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HR768.html
03 LC 21 7492
House Resolution
768 By: Representatives White of the 3rd,
Post 2, Yates of the 85th, Post 1, Wilkinson of the 41st,
Douglas of the 73rd, Amerson of the 9th, and others
A RESOLUTION
Commending the bravery of the American armed forces and
demanding treatment of American prisoners of war in accordance with the Third
Geneva Convention; and for other purposes.
WHEREAS,
the armed forces of the United States currently at war with Iraq in Operation
Iraqi Freedom have now largely taken control of Baghdad and are continuing
efforts to pacify the country; and
WHEREAS, a
number of American military personnel have been taken prisoner by the Iraqi
military and the possibility of more Americans falling into Iraqi hands is still
very real, while American forces are holding thousands of Iraqi soldiers who
were captured or surrendered; and
WHEREAS, the
Convention Relative to the Treatment of Prisoners of War, signed in Geneva on
August 12, 1949, commonly known as the "Geneva Convention," prescribes
international rules concerning the treatment of prisoners of war, and more than
190 nations, including the United States and Iraq, are parties to that
agreement; and
WHEREAS, Article 12 of the Third
Geneva Convention requires the humane treatment of prisoners of war and provides
that they be protected against acts of violence or intimidation and against
insults and public curiosity; and
WHEREAS, Article
17 of the agreement prohibits the infliction of physical or mental torture or
any other form of coercion upon prisoners of war in order to obtain information
of any kind and protects prisoners who refuse to answer questions from threats,
insults, or exposure to unpleasant or disparate treatment;
and
WHEREAS, Article 23 of the document provides
that a prisoner of war may not at any time be sent to or detained in areas in
which they may be exposed to the fire of the combat zone, nor may a
prisoner´s
presence be used as a shield from military operations;
and
WHEREAS, the convention requires that a
government holding prisoners of war grant representatives of the International
Committee of the Red Cross free access to all prisoners of war;
and
WHEREAS, the government of the United States is
treating captured members of the Iraqi military forces in accordance with the
Third Geneva Convention and is facilitating Red Cross access to these prisoners;
and
WHEREAS, the Iraqi government has splintered
and it is impossible to point to an entity in charge of the armed forces, so
that each Iraqi military commander of any rank of any unit, great or small, must
consider himself a representative of the government and will be held personally
responsible for complying with the Geneva Convention with regard to the
treatment of American prisoners of war.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of
this body commend the bravery and professionalism of the members of the American
armed forces in the prosecution of the war against
Iraq.
BE IT FURTHER RESOLVED that the members of
this body condemn any mistreatment of American prisoners of war and insist that
any Iraqi military personnel who have charge of American prisoners of war treat
them in accordance with the Third Geneva
Convention.
BE IT FURTHER RESOLVED that the Clerk
of the House of Representatives is authorized and directed to transmit an
appropriate copy of this resolution to the public and the press.
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