[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 32 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 32

    Expressing the sense of the House of Representatives concerning 
         systematic rape in the conflict in Bosnia-Herzegovina.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1993

   Mr. Miller of California (for himself, Ms. Pelosi, Mr. Mfume, Mr. 
Dellums, Mrs. Schroeder, Mr. Torricelli, Mrs. Kennelly, Mr. Edwards of 
   California, Ms. Meek, Ms. DeLauro, Mr. Gejdenson, Mr. Waxman, Mr. 
Olver, Mr. Manton, Mr. Reynolds, Mr. Sabo, Mr. Ramstad, Mr. McDermott, 
Mr. Coleman, Mr. de Lugo, Mr. Walsh, Mr. Bonior, Mr. Swett, Mr. Sawyer, 
Mr. Mineta, Mr. Lancaster, Mr. Martinez, Mr. Kyl, Mr. Abercrombie, Mrs. 
 Meyers of Kansas, Mr. Moran, Mr. Levin, Mr. Schumer, Mr. Sanders, Mr. 
    Cooper, Ms. Molinari, Mr. Price, Mrs. Morella, Mr. Matsui, Mr. 
Beilenson, Mr. Bacchus of Florida, Mr. Brown of California, Mr. Stark, 
   Mr. Owens, Mr. Foglietta, Mr. Wilson, Ms. Eshoo, Mr. Torres, Ms. 
 Waters, Ms. Roybal-Allard, Mr. Lehman, Mr. Oberstar, Mr. Kennedy, Mr. 
 Wheat, Mr. Yates, Mr. Towns, Mrs. Collins of Michigan, Mr. Reed, Mr. 
  Hoyer, Mr. Rohrabacher, Mr. Hochbrueckner, Mr. Richardson, and Mr. 
 Frank of Massachusetts) submitted the following resolution; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
    Expressing the sense of the House of Representatives concerning 
         systematic rape in the conflict in Bosnia-Herzegovina.

Whereas credible reports indicate that rape has been used as a tactic of war by 
        all the combatants in the former Socialist Federal Republic of 
        Yugoslavia, and that rape has become a deliberate, widespread, and 
        systematic form of violence in particular by Serbian soldiers against 
        thousands of Moslem women of all ages in the war in Bosnia-Herzegovina;
 Whereas credible reports also indicate the forced pregnancy of Moslem women by 
        Serbian soldiers in this conflict;
Whereas women are protected against ``any attack on their honour, in particular 
        against rape, enforced prostitution, or any form of indecent assault'' 
        under Article 27 of the 3rd Geneva Convention, 1949, and are protected 
        against ``outrages upon personal dignity, in particular humiliating and 
        degrading treatment, rape, enforced prostitution, and any form of 
        indecent assault,'' under Article 4, Protocol II Additional to the 
        Geneva Conventions, 1977;
Whereas ``inhumane acts'' are considered ``crimes against humanity'' under the 
        London Agreement that established the guidelines for the Nuremberg 
        Trials, and ``torture or inhuman treatment'' and ``willfully causing 
        great suffering or serious injury to body or health'' are considered 
        ``grave breaches'' of the 4th Geneva Convention, 1949, under Article 147 
        of that Convention;
Whereas rape is a deplorable and illegal act of violence in the United States 
        and in every country in Europe;
Whereas systematic rape in the conflict in Bosnia-Herzegovina has been denounced 
        under United Nations Security Council Resolution 798 and by the Council 
        of Ministers of the European Community in its declaration of December 
        11, 1992;
Whereas Secretary of State Lawrence Eagleburger has denounced atrocities in this 
        conflict and has named individuals that should stand trial in an 
        international court for ``crimes against humanity'';
Whereas on August 11, 1992, the House of Representatives approved H. Res. 554, 
        expressing the sense of the House that crimes against humanity and war 
        crimes in this conflict should be investigated and that perpetrators of 
        such crimes should be tried in an international tribunal;
Whereas the United Nations Commission of Experts is presently collecting 
        information and evidence for the eventual establishment of an 
        international tribunal to prosecute war crimes under international law 
        that are committed in this conflict;
Whereas in 1944 President Franklin D. Roosevelt publicly denounced ``acts of 
        savagery'' committed by the German forces during World War II and 
        pledged that the perpetrators would be punished; and
Whereas the Allies made it clear in the Moscow declaration in 1943 that they 
        would seek the prosecution of perpetrators of war crimes committed 
        during World War II: Now, therefore, be it
    Resolved, That--
            (1) rape, whether individual or mass rape, is an 
        unacceptable means of warfare;
            (2) the House of Representatives strongly condemns the 
        systematic and widespread rape of women and girls in Bosnia-
        Herzegovina;
            (3) rape and forced pregnancy are ``crimes against 
        humanity'' under international law, regardless of the ethnicity 
        or religion of the victims or the perpetrators, and should be 
        so recognized in an international tribunal to try perpetrators 
        of crimes against humanity and war crimes;
            (4) the House of Representatives applauds Secretary of 
        State Eagleburger for denouncing ``crimes against humanity'' in 
        the conflict in Bosnia-Herzegovina and for calling for an 
        international crimes tribunal to prosecute such crimes;
            (5) the House applauds the adoption of United Nations 
        Security Council Resolution 798 and the declaration of December 
        11, 1992, of the Council of Ministers of the European 
        Community, both of which denounced the systematic rape of 
        Moslem women in this conflict;
            (6) the President of the United States should publicly 
        condemn systematic rape in this conflict, should vigorously 
        support the establishment by the United Nations of an 
        international tribunal to prosecute crimes against humanity and 
        war crimes, and should state that rape, whether individual or 
        mass rape, and forced pregnancy, as tactics of war, are crimes 
        against humanity and war crimes;
            (7) all countries participating in humanitarian relief 
        efforts in the former Socialist Federal Republic of Yugoslavia 
        should allocate resources for the treatment of rape victims, 
        including the training of relief workers in the medical and 
        psychological effects of rape; and
            (8) all parties to the conflict in Bosnia-Herzegovina 
        should immediately take steps to protect the rights of women 
        and girls as recognized in the Geneva Conventions, and 
        specifically to protect them from rape, forced pregnancy, and 
        the infliction of other indiginities.
    Sec. 2. The Clerk of the House of Representatives shall transmit a 
copy of this resolution to the President of the United States and the 
Secretary General of the United Nations.

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