Title: Expressing the sense of the House of Representatives that the United States expects the Government of Russia, led by Vladimir Putin, to comply with the Geneva Conventions and their Additional Protocols, also known as the Humanitarian Law of Armed Conflicts.
Policy area: International Affairs

Summary:
This resolution expresses that the House of Representatives

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1188 Introduced in House (IH)]

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117th CONGRESS
  2d Session
H. RES. 1188

 Expressing the sense of the House of Representatives that the United 
  States expects the Government of Russia, led by Vladimir Putin, to 
comply with the Geneva Conventions and their Additional Protocols, also 
           known as the Humanitarian Law of Armed Conflicts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2022

   Mr. Kinzinger (for himself and Mr. Lieu) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the United 
  States expects the Government of Russia, led by Vladimir Putin, to 
comply with the Geneva Conventions and their Additional Protocols, also 
           known as the Humanitarian Law of Armed Conflicts.

Whereas, on February 24, 2022, Russia launched a military assault on Ukraine 
        which has led to the death of thousands and displaced millions of 
        Ukrainians, now refugees;
Whereas, on February 28, 2022, Karim A.A. Khan QC, International Criminal Court 
        Prosecutor, opened an investigation into the situation in Ukraine;
Whereas the Armed Forces of Ukraine are the official military forces of Ukraine, 
        and they are the principal defensive force against any aggression 
        against the sovereign state of Ukraine;
Whereas President of Ukraine Volodymyr Zelensky created the International Legion 
        of Defense of Ukraine, consisting of foreign citizens wishing to join 
        the resistance against the Russian occupants and fight for global 
        security;
Whereas all legitimate members of the International Legion of Defense of Ukraine 
        are recognized as official members of the Armed Forces of Ukraine;
Whereas the Geneva Conventions and Additional Protocols are the core of 
        international humanitarian law, and many rules contained in these 
        treaties are considered customary international law, binding on all 
        states, whether or not they have ratified the treaties;
Whereas the Governments of Ukraine and Russia are parties to the Geneva 
        Conventions and Additional Protocols;
Whereas Article 13 of Part II of the Second Geneva Convention states, 
        ``Prisoners of war must at all times be humanely treated. Any unlawful 
        act or omission by the Detaining Power causing death or seriously 
        endangering the health of a prisoner of war in its custody is 
        prohibited, and will be regarded as a serious breach of the present 
        Convention.'';
Whereas Article 14 of Part II of the Second Geneva Convention states, 
        ``Prisoners of war are entitled in all circumstances to respect for 
        their persons and their honour . . . Prisoners of war shall retain the 
        full civil capacity which they enjoyed at the time of their capture. The 
        Detaining Power may not restrict the exercise, either within or without 
        its own territory, of the rights such capacity confers except in so far 
        as the captivity requires.'';
Whereas Article 15 of Part II of the Second Geneva Convention states, ``The 
        Power detaining prisoners of war shall be bound to provide free of 
        charge for their maintenance and for the medical attention required by 
        their state of health.'';
Whereas Article 16 of Part II of the Second Geneva Convention states, ``Taking 
        into consideration the provisions of the present Convention relating to 
        rank and sex, and subject to any privileged treatment which may be 
        accorded to them by reason of their state of health, age or professional 
        qualifications, all prisoners of war shall be treated alike by the 
        Detaining Power, without any adverse distinction based on race, 
        nationality, religious belief or political opinions, or any other 
        distinction founded on similar criteria.'';
Whereas Article 17 of Part III, Section I of the Second Geneva Convention 
        states, ``No physical or mental torture, nor any other form of coercion, 
        may be inflicted on prisoners of war to secure from them information of 
        any kind whatever. Prisoners of war who refuse to answer may not be 
        threatened, insulted, or exposed to any unpleasant or disadvantageous 
        treatment of any kind. Prisoners of war who, owing to their physical or 
        mental condition, are unable to state their identity, shall be handed 
        over to the medical service. The identity of such prisoners shall be 
        established by all possible means, subject to the provisions of the 
        preceding paragraph.'';
Whereas Article 18 of Part III, Section I of the Second Geneva Convention 
        states, ``All effects and articles of personal use, except arms, horses, 
        military equipment and military documents shall remain in the possession 
        of prisoners of war, likewise their metal helmets and gas masks and like 
        articles issued for personal protection. Effects and articles used for 
        their clothing or feeding shall likewise remain in their possession, 
        even if such effects and articles belong to their regulation military 
        equipment. At no time should prisoners of war be without identity 
        documents. The Detaining Power shall supply such documents to prisoners 
        of war who possess none. Badges of rank and nationality, decorations and 
        articles having above all a personal or sentimental value may not be 
        taken from prisoners of war . . . The Detaining Power may withdraw 
        articles of value from prisoners of war only for reasons of security; 
        when such articles are withdrawn, the procedure laid down for sums of 
        money impounded shall apply.'';
Whereas Article 19 of Part III, Section I of the Second Geneva Convention 
        states, ``Prisoners of war shall be evacuated, as soon as possible after 
        their capture, to camps situated in an area far enough from the combat 
        zone for them to be out of danger. Only those prisoners of war who, 
        owing to wounds or sickness, would run greater risks by being evacuated 
        than by remaining where they are, may be temporarily kept back in a 
        danger zone. Prisoners of war shall not be unnecessarily exposed to 
        danger while awaiting evacuation from a fighting zone.'';
Whereas Article 20 of Part III, Section I of the Second Geneva Convention 
        states, ``The evacuation of prisoners of war shall always be effected 
        humanely and in conditions similar to those for the forces of the 
        Detaining Power in their changes of station. The Detaining Power shall 
        supply prisoners of war who are being evacuated with sufficient food and 
        potable water, and with the necessary clothing and medical attention. 
        The Detaining Power shall take all suitable precautions to ensure their 
        safety during evacuation, and shall establish as soon as possible a list 
        of the prisoners of war who are evacuated. If prisoners of war must, 
        during evacuation, pass through transit camps, their stay in such camps 
        shall be as brief as possible.'';
Whereas Article 22 of Part III, Section II, Chapter I of the Second Geneva 
        Convention states, ``Prisoners of war may be interned only in premises 
        located on land and affording every guarantee of hygiene and 
        healthfulness. Except in particular cases which are justified by the 
        interest of the prisoners themselves, they shall not be interned in 
        penitentiaries. Prisoners of war interned in unhealthy areas, or where 
        the climate is injurious for them, shall be removed as soon as possible 
        to a more favourable climate. The Detaining Power shall assemble 
        prisoners of war in camps or camp compounds according to their 
        nationality, language and customs, provided that such prisoners shall 
        not be separated from prisoners of war belonging to the armed forces 
        with which they were serving at the time of their capture, except with 
        their consent.'';
Whereas Article 23 of Part III, Section II, Chapter I of the Second Geneva 
        Convention states, ``No prisoner of war may at any time be sent to or 
        detained in areas where he may be exposed to the fire of the combat 
        zone, nor may his presence be used to render certain points or areas 
        immune from military operations. Prisoners of war shall have shelters 
        against air bombardment and other hazards of war, to the same extent as 
        the local civilian population. With the exception of those engaged in 
        the protection of their quarters against the aforesaid hazards, they may 
        enter such shelters as soon as possible after the giving of the alarm. 
        Any other protective measure taken in favour of the population shall 
        also apply to them. Detaining Powers shall give the Powers concerned, 
        through the intermediary of the Protecting Powers, all useful 
        information regarding the geographical location of prisoner of war 
        camps.'';
Whereas Article 25 of Part III, Section II, Chapter II of the Second Geneva 
        Convention states, ``Prisoners of war shall be quartered under 
        conditions as favourable as those for the forces of the Detaining Power 
        who are billeted in the same area. The said conditions shall make 
        allowance for the habits and customs of the prisoners and shall in no 
        case be prejudicial to their health. The foregoing provisions shall 
        apply in particular to the dormitories of prisoners of war as regards 
        both total surface and minimum cubic space, and the general 
        installations, bedding and blankets. The premises provided for the use 
        of prisoners of war individually or collectively, shall be entirely 
        protected from dampness and adequately heated and lighted, in particular 
        between dusk and lights out. All precautions must be taken against the 
        danger of fire. In any camps in which women prisoners of war, as well as 
        men, are accommodated, separate dormitories shall be provided for 
        them.'';
Whereas Article 26 of Part III, Section II, Chapter II of the Second Geneva 
        Convention states, ``The basic daily food rations shall be sufficient in 
        quantity, quality and variety to keep prisoners of war in good health 
        and to prevent loss of weight or the development of nutritional 
        deficiencies. Account shall also be taken of the habitual diet of the 
        prisoners. The Detaining Power shall supply prisoners of war who work 
        with such additional rations as are necessary for the labour on which 
        they are employed. Sufficient drinking water shall be supplied to 
        prisoners of war. The use of tobacco shall be permitted. Prisoners of 
        war shall, as far as possible, be associated with the preparation of 
        their meals; they may be employed for that purpose in the kitchens. 
        Furthermore, they shall be given the means of preparing, themselves, the 
        additional food in their possession. Adequate premises shall be provided 
        for messing. Collective disciplinary measures affecting food are 
        prohibited.'';
Whereas Article 27 of Part III, Section II, Chapter II of the Second Geneva 
        Convention states, ``Clothing, underwear and footwear shall be supplied 
        to prisoners of war in sufficient quantities by the Detaining Power, 
        which shall make allowance for the climate of the region where the 
        prisoners are detained. Uniforms of enemy armed forces captured by the 
        Detaining Power should, if suitable for the climate, be made available 
        to clothe prisoners of war. The regular replacement and repair of the 
        above articles shall be assured by the Detaining Power. In addition, 
        prisoners of war who work shall receive appropriate clothing, wherever 
        the nature of the work demands.'';
Whereas Article 29 of Part III, Section II, Chapter III of the Second Geneva 
        Convention states, ``The Detaining Power shall be bound to take all 
        sanitary measures necessary to ensure the cleanliness and healthfulness 
        of camps, and to prevent epidemics. Prisoners of war shall have for 
        their use, day and night, conveniences which conform to the rules of 
        hygiene and are maintained in a constant state of cleanliness. In any 
        camps in which women prisoners of war are accommodated, separate 
        conveniences shall be provided for them. Also, apart from the baths and 
        showers with which the camps shall be furnished, prisoners of war shall 
        be provided with sufficient water and soap for their personal toilet and 
        for washing their personal laundry; the necessary installations, 
        facilities and time shall be granted them for that purpose.'';
Whereas Article 30 of Part III, Section II, Chapter III of the Second Geneva 
        Convention states, ``Every camp shall have an adequate infirmary where 
        prisoners of war may have the attention they require, as well as 
        appropriate diet. Isolation wards shall, if necessary, be set aside for 
        cases of contagious or mental disease. Prisoners of war suffering from 
        serious disease, or whose condition necessitates special treatment, a 
        surgical operation or hospital care, must be admitted to any military or 
        civilian medical unit where such treatment can be given, even if their 
        repatriation is contemplated in the near future. Special facilities 
        shall be afforded for the care to be given to the disabled, in 
        particular to the blind, and for their rehabilitation, pending 
        repatriation. Prisoners of war shall have the attention, preferably, of 
        medical personnel of the Power on which they depend and, if possible, of 
        their nationality. Prisoners of war may not be prevented from presenting 
        themselves to the medical authorities for examination. The detaining 
        authorities shall, upon request, issue to every prisoner who has 
        undergone treatment, an official certificate indicating the nature of 
        his illness or injury, and the duration and kind of treatment received. 
        A duplicate of this certificate shall be forwarded to the Central 
        Prisoners of War Agency. The costs of treatment, including those of any 
        apparatus necessary for the maintenance of prisoners of war in good 
        health, particularly dentures and other artificial appliances, and 
        spectacles, shall be borne by the Detaining Power.'';
Whereas Article 31 of Part III, Section II, Chapter III of the Second Geneva 
        Convention states, ``Medical inspections of prisoners of war shall be 
        held at least once a month. They shall include the checking and the 
        recording of the weight of each prisoner of war. Their purpose shall be, 
        in particular, to supervise the general state of health, nutrition and 
        cleanliness of prisoners and to detect contagious diseases, especially 
        tuberculosis, malaria and venereal disease. For this purpose the most 
        efficient methods available shall be employed, e.g. periodic mass 
        miniature radiography for the early detection of tuberculosis.''; and
Whereas Part III, Section II, Chapters IV, V, VI, and VIII, and additional 
        Sections III, IV, and V of the Second Geneva Convention and their 
        Additional Protocols shall also be abided and are applicable to all 
        prisoners of war under the internment of the Government of Russia: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) demands the Government of Russia to treat all forcibly 
        detained people with dignity and abide by the Geneva 
        Conventions and their Additional Protocols, also known as the 
        Humanitarian Law of Armed Conflicts;
            (2) urges the United States and members of the North 
        Atlantic Treaty Organization to closely monitor the treatment 
        of prisoners of war and ensure appropriate actions are 
        consistently taken to verify their safety and health;
            (3) forcefully condemns the continued use of unlawful and 
        indiscriminate violence against civilian populations by the 
        Government of Russia, its allies, and any other parties to the 
        conflict;
            (4) urges that the global community hold Vladimir Putin, 
        the Government of Russia, and its allies accountable for war 
        crimes committed during the military invasion of Ukraine;
            (5) supports the continued use of sanctions against Russia 
        and its allies until Russia ends its military invasion and 
        unequivocally recognizes Ukraine's internationally recognized 
        borders and political independence; and
            (6) proudly stands in solidarity with the people of Ukraine 
        who are fighting for their freedom and democracy, Slava 
        Ukraini, glory to Ukraine.
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