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AMENDMENT TO H. J. RES.

OFFERED BY MR. DELAHUNT

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Add at the end the following:

1 SEC. 5. STATEMENT OF POLICY REGARDING INTER

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NATIONAL TRIBUNAL ON IRAQ.

(a) FINDINGS.-Congress finds the following:

(1) For more than two decades Saddam Hussein and other Iraqi officials have committed genocide, war crimes, and crimes against humanity

against the people of Iraq and neighboring countries.

(2) The Iraqi regime used poison gas against the Iranian people during the 1980-1988 Iran-Iraq war as a matter of policy.

(3) The Iraqi regime has severely repressed the Kurdish population in Iraq through the use of chemical weapons, summary executions, the widespread destruction of villages, the placement of more than 10,000,000 landmines in Iraqi Kurdistan, and the forced relocation of hundreds of thousands of ethnic Kurds and Turkomen.

(4) The Iraqi regime has carried out severe repression against Marsh Arabs and Shi'a Arabs in southern Iraq, expelling the population of entire vil

lages, burning houses and fields, demolishing houses

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with bulldozers, draining and poisoning marshes, and summarily executing thousands of civilians, in

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cluding the assassination of Shi'a clerics.

(5) The status and whereabouts of more than

600 Kuwaitis and other individuals who were taken

prisoner during the Persian Gulf War remain un

known and unaccounted for by the Iraqi Government.

(6) Kuwait continues to be plagued by unexploded landmines laid by Iraqi forces, and the destruction of Kuwait by departing Iraqi troops has yet to be redressed by the Iraqi Government.

(7) Saddam Hussein has summarily tortured and killed political opponents and created an environment of terror, fear, and repression within Iraq.

(8) The Republic of Iraq is a signatory to the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the

Convention on the Prevention and Punishment of the Crime of Genocide and other human rights instruments, and the Geneva Convention on the Treat

ment of Prisoners of War of August 12, 1949, and

is obligated to comply with these international agree

ments.

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(9) The United Nations Security Council, with full United States support, has established ad hoc

international criminal tribunals for the former Yugo

slavia and Rwanda, and supported an independent

special court for Sierra Leone to bring to justice in

dividuals responsible for war crimes and crimes against humanity in those countries.

(10) In the Iraq Liberation Act of 1998 (Public Law 105-338) and other legislation, Congress has called for the establishment of an ad hoc international criminal tribunal for the purpose of pros

ecuting Saddam Hussein and other Iraqi officials re

sponsible for genocide, war crimes, and crimes against humanity.

(11) The evidence against the Iraqi regime is

substantial and readily available.

(12) It is uncertain that Saddam Hussein and others in his regime would be subject to the jurisdiction of the International Criminal Court;

(13) An ad hoc international tribunal on Iraq would provide a critical forum for demonstrating the heinous nature of the Iraqi regime and help provide

the moral authority for pursuing other options to di

minish or eliminate the threat posed by Saddam

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Hussein and his associates to Iraq's neighbors and

to the Iraqi people.

(14) The core of American democracy is respect for the rule of law and the protection of funda

mental human rights.

(15) The Congress is committed to ensuring

that Saddam Hussein and his closest accomplices

are held fully accountable for the horrendous atrocities carried out under their direction and supports international efforts to achieve this objective.

(b) STATEMENT OF POLICY.—

(1) IN GENERAL.-Congress

(A) deplores the Iraqi Government's pattern of gross violations of human rights, which has resulted in a pervasive system of repression,

sustained by the widespread use of terror and intimidation;

(B) condemns the Iraqi Government's repeated defiance of United Nations Security Council resolutions calling on Iraq to fully disarm itself of weapons of mass destruction and condemns the use of such weapons against the people of Iraq and neighboring countries;

(C) denounces the refusal of the Iraqi Gov

ernment to comply with international human

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rights instruments to which it is a party and

cooperate with international monitoring bodies and compliance mechanisms, including accounting of Kuwaiti prisoners;

(D) expresses concern that the international community has failed to act to bring

Saddam Hussein and his closest accomplices to justice; and

(E) urges the President and the Secretary of State to

(i) seek the immediate adoption of a United Nations Security Council resolution establishing an ad hoc criminal tribunal for the purpose of immediately investigating and, on or after the date specified in paragraph (2), prosecuting Saddam Hussein and his closest accomplices who are responsible for war crimes and crimes against humanity; and

(ii) take steps to ensure such an ad hoc international tribunal on Iraq is fully operational without delay and provide full support, in concert with our allies and the

United Nations, to assist the tribunal in

fulfilling its mandate.

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