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[Pages S96-S97]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 465--CONDEMNING THREATS BY PRESIDENT DONALD J. TRUMP
TO VIOLATE THE LAW OF ARMED CONFLICT WITH RESPECT TO IRAN
Mr. MARKEY (for himself, Ms. Duckworth, Mr. Merkley, Ms. Warren, Mr.
Leahy, Mr. Wyden, Mr. Van Hollen, and Ms. Harris) submitted the
following resolution; which was referred to the Committee on Foreign
Relations:
S. Res. 465
Whereas President Donald J. Trump threatened to destroy
sites ``important to. . . the Iranian culture'' and
threatened future retaliation in ``a disproportionate
manner'' on January 4 and January 5, 2020, respectively;
Whereas Article 53 of Protocol I to the Geneva Conventions
prohibits any act of hostility against cultural objects,
including making such objects the target of reprisals;
Whereas destruction of cultural sites violates the 1954
Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict, which the United States ratified
during the administration of President George W. Bush;
Whereas the Department of Defense Law of War Manual states
that ``[c]ultural property, the areas immediately surrounding
it, and appliances in use for its protection should be
safeguarded and respected'';
Whereas the United States Government has condemned the
Taliban, the Islamic State, al Qaeda and its affiliates, and
the Government of the People's Republic of China, among
others, for the destruction of cultural heritage;
Whereas the Trump Administration supported the adoption of
United Nations Security Council Resolution 2347 (2017)
condemning ``the unlawful destruction of cultural heritage,
including the destruction of religious sites and artefacts'';
Whereas, on March 24, 2017, the United States Deputy
Permanent Representative to the United Nations stated, ``The
United States seeks to hold accountable. . . the perpetrators
of deliberate cultural heritage destruction.'';
Whereas the destruction of cultural sites in Iran could
include damage to one or more of the 22 cultural sites in
Iran inscribed on the World Heritage List of the United
Nations Educational, Scientific, and Cultural Organization;
Whereas, on January 6, 2020, Secretary of Defense Mark T.
Esper expressed that the United States would not target
Iranian cultural sites, as the United States ``follow[s] the
laws of armed conflict'';
Whereas military actions conducted ``in a disproportionate
manner'' violate international law, including Protocol I to
the Geneva Conventions, as well as the United States
Department of Defense guidelines whether in reference to the
conduct of armed conflict or the resort to war;
Whereas the Department of Defense Law of War Manual states
that the principle of proportionality in the conduct of war
``generally refers to the obligation to take feasible
precautions in planning and conducting attacks and to refrain
from attacks in which the expected loss of civilian life,
injury to civilians, and damage to civilian objects
incidental to the attack would be excessive.'';
Whereas the Department of Defense Law of War Manual states,
``Proportionality is also a requirement for reprisals, which
must respond in a proportionate manner to the preceding
illegal act by the party against which they are taken'';
Whereas military action that disregards proportionality
would further exacerbate the suffering of the Iranian people,
who have endured--
(1) their own government's systematic and longstanding
human rights violations, restrictions on political freedoms,
and brutal suppression of their democratic aspirations; and
(2) the arbitrary reimposition of United States sanctions
that have negatively affected livelihoods of ordinary
Iranians and restricted economic activity; and
Whereas the destruction of cultural sites and the
disproportionate use of military force are among the actions
that could needlessly escalate the crisis with Iran: Now,
therefore, be it
[[Page S97]]
Resolved, That the Senate--
(1) affirms that efforts to defend United States security
and interests must take into account potential harm to
civilians and other protected persons and objects in foreign
countries, consistent with international legal principles and
our common humanity;
(2) affirms that the destruction of cultural heritage is
morally wrong, is a violation of international law, and that
even threats of such destruction undermine years of public
diplomacy demonstrating that the American people do not seek
conflict with any cultural or religious group;
(3) affirms that no violation of the law of armed conflict
or human rights violation by Iran or its proxies permits or
justifies similar violations by any other state;
(4) urges President Donald J. Trump to use his bully pulpit
to promote de-escalation of tensions with Iran rather than to
threaten acts of war and violations of international law;
(5) strongly condemns the President's threats to destroy
sites important to Iranian culture and to retaliate against
Iran in a disproportionate manner; and
(6) demands that the President avoid needless escalation
with Iran and refrain from violating the law of armed
conflict.
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