I
105TH CONGRESS
1ST SESSION
H. R. 2121
To restrict foreign assistance for countries providing sanctuary to indicted
war criminals who are sought for prosecution before the International
Criminal Tribunal for the Former Yugoslavia.
IN THE HOUSE OF REPRESENTATIVES
JULY 9, 1997
Mr. CARDIN (for himself, Mr. HOYER, and Ms. PELOSI) introduced the follow-
ing bill; which was referred to the Committee on International Relations,
and in addition to the Committee on Banking and Financial Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To restrict foreign assistance for countries providing sanc-
tuary to indicted war criminals who are sought for pros-
ecution before the International Criminal Tribunal for
the Former Yugoslavia.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘War Crimes Prosecu-
tion Facilitation Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In May 1993, the United Nations estab-
lished the International Criminal Tribunal for the
Former Yugoslavia.
(2) The mandate of the Tribunal is to prosecute
‘‘genocide, crimes against humanity, grave breaches
of the Geneva Conventions, and violations of the
laws and customs of war’’ committed in the territory
of the former Yugoslavia from January 1, 1991,
until ‘‘a date to be determined after restoration of
peace’’.
(3) Parties to the Dayton Agreement, as well as
subsequent agreements, agreed to cooperate fully
with the ‘‘investigation and prosecution of war
crimes and other violations of international humani-
tarian law’’. All members of the international com-
munity are required by the Tribunal Statute to co-
operate in ‘‘the identification and location of per-
sons’’, ‘‘the arrest or detention of persons’’, and
‘‘the surrender or the transfer of the accused’’ to the
Tribunal.
(4) Although 76 persons have been publicly in-
dicted by the Tribunal, 66 remain at large. Of those
publicly indicted, there are 51 Bosnian Serbs, 1 Cro-
atian Serb, 3 Serbian Yugoslav Army officers, 18
Bosnian Croats, and 3 Bosniacs.
(5) Credible reports indicate that some of the
indicted war criminals are living in areas of Bosnia
and Herzegovina that are under the effective control
of Croatia or Serbia-Montenegro. Many of the in-
dicted war criminals have been sighted living openly
and freely in Croatia, the Croat-controlled areas of
the 
Federation 
of 
Bosnia 
and 
Herzegovina,
Republika Srpska, and Serbia-Montenegro.
(6) An estimated 2,000,000 persons have been
forced from their homes by the war, many of whom
remain displaced and unable to return to their
homes, in violation of the Dayton Accords, because
their homes are in a jurisdiction controlled by a dif-
ferent ethnic group.
(7) The fighting in Bosnia has ceased for more
than a year, and international efforts are now fo-
cused on the economic reconstruction and implemen-
tation of the civilian aspects of the Dayton Accords.
(8) The International Bank for Reconstruction
and Development, the European Bank for Recon-
struction and Development, the International Mone-
tary Fund, and individual donor countries, including
the United States, have begun disbursing funds to-
ward meeting an identified goal of $5,100,000,000
for reconstruction of Bosnia.
SEC. 3. SENSE OF THE CONGRESS.
(a) IN GENERAL.—It is the sense of the Congress
that—
(1) reconciliation in Bosnia and Herzegovina
cannot be achieved if indicted war criminals remain
at large and refugees and displaced persons are un-
able to return to their homes;
(2) reconstruction without reconciliation will
not be effective in ensuring stability in the long run
because, absent individual accountability, victimized
communities will assign collective responsibility, thus
perpetuating the cycle of hatred; and
(3) the Government of the United States should
ensure that multilateral and bilateral assistance is
provided to parties to the Dayton Agreement only if
doing so would promote reconciliation as well as re-
construction, including the transfer of war criminals
to the Tribunal, the return of refugees and displaced
persons, and freedom of movement.
(b) ADDITIONAL PROVISION.—It is further the sense
of the Congress that the Tribunal, consistent with its man-
date, should continue to investigate and bring indictments
against persons who have violated international humani-
tarian law.
SEC. 4. RESTRICTIONS ON FUNDING.
(a) BILATERAL ASSISTANCE.—
(1) IN GENERAL.—No assistance may be pro-
vided under the Foreign Assistance Act of 1961 or
the Arms Export Control Act for any country de-
scribed in subsection (d).
(2) APPLICATION TO PRIOR APPROPRIATIONS.—
The prohibition on assistance contained in para-
graph (1) includes the provision of assistance from
funds appropriated prior to the date of enactment of
this Act.
(b) MULTILATERAL ASSISTANCE.—The Secretary of
the Treasury shall instruct the United States executive di-
rectors of the international financial institutions to work
in opposition to, and vote against, any extension by such
institutions of any financial or technical assistance or
grants of any kind to any country described in subsection
(d).
(c) EXCEPTIONS.—
(1) IN GENERAL.—Subject to paragraph (2),
subsections (a) and (b) shall not apply to the provi-
sion of—
(A) humanitarian assistance;
(B) democratization assistance; or
(C) assistance for physical infrastructure
projects involving activities in both a sanctioned
country and nonsanctioned contiguous coun-
tries, if the nonsanctioned countries are the pri-
mary beneficiaries.
(2) FURTHER
LIMITATIONS.—Notwithstanding
paragraph (1)—
(A) no assistance may be made available
under the Foreign Assistance Act of 1961 or
the Arms Export Control Act for a program,
project, or activity in any country described in
subsection (d) in which an indicted war criminal
has any financial or material interest or
through any organization with which the in-
dicted individual is affiliated; and
(B) no assistance (other than emergency
food or medical assistance or demining assist-
ance) may be made available under the Foreign
Assistance Act of 1961 or the Arms Export
Control Act to any program, project, or activity
in any area in any country described in sub-
section (d) in which local authorities are not
complying with the provisions of Article IX and
Annex 4, Article II of the Dayton Agreement
relating to war crimes and the Tribunal, or
with the provisions of Annex 7 of the Dayton
Agreement relating to the right of refugees and
displaced persons to return to their homes of
origin.
(d) SANCTIONED COUNTRIES.—A country described
in this section is a country the authorities of which fail
to apprehend and transfer to the Tribunal all persons who
have been indicted by the Tribunal and are in a territory
that is under the effective control of those authorities.
(e) WAIVER.—
(1) AUTHORITY.—The President may waive the
application of subsection (a) or subsection (b) with
respect to a country if the President determines and
certifies to the appropriate committees of Congress
within six months after the date of enactment of this
Act that a majority of the indicted persons who are
within a territory that is under the effective control
of the country have been arrested and transferred to
the Tribunal.
(2) PERIOD OF EFFECTIVENESS.—Any waiver
made pursuant to this subsection shall be effective
for a period of six months.
(f) TERMINATION
OF SANCTIONS.—The sanctions
imposed pursuant to subsection (a) or subsection (b) with
respect to a country shall cease to apply only if the Presi-
dent determines and certifies to Congress that the authori-
ties of that country have apprehended and transferred to
the Tribunal all persons who have been indicted by the
Tribunal and are in a territory that is under the effective
control of those authorities.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) COUNTRY.—The term ‘‘country’’ shall not
include the state of Bosnia and Herzegovina, and
the provisions of this Act shall be applied separately
to its constituent entities of Republika Srpska and
the Federation of Bosnia and Herzegovina.
(2) DAYTON AGREEMENT.—The term ‘‘Dayton
Agreement’’ means the General Framework Agree-
ment for Peace in Bosnia and Herzegovina, together
with annexes relating thereto, done at Dayton, No-
vember 10 through 16, 1995.
(3) DEMOCRATIZATION ASSISTANCE.—The term
‘‘democratization assistance’’ includes electoral as-
sistance and assistance used in establishing the in-
stitutions of a democratic and civil society.
(4) HUMANITARIAN
ASSISTANCE.—The term
‘‘humanitarian assistance’’ includes disaster and
food assistance and assistance for demining, refu-
gees, housing, education, health care, and other so-
cial services.
(5) TRIBUNAL.—The term ‘‘Tribunal’’ means
the International Criminal Tribunal for the Former
Yugoslavia.
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