Urging continued and increased United States support for the efforts of the nternational Criminal Tribunal for the former Yugoslavia to bring to justice the perpetrators of gross violations of international law in the former Yugoslavia.
Whereas the United Nations, recognizing the need for justice in the former Yugoslavia, established the International Criminal Tribunal for the former Yugoslavia (hereafter in this resolution referred to as the "International Criminal Tribunal");
Whereas United Nations Security Council Resolution 827 of May 25, 1993, requires states to cooperate fully with the International Criminal Tribunal.
Whereas the parties to the General Framjework Agreement for Peace in Bosnia and Herzegovina and associated Annexes (in this resolution referred to as the "Peace Agreement") negotiated in Dayton, Ohio and signed in Paris, France, on December 14, 1995, accepted, in Article IX, the obligation to "cooperate in the investigation and prosecution of war crimes and other violations of international humanitarian law";
Whereas the Constitution of Bosnia and Herzegovina, agreed as Annex 4of the Peace Agreement, provides, in Article IX, that "No person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may stand as a candidate or hold any appointive, elective, or other public office in Bosnia and Herzegovina";
Whereas on July 25, 1995, the International Criminal Tribunal issued an indictment for Radovan Karadzic, president of the Bosnian Serb administration of Pale, and Ratko Mladic, commander of the Bosnian Serb army and charged them with genocide and crimes against humanity, violations of the law or cutoms of war, and grave breaches of the Geneva Convetions of 1949, arising from atrocities perpetrated against civilian population throughout Bosnia-Herzegovina, for the sniping campaign against civilians in Sarajevo, and for the taking of United Nations peacekeepers as hostages and for their use as human shields;
Whereas on November 16, 1995, Karadzic and Mladic were indicted a second time by the International Criminal Tribunal, charged with genocide for the killing of up to 6,000 Muslims in Srebrenica, Bosnia, in July 1995;
Whereas the United Nations Security Council, in adopting Resolution 1022 on November 22, 1995, decided that economic sanctions on the Federal Republic of Yugoslavia (Serbia and Montenegro) and the so-called Republika Srpska would be reimposed if, at any time, the High Representative of the IFOR commander informs the Security Council that the Federal Republic of Yugoslavia of the Bosnian Serb authorities are failing significantly to meet their obligations under the Peace Agreement;
Whereas the so-called Republika Srpska and the Federal Republic of Yugoslavia (Serbia and Montenegro) have failed to arrest and turn over for prosecution indicted war criminals, including Karadzic and Mladic;
Whereas efforts to politically isolate Karadzic and Mladic have failed thus far and would in any case be insufficient to comply with the Peace Agreement and bring peace with justice to Bosnia and Herzegovina;
Whereas in the so-called Republika Srpska freedom of th epress and freedom of assembly are severly limited and violence against ethnic and religious minorities and opposition figures is on the rise;
Whereas national elections in Bosnia and Herzegovina cannot meaningfully take place so long as key war criminals, including Karadzic and Mladic remain at large and able to influence political and military developments;
Whereas on June 6, 1996, the President of the International Criminal tribunal, declaring that the Federal Republic of Yugoslavia's failure to extradite indicted war criminals is a blatant violation of the Peace Agreement and of United Nations Security Council Resolutions, called on the High Representative to reimpose ecenomic sanctions on the so-called Republika Srpska and on the Federal Republic of Yugoslavia (Serbia and Montenegro); and
Whereas the apprehension and prosecution of indicted war criminals is essential for peace and reconcilliation to be achieved and democracy to be established throughout Bosnia and Herzegovina: Now, therefore, be it
Resolved, That (a) the Senate finds that the International Criminal Tribunal for the former Yugoslavia merits continued and increased United States support for its efforts to investigate and bring to justice the perpetrators of gross violations of international law in the former Yugoslavia.
(b)It is the sense of hte Senate that the President of the United States should support the request of hte President of the International Criminal Tribunal for the former Yugoslavia for the High Representative to reimpose full economic sanctions on the Federal Republic of Yugoslavia (Serbia and Montenegro) and the so-called Republika Srpska, in accordance with United Nations Security Council Resolution 1022 (1995), until the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnian Serb authorities have compiled with their obligations under the Peace Agreement and United Nations Security Council Resolutions to cooperate fully with the International Criminal Tribunal.
(c)It is the sense of the Senate that the President should ensure that the NATO-led Implementation Force (IFOR), in caryying out its mandate, makes it an immediate priority to detain and bring to justice persons indicted by the International Criminal Tribunal using all means necessary.
Sec. 2. The Secretary of the State shall transmit a copy of this resolution to the President of the United States.