Bill Summary
This resolution condemns President Donald J. Trump's threats to violate international laws of armed conflict in regards to Iran. It specifically focuses on his statements about destroying cultural sites and using disproportionate force. The resolution affirms that efforts to defend US security and interests must consider the potential harm to civilians and cultural heritage. It also emphasizes the importance of respecting international laws and promoting de-escalation rather than threatening acts of war. The resolution calls on the President to avoid needless escalation and refrain from violating international laws.
Possible Impacts
1. The legislation could affect people in Iran by potentially causing harm to civilians and cultural sites, as well as escalating tensions and possibly leading to further conflict.
2. The legislation could also affect people in the United States by calling for de-escalation of tensions and condemning threats of violence from the president.
3. The legislation could affect people around the world by reaffirming the importance of protecting cultural heritage and promoting the use of international legal principles and human rights in foreign relations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 465 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. RES. 465
Condemning threats by President Donald J. Trump to violate the law of
armed conflict with respect to Iran.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 8, 2020
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
_______________________________________________________________________
RESOLUTION
Condemning threats by President Donald J. Trump to violate the law of
armed conflict with respect to Iran.
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
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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