[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 32 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. J. RES. 32

Calling for the United States to support efforts of the United Nations 
 to conclude an international agreement to establish an international 
                            criminal court.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 28 (legislative day, January 5), 1993

  Mr. Dodd introduced the following joint resolution; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
Calling for the United States to support efforts of the United Nations 
 to conclude an international agreement to establish an international 
                            criminal court.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONGRESSIONAL FINDINGS.

    Congress finds that--
            (1) the freedom and security of the international community 
        rests on the sanctity of the rule of law;
            (2) the international community is increasingly threatened 
        by unlawful acts such as war crimes, genocide, aggression, 
        terrorism, drug trafficking, money laundering, and other crimes 
        of an international character;
            (3) the prosecution of individuals suspected of carrying 
        out such acts is often impeded by political and legal obstacles 
        such as disputes over extradition, differences in the structure 
        and capabilities of national courts, and the lack of uniform 
        guidelines under which to try such individuals;
            (4) the war crimes trials held in the aftermath of World 
        War II at Nuremberg, Germany, and Tokyo, Japan, demonstrated 
        that fair and effective prosecution of war criminals could be 
        carried out in an international forum;
            (5) since its inception in 1945 the United Nations has 
        sought to build on the precedent established at the Nuremberg 
        and Tokyo trials by establishing a permanent international 
        criminal court with jurisdiction over crimes of an 
        international character;
            (6) United Nations General Assembly Resolution 44/39, 
        adopted on December 4, 1989, called on the International Law 
        Commission to study the feasibility of an international 
        criminal court;
            (7) in the years after passage of that resolution the 
        International Law Commission has made great strides in 
        establishing a framework for such a court, including--
                    (A) the adoption of a draft Code of Crimes Against 
                the Peace and Security of Mankind;
                    (B) the creation of a Working Group on an 
                International Criminal Jurisdiction and the formulation 
                by that Working Group of several concrete proposals for 
                the establishment and operation of an international 
                criminal court; and
                    (C) the determination that an international 
                criminal court along the lines of that suggested by the 
                Working Group is feasible and that the logical next 
                step would be to proceed with the formal drafting of a 
                statute for such a court;
            (8) United Nations General Assembly Resolution 47/33, 
        adopted on November 25, 1992, called on the International Law 
        Commission to begin the process of drafting a statute for an 
        international criminal court at its next session; and
            (9) given the developments of recent years, the time is 
        propitious for the United States to lend its support to this 
        effort.

SEC. 2. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
            (1) the establishment of an international criminal court 
        with jurisdiction over crimes of an international character 
        would greatly strengthen the international rule of law;
            (2) such a court would thereby serve the interests of the 
        United States and the world community; and
            (3) the United States delegation should make every effort 
        to advance this proposal at the United Nations.

SEC. 3. REQUIRED REPORT.

    Not later than October 1, 1993, the President shall submit to 
Congress a detailed report on developments relating to, and United 
States efforts in support of, the establishment of an international 
criminal court with jurisdiction over crimes of an international 
character.

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