H. CON. RES. 143 - CRIMES AGAINST HUMANITY IN IRAQ

Introduced in the House of Representatives on April 9, 2004 by Mr. Bradley (NH-1).  Referred to the House Committee on International Relations on April 9, 2004.
Cosponsors

Background:

This resolution relates to the prosecution of Saddam Hussein and other Iraqi officials, military leaders, and citizens who may be responsible for crimes against humanity, attempted genocide, and war crimes. It recognizes that the accused should be dealt with by the special court established in Iraq.

Congress recognizes the necessity of ensuring a rapid and orderly transition from conflict to peace and from tyranny to freedom and of establishing and maintaining international peace and security in the country of Iraq and the Persian Gulf. U.S. and British forces, assisted by other allied coalition members, have engaged in military operations against the leadership of Iraq to counter the threat of weapons of mass destruction. The Republic of Iraq is a party to and obligated to t comply with 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 Conventions of 1949. The Armed Forces of the United States and Great Britain have also gathered evidence of clear violations of the laws of war, as well as crimes perpetrated by Saddam Hussein's regime against the Kurdish and Sunni tribes of Iraq. Upon the complete and unconditional surrender of the Iraqi Government, officers and members of the Saddam Hussein regime responsible for or consenting to the atrocities should be subject to prosecution by a special court. Furthermore, suspects of crimes committed against citizens in countries that were victims of Iraqi aggression can participate in the judgment and punishment of those individuals.

Provisions:

The Congress:

• Understands the necessity to pursue justice and national reconciliation in order to achieve stability, peace, and security in the region.

• Believes that a special court, established in Iraq, should adjudicate the cases of those accused of being involved with war crimes and crimes against humanity.

• Calls on other states in the region to support the efforts of a special court in combating impunity and addressing accountability for the atrocities that have been committed in Iraq.

• Considers the International Criminal Court is too limited a forum for dealing with the prosecution of such crimes because that court only has jurisdiction to hear cases relating to crimes committed after July 1, 2002.

• Calls upon the President, in consultation with the Secretaries of Defense and State and the Attorney General, to create a special court or other appropriate tribunal or commission for the purpose of prosecuting Saddam Hussein and other Iraqi officials and individuals who may be responsible for crimes against humanity, including unlawful use of force against civilians, internal minorities, and of crimes committed in contravention of the Geneva Conventions.

• Calls upon the Secretary of Defense and the Secretary of State to notify Congress of the steps taken by the United States and coalition nations to seek justice for the violations of international law against the Iraqi people;

• Recommends that the President consult with, and receive the assistance of, any foreign government or multilateral agreement that he considers necessary to accomplish the purposes of achieving justice for those crimes.

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