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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 107 Reported in Senate (RS)]

                                                       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);
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 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 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;
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
    Resolved by the House of Representatives (the Senate concurring),  
That Congress--
        <DELETED>    (1) strongly condemns the use of innocent 
        civilians as human shields;</DELETED>
        <DELETED>    (2) calls on the international community to 
        recognize and condemn Hamas' breaches of international law 
        through the use of human shields;</DELETED>
        <DELETED>    (3) places responsibility for the rocket attacks 
        against Israel on Hamas and other terrorist organizations, such 
        as Islamic Jihad;</DELETED>
        <DELETED>    (4) supports the sovereign right of the Government 
        of Israel to defend its territory and its citizens from Hamas' 
        rocket attacks, kidnapping attempts and the use of tunnels and 
        other means to carry out attacks against Israel;</DELETED>
        <DELETED>    (5) expresses condolences to the families of the 
        innocent victims on both sides of the conflict;</DELETED>
        <DELETED>    (6) supports Palestinian civilians who reject 
        Hamas and all forms of terrorism and violence, desiring to live 
        in peace with their Israeli neighbors;</DELETED>
        <DELETED>    (7) condemns Hamas' repeated refusals to accept a 
        cease-fire with Israel;</DELETED>
        <DELETED>    (8) supports efforts to permanently demilitarize 
        the Gaza Strip, removing Hamas's means to target Israel, 
        including its use of tunnels, rockets, and other means; 
        and</DELETED>
        <DELETED>    (9) condemns the United Nations Human Rights 
        Council's biased commission of inquiry into Israel's Gaza 
        operations.</DELETED>
    That Congress--
            (1) strongly condemns the use of innocent civilians as 
        human shields;
            (2) calls on the international community to recognize and 
        condemn Hamas' use of human shields;
            (3) places responsibility for the rocket attacks against 
        Israel on Hamas and other terrorist organizations, such as 
        Palestine Islamic Jihad;
            (4) supports the sovereign right of the Government of 
        Israel to defend its territory and its citizens from Hamas' 
        rocket attacks, kidnapping attempts, and the use of tunnels and 
        other means to carry out attacks against Israel;
            (5) expresses condolences to the families of the innocent 
        victims on both sides of the conflict;
            (6) supports Palestinian civilians who reject Hamas and all 
        forms of terrorism and violence, desiring to live in peace with 
        their Israeli neighbors;
            (7) supports efforts to demilitarize the Gaza Strip, 
        removing Hamas's means to target Israel, including its use of 
        tunnels, rockets, and other means; and
            (8) condemns the United Nations Human Rights Council's 
        biased resolution establishing a commission 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.''.

                                                       Calendar No. 616

113th CONGRESS

  2d Session

                            H. CON. RES. 107

_______________________________________________________________________

                         CONCURRENT RESOLUTION

  Denouncing the use of civilians as human shields by Hamas and other 
terrorist organizations in violation of international humanitarian law.

_______________________________________________________________________

                            December 4, 2014

  Reported with an amendment and an amendment to the preamble and an 
                         amendment to the title
```