137
peacekeeping and peacemaking responsibilities that
permanent membership entails;
(8) Japan’s ruling coalition government appears
unwilling to address these issues, even in the face of
a potential crisis on the Korean peninsula which may
well require multilateral military action;
(9) 
the 
German 
High 
Court, 
sitting 
in
Karlsruhe, Germany, ruled, on July 12, 1994, that
the German constitution contains no prohibition
against the overseas deployment of Germany’s armed
forces in multilateral peacekeeping operation.
(b) Now, therefore, be it the sense of the Senate that—
(1) since Germany has addressed the problem of
its participation in multilateral military activities,
the United States should support that nation’s
prompt elevation to permanent Security Council
membership;
(2) Japan be encouraged to discuss thoroughly
and openly its own problems in participating in such
activities, and take whatever steps are necessary to
enable it to fully engage in any form of United Na-
tions peacekeeping or peacemaking operation; and
(3) the United States should actively support Ja-
pan’s effort to gain permanent membership only after
Japan takes such steps.
138
Ω152æPOLICY REGARDING GERMAN PARTICIPATION IN
INTERNATIONAL PEACEKEEPING OPERATIONS
SEC. 597. (a) FINDINGS.—The Congress finds that—
(1) for more than four decades following the Sec-
ond World War, Germany was a divided nation;
(2) notwithstanding the creation of the Federal
Republic of Germany on September 7, 1949, and the
German Democratic Republic on October 7, 1949, the
Four Allied Powers retained rights and responsibil-
ities for Germany as a whole;
(3) the Federal Republic of Germany acceded to
the United Nations Charter without reservation,
‘‘accept[ing] the obligations contained in the Charter
. . . and solemnly undertak[ing] to carry them out’’,
and was admitted as a member of the United Nations
on September 26, 1973;
(4) the Federal Republic of Germany’s admission
to the United Nations did not alter Germany’s divi-
sion nor infringe upon the rights and responsibilities
of the Four Allied Powers for Germany as a whole;
(5) these circumstances created impediments to
the Federal Republic of Germany fulfilling all obliga-
tions undertaken upon its accession to the United Na-
tions Charter;
139
(6) Germany was unified within the Federal Re-
public of Germany on October 3, 1990;
(7) with the entry into force of the Final Settle-
ment With Respect to Germany on March 4, 1991, the
unified Germany assumed its place in the community
of nations as a fully sovereign national state;
(8) German unification and attainment of full
sovereignty and the Federal Republic’s history of
more than four decades of democracy have removed
impediments that have prevented its full participa-
tion in international efforts to maintain or restore
international peace and security;
(9) international peacekeeping, peacemaking,
and peace-enforcing operations are becoming increas-
ingly important for the maintenance and restoration
of international peace and security;
(10) United Nations Secretary General Boutros
Boutros-Ghali has called for the ‘‘full participation of
Germany in peacekeeping, peacemaking, and peace-
enforcing measures’’;
(11) the North Atlantic Council, meeting in min-
isterial session on June 4, 1992, and December 17,
1992, stated the preparedness of the North Atlantic
Alliance to ‘‘support, on a case-by-case basis in ac-
cordance with our own procedures, peacekeeping ac-
140
tivities under the responsibility of the Conference on
Security and Cooperation in Europe’’ and ‘‘peace-
keeping operations under the authority of the United
Nations Security Council’’;
(12) the Federal Republic of Germany partici-
pated in these North Atlantic Council meetings and
fully associated itself with the resulting communiques;
(13) the Western European Union (WEU) Min-
isterial Council, in the Petersberg Declaration adopt-
ed June 19, 1992, declared that ‘‘As the WEU devel-
ops its operational capabilities in accordance with the
Maastricht Declaration, we are prepared to support,
on a case-by-case basis and in accordance with our
own procedures, the effective implementation of con-
flict-prevention and crisis-management measures, in-
cluding peacekeeping activities of the CSCE or the
United Nations Security Council’’;
(14) the Federal Republic of Germany presided
over this Western European Union Ministerial Coun-
cil meeting and fully associated itself with the
Petersberg Declaration;
(15) the Federal Republic of Germany, by virtue
of its political, economic, and military status and po-
tential, will play an important role in determining
141
the success or failure of future international efforts to
maintain or restore international peace and security;
(16) the Federal Constitutional Court of Ger-
many has ruled that the Basic Law of Germany per-
mits the Armed Forces of Germany to participate in
international military operations, including combat
operations, conducted under a system of collective se-
curity, including the United Nations, the North At-
lantic Treaty Organization, and the Western Euro-
pean Union;
(17) Germany is currently engaged in a debate
on the proper role for the German military in the
international community;
(18) one important element in the German de-
bate is the attitude of the international community
toward full German participation in international
peacekeeping, peacemaking, and peace-enforcing oper-
ations;
(19) it is, therefore, appropriate for the United
States, as a member of the international community
and as a permanent member of the United Nations
Security Council, to express its position on the ques-
tion of such German participation; and
(20) distinctions between peacekeeping, peace-
making, and peace-enforcing measures are becoming
142
blurred, making absolute separation of such measures
difficult, if not impossible.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) an appropriate response under current cir-
cumstances to Germany’s past would be for Germany
to participate fully in international efforts to main-
tain or restore international peace and security; and
(2) the President should strongly encourage Ger-
many, in light of its increasing political and eco-
nomic influence, its successful integration into inter-
national institutions, and its commitment to peace
and democratic ideals, to assume full and active par-
ticipation in international peacekeeping, peace-
making, and peace-enforcing operations.
Ω153æUNITED NATIONS OFFICE OF INSPECTOR GENERAL
SEC. 598. The Senate hereby reaffirms that section 401
of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103–236) remains in effect,
including all its terms and conditions relating to the estab-
lishment of an independent office of Inspector General with-
in the United Nations.
Ω154æREGARDING THE EXTRADITION TO THE UNITED
STATES OF MOHAMMAD ISMAIL ABEQUA
SEC. 599. (a) The Senate finds that—