

4 (4) supports the sovereign right of the Govern5 ment of Israel to defend its territory and its citizens 

6 from Hamas’ rocket attacks, kidnapping attempts 

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

8 attacks against Israel; 

9 (5) expresses condolences to the families of the 

10 innocent victims on both sides of the conflict; 

11 (6) supports Palestinian civilians who reject 

12 Hamas and all forms of terrorism and violence, de13 siring to live in peace with their Israeli neighbors; 

14 (7) condemns Hamas’ repeated refusals to ac15 cept a cease-fire with Israel; 

16 (8) supports efforts to permanently demilitarize 

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

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

19 other means; and 

20 (9) condemns the United Nations Human 

21 Rights Council’s biased commission of inquiry into 

22 Israel’s Gaza operations. 

23 That Congress— 

24 (1) strongly condemns the use of innocent civil25 ians as human shields; 


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•HCON 107 RS 

1 (2) calls on the international community to rec2 ognize and condemn Hamas’ use of human shields; 

3 (3) places responsibility for the rocket attacks 

4 against Israel on Hamas and other terrorist organi5 zations, such as Palestine Islamic Jihad; 

6 (4) supports the sovereign right of the Govern7 ment of Israel to defend its territory and its citizens 

8 from Hamas’ rocket attacks, kidnapping attempts, 

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

10 attacks against Israel; 

11 (5) expresses condolences to the families of the 

12 innocent victims on both sides of the conflict; 

13 (6) supports Palestinian civilians who reject 

14 Hamas and all forms of terrorism and violence, desir15 ing to live in peace with their Israeli neighbors; 

16 (7) supports efforts to demilitarize the Gaza 

17 Strip, removing Hamas’s means to target Israel, in18 cluding its use of tunnels, rockets, and other means; 

19 and 

20 (8) condemns the United Nations Human Rights 

21 Council’s biased resolution establishing a commission 

22 of inquiry into Israel’s Gaza operations. 

Amend the title so as to read: ‘‘A concurrent resolution denouncing the use of civilians as human shields by 

Hamas and other terrorist organizations.’’. 


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Calendar No. 616 

113TH CONGRESS 

2D SESSION H. CON. RES. 107 

CONCURRENT RESOLUTION 

Denouncing the use of civilians as human shields 

violation of international humanitarian law. by Hamas and other terrorist organizations in 

DECEMBER 4, 2014 

Reported with an amendment and an amendment to the 

preamble and an amendment to the title 


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