[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 795 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. RES. 795
Supporting the commitment of the United States to lawfully protect
international cultural sites.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2020
Mr. Engel (for himself and Mr. Ryan) submitted the following
resolution; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
RESOLUTION
Supporting the commitment of the United States to lawfully protect
international cultural sites.
Whereas President Trump threatened to strike locations in Iran that are ``at a
very high level & important to Iran & the Iranian culture'';
Whereas the United States has a proud history of protecting and avoiding
intentional damage to and destruction of sites of historical and
cultural significance, even and especially in times of armed conflict;
Whereas President Abraham Lincoln's Lieber Code of 1863 expresses that cultural
property should be protected in times of armed conflict;
Whereas, during World War II, Supreme Allied Commander Dwight D. Eisenhower
issued an order that military forces are bound to respect historical
monuments so far as war allows;
Whereas, following World War II, the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict (``Hague Convention''),
to which the United States is a party, requires that State Parties
refrain from any act directed by way of reprisals against cultural
property and solidified the principle that cultural property should not
be targeted during conflict except in cases of imperative military
necessity;
Whereas, the most recent Department of Defense Law of War Manual, revised in
2016, specifically prohibits ``acts of hostility . . . directed against
cultural property'' in the absence of imperative military necessity;
Whereas, in 2004, the United Nations International Criminal Tribunal for the
former Yugoslavia convicted those responsible for the intentional
shelling of the Old City of Dubrovnik in Croatia, a World Heritage Site;
Whereas the Protect and Preserve International Cultural Property Act (Public Law
114-151) advanced the protection of cultural property at risk from
conflicts in Syria and elsewhere and established an interagency Cultural
Heritage Coordinating Committee at the U.S. Department of State;
Whereas, in 2017, the United Nations Security Council condemned the unlawful
destruction of cultural property in Resolution 2347, a resolution for
which the United States voted, and affirmed that directing unlawful
attacks against cultural sites and buildings may constitute a war crime;
Whereas section 1279C of the National Defense Authorization Act of 2018 (Public
Law 115-91; 10 U.S.C. 113 note) designated a Coordinator for Cultural
Heritage Protection at the Department of Defense to help ensure the
protection of cultural property, including adherence to the Hague
Convention;
Whereas, on January 7, 2020, when asked about the prospect of targeting cultural
sites in Iran, Secretary of Defense Mark Esper stated that ``we will
follow the law of armed conflict'';
Whereas, on January 7, 2020, Secretary of State Mike Pompeo stated that ``every
target that's being reviewed, every effort that's being made will always
be conducted inside the international laws of war''; and
Whereas, it is the established policy of the United States to protect
international cultural property abroad, including that of religious
communities and ethnic minorities: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) the intentional targeting or destruction of cultural
property in the absence of imperative military necessity is a
violation of the law of armed conflict and runs counter to the
values of the United States;
(2) the United States is committed to following the law of
armed conflict and international agreements to which it is a
party, including the 1954 Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict; and
(3) the President should not order the United States
military or other government agencies or employees to commit
war crimes or other violations of the international law of
armed conflict or threaten to do so.
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