Text: S.253 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 62
102d CONGRESS
1st Session
S. 253
A BILL
To provide for the establishment of appropriate legal forums for the
enforcement of the Geneva Conventions.
April 18 (legislative day, APRIL 9), 1991
Reported with an amendment and an amendment to the title
S 253 RS
Calendar No. 62
102d CONGRESS
1st Session
S. 253
To provide for the establishment of appropriate legal forums for the
enforcement of the Geneva Conventions.
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, JANUARY 3), 1991
Mr. MCCONNELL (for himself and Mr. HEINZ) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
April 18 (legislative day, APRIL 9), 1991
Reported by Mr. PELL, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
A BILL
To provide for the establishment of appropriate legal forums for the
enforcement of the Geneva Conventions.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
 [Struck out->] SECTION 1. SHORT TITLE. []   This Act may be cited as the `Geneva Conventions Enforcement
 Act of 1991'. [] SEC. 2. FINDINGS. []   (a) The Congress recognizes that the United States and Iraq
 are High Contracting Parties to the Geneva Conventions for the Protection
 of War Victims; []   (b) the High Contracting Parties have committed to respect
 and ensure that civilian noncombatants and prisoners of war are humanely
 treated in accordance with the articles of the Conventions; []   (c) the Conventions explicitly hold a Detaining Power
 accountable and responsible for treatment of civilian and military prisoners;
 []   (d) the Conventions prohibit taking of hostages, all violence
 to life and persons, including murder, mutilation, cruel treatment and torture
 and any coercion to obtain information from protected persons. []   (e) the Conventions prevent any High Contracting Party
 from absolving itself from liability incurred in respect to breaches of
 the Conventions; []   (f) Iraq has rejected United Nations resolutions condemning
 violations of the Conventions, the Charter of the United Nations, the Vienna
 Conventions on Diplomatic and Consular Relations and international law;
 and []   (g) no formal legal authority has been designated,
 entrusted or authorized to review any changes arising from violations of
 the Conventions. [] SEC. 3. PURPOSES. []   (a) The President shall direct the appropriate United
 States Government agency to collect and maintain records bearing on the
 treatment by Iraq of civilians and prisoners of war resulting from its'
 illegal invasion of Kuwait on August 2, 1990. []   (b) The President shall consult with the Attorney
 General, the Secretary of State, and the Secretary of Defense to determine
 the appropriate jurisdiction for the prosecution of Geneva Convention
 violations, including Federal and specially appointed courts of the United
 States. []   (c) In the event that prosecution in the courts of the
 United States is deemed inappropriate, the President shall report to the
 Security Council of the United Nations his determination regarding the
 treatment by Iraq of civilians and prisoners of war. []   (d) The President may recommend to the Security Council
 the establishment of an International Criminal Tribunal for the purposes
 of reviewing and prosecuting charges brought by High Contracting Parties
 regarding violations of the Geneva Conventions resulting from Iraq's illegal
 invasion and occupation of Kuwait. []   (e) No later than ninety days after the cessation of
 allied military operations against Iraq, the President shall report on
 Iraqi violations of the Geneva Conventions to the United States Senate
 Foreign Relations Committee and the United States House of Representatives
 Committee on Foreign Affairs. [
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