H4068 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Mr. ACKERMAN. If the gentleman attacks. terrorists used Lebanese resulted in the killing of eight brave will yield back the balance of his time, as , sacrificing the Israeli soldiers and the kidnapping of we are prepared to do so as well. innocent in an effort to protect themselves two others, Ehud Goldwasser and Eldad Mr. BOOZMAN. Madam Speaker, I from Israeli response . . .’’; Regev. Whereas Jan Egeland, Un- yield back the balance of my time. dersecretary-General for Humanitarian Af- The suffering of the Lebanese people Mr. ACKERMAN. I yield back the fairs and Emergency Relief Coordinator, ac- was immense as thousands fled their balance of our time. cused Hezbollah of ‘‘cowardly blending . . . homes in the subsequent fighting. The SPEAKER pro tempore. The among women and children’’; Many homes were damaged or de- question is on the motion offered by Whereas for states parties to Additional stroyed, and lives were lost. the gentleman from New York (Mr. , such as , Article 50(1) to The key reason that areas ACKERMAN) that the House suspend the the Geneva Convention defines civilian as, were destroyed was the cynical strat- rules and pass the bill, H.R. 1678. ‘‘[a]ny person who does not belong to one of egy of Hezbollah guerrillas to stage the categories of persons referred to in Arti- their attacks from the middle of towns The question was taken. cle 4(A)(1), (2), (3), and (6) of the Third Con- The SPEAKER pro tempore. In the vention and in Article 43 of this Protocol. In and residential areas. opinion of the Chair, two-thirds being the case of doubt whether a person is a civil- The use of civilians as human shields in the affirmative, the ayes have it. ian, that person shall be considered a civil- is reprehensible and is in direct viola- Mr. ACKERMAN. Madam Speaker, on ian.’’; tion of all the laws of warfare. Indeed, that I demand the yeas and nays. Whereas for states parties to Additional the Rome Statute of the International The yeas and nays were ordered. Protocol I, such as Lebanon, Article 51(7) to Criminal Court provides that such con- The SPEAKER pro tempore. Pursu- the Geneva Convention states, ‘‘[T]he pres- duct is a serious violation of the laws ence or movement of the civilian population of war and should be prosecuted. ant to clause 8 of rule XX and the or individual civilians shall not be used to Chair’s prior announcement, further render certain points or areas immune from This resolution properly condemns proceedings on this question will be military operations, in particular in at- the use of human shields and, in par- postponed. tempts to shield military objectives from at- ticular, the conduct of Hezbollah in tacks or to shield, favour or impede military this bloody conflict. Let us make no f operations. The Parties to the conflict shall mistake. The loss of civilian life in EXPRESSING DEEP CONCERN OVER not direct the movement of the civilian pop- Lebanon was due solely to Hezbollah’s THE USE OF CIVILIANS AS ulation or individual civilians in order to at- cruel and uncivilized use of civilian HUMAN SHIELDS tempt to shield military objectives from at- areas as military bases. Meanwhile, tacks or to shield military operations.’’; and Mr. ACKERMAN. Madam Speaker, I Whereas Convention IV, Article 28, Rel- Hezbollah used rocket fire to murder move to suspend the rules and agree to ative to the Protection of Civilian Persons in Israeli civilians indiscriminately and the resolution (H. Res. 125) expressing Time of War of the Geneva Convention to destroy Israeli civilian areas that deep concern over the use of civilians states, ‘‘The presence of a protected person were of no military value whatsoever. as ‘‘human shields’’ in violation of may not be used to render certain points or This resolution calls on all respon- international humanitarian law and areas immune from military operations.’’: sible nations to condemn such heinous Now, therefore, be it the during armed conflict, acts and to work to eliminate them. No Resolved, That the House of Representa- nation that calls itself a member of the including Hezbollah’s tactic of embed- tives— ding its forces among civilians to use (1) strongly condemns the use of innocent international community can engage them as human shields during the sum- civilians as human shields, including in such barbaric practices. In conflicts mer of 2006 conflict between Hezbollah Hezbollah’s use of this brutal and illegal tac- all over the globe, human shields have and the State of Israel, as amended. tic during the summer of 2006 conflict with been used for various purposes. None of The Clerk read the title of the resolu- Israel; them are acceptable. (2) calls on responsible nations to condemn Let us urge the President and our tion. the use of civilians as human shields as a The text of the resolution is as fol- friends and allies to join us and do violation of international humanitarian law; their utmost to stop the use of human lows: and shields once and for all. H. RES. 125 (3) calls on responsible nations and experts in the area of international humanitarian Madam Speaker, I urge all of our col- Whereas the term ‘‘human shields’’ refers leagues to support the resolution. to the use of civilians, prisoners of war, or law to focus particular attention on the use other noncombatants whose mere presence is of human shields in violation of inter- Madam Speaker, I reserve the bal- designed to protect combatants and objects national humanitarian law and make further ance of my time. from attack; recommendations on the prevention of such Mr. BOOZMAN. Madam Speaker, I Whereas the use of human shields violates violation in the future. yield myself such time as I may con- international humanitarian law (also re- The SPEAKER pro tempore. Pursu- sume. ferred to as the Law of War or Law of Armed ant to the rule, the gentleman from During last summer’s war between Conflict); New York (Mr. ACKERMAN) and the gen- Israel and Lebanon, which was initi- Whereas throughout the summer of 2006 tleman from Arkansas (Mr. BOOZMAN) ated by Hezbollah jihadist militants conflict with the State of Israel, Hezbollah each will control 20 minutes. breaching Israel’s border and killing forces utilized human shields to protect themselves from counterattacks by Israeli The Chair recognizes the gentleman and kidnapping Israeli soldiers, forces; from New York. Hezbollah extremists used Lebanese ci- Whereas the majority of GENERAL LEAVE vilians as human shields to protect of that conflict might have been avoided and Mr. ACKERMAN. Madam Speaker, I themselves from counterattacks by civilian lives saved had Hezbollah not em- ask unanimous consent that all Mem- Israeli forces. ployed this tactic; bers may have 5 legislative days to re- Hezbollah jihadists embedded their Whereas the news media made constant vise and extend their remarks and in- forces among innocent civilians in vio- mention of civilian casualties but rarely clude extraneous materials on the reso- lation of international law. pointed to the culpability, under inter- According to Secretary of State national law, of Hezbollah for their lution under consideration. endangerment of such civilians; The SPEAKER pro tempore. Is there Condoleezza Rice, ‘‘Hezbollah and its Whereas United States and international objection to the request of the gen- sponsors have brought devastation leaders attempted to call the use of human tleman from New York? upon the people of Lebanon, dragging shields to the world’s attention; There was no objection. them into a war that they did not Whereas on August 11, 2006, Secretary of Mr. ACKERMAN. Madam Speaker, I choose, and exploiting them as human State Condoleezza Rice stated, ‘‘Hezbollah rise in strong support of this resolution shields.’’ and its sponsors have brought devastation and yield myself such time as I might To express deep concern over the use upon the people of Lebanon, dragging them of civilians by Hezbollah and to con- into a war that they did not choose, and ex- consume. ploiting them as human shields . . .’’; Last year, we witnessed a tragic con- demn these actions, my distinguished Whereas on August 14, 2006, President flict in Lebanon, instigated by colleagues, Congressman RON KLEIN George W. Bush stated, ‘‘Hezbollah terrorists Hezbollah’s unprovoked cross-border and Congresswoman ILEANA ROS- targeted Israeli civilians with daily rocket raid into Israel. This Hezbollah action LEHTINEN, introduced this bill.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.023 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4069 Among other things in the bill, it (2) urges such multi-party negotiations to knowledged firing thousands of American strongly condemns the use of innocent begin as soon as possible, including delega- cluster munitions into southern Lebanon but civilians as human shields, including tions from the governments of Israel, the denied violating agreements that prohibit Hezbollah’s use of this savage and ille- Palestinian Authority, Lebanon, , Syria, their use in civilian areas, the officials said. Jordan, and Egypt; and The cluster munitions included artillery gal tactic during last summer’s war be- (3) supports an international peacekeeping shells, rockets and bombs dropped from air- tween Israel and Lebanon; calls on the mission to southern Lebanon to prevent craft, many of which had been sold to Israel international community to recognize cross-border skirmishes during such multi- years ago, one official said. and condemn these violations of inter- party negotiations. Before firing at rocket sites in towns and national law; and calls on responsible villages, the Israeli report said, the Israeli nations and experts in the area of [From , Jan. 28, 2007] military dropped leaflets warning civilians of the attacks. The report, which has not international humanitarian law to pay ISRAEL MAY HAVE VIOLATED ARMS PACT, U.S. SAYS previously been disclosed, also noted that special attention on the use of human (By David S. Cloud and Greg Myre) many of the villages were deserted because shields in violation of international hu- civilians had fled the fighting, the officials WASHINGTON, Jan. 27.—The Bush adminis- manitarian law and make further rec- said. tration will inform Congress on Monday that ommendations on the prevention of David Siegel, a spokesman for the Israeli Israel may have violated agreements with Embassy in Washington, said Israel ‘‘pro- such violation in the future. the United States when it fired American- I urge my colleagues to support this vided a detailed response to the administra- supplied cluster munitions into southern tion’s request for information’’ on its use of very important legislation. Lebanon during its fight with Hezbollah last cluster munitions ‘‘to halt Hezbollah’s Madam Speaker, I reserve the bal- summer, the State Department said Satur- unprovoked rockets attacks against our ci- ance of my time. day. vilian populations centers.’’ Mr. ACKERMAN. Madam Speaker, I The finding, though preliminary, has He added, ‘‘Israel suffered heavy casualties yield 5 minutes to the distinguished prompted a contentious debate within the in these attacks and acted as any govern- administration over whether the United gentleman from Ohio (Mr. KUCINICH), ment would in exercise of its right to self-de- States should penalize Israel for its use of fense.’’ the chairman of the Oversight and Gov- cluster munitions against towns and villages ernment Reform Subcommittee on Do- John Hillen, who was assistant secretary of where Hezbollah had placed its rocket state in charge of the bureau until he re- mestic Policy. launchers. signed this month, told Bloomberg News in Mr. KUCINICH. Madam Speaker, I Cluster munitions are anti-personnel weap- December that Israel had provided ‘‘great co- want to thank my good friend Mr. ACK- ons that scatter tiny but deadly bomblets operation’’ in the investigation. ‘‘From their ERMAN for the opportunity to address over a wide area. The grenadelike munitions, perspective, use of the munitions was clearly the Congress on this issue. tens of thousands of which have been found done within the agreements,’’ he said. As some of my colleagues are aware, in southern Lebanon, have caused 30 deaths Another administration official said the on July 19, 2006, I introduced legisla- and 180 injuries among civilians since the investigation had caused ‘‘head-butting’’ in- end of the war, according to the United Na- tion to this Congress calling on the volving the Bureau of Political-Military Af- tions Mine Action Service. fairs and the Bureau of Near Eastern Affairs President to appeal to all sides in the Midlevel officials at the Pentagon and the at the State Department, as well as Pen- crisis in the Middle East for an imme- State Department have argued that Israel tagon arms sales officials. Some officials diate cessation of violence and to com- violated American prohibitions on using ‘‘are trying to find a way to not have to call mit the United States diplomats to cluster munitions against populated areas, this a substantial violation,’’ the official multiparty negotiations with no pre- according to officials who described the de- said. conditions. This resolution specifically liberations. But other officials in both de- In particular, the State Department has partments contend that Israel’s use of the related to the events that brought vio- asked Israel for additional information on was for self-defense and aimed at reports that commanders and troops violated lence to Lebanon and to Israel as well. stopping the Hezbollah attacks that claimed orders that restricted how cluster bombs I want to say from the start that I the lives of about 40 Israeli soldiers and civil- could be used, an official said. In November, took that position because I believe ians and at worst was only a technical viola- Lt. Gen. Dan Halutz, the chief of staff of the that Israel has a right to survive and tion. Israeli military until his resignation on Jan. Israel is entitled to its security and so, Any sanctions against Israel would be an 17, ordered an investigation into whether re- too, the people of Lebanon have a right extraordinary move by the Bush administra- strictions on use of the weapons were ig- to survive and were entitled to their tion, a strong backer of Israel, and several nored by some units. officials said they expected little further ac- security. That investigation is still under way, and tion, if any, on the matter. military officials have refused to divulge any I think that it is regrettable that our But sanctions against Israel for misusing details in public. government did not become imme- the weapons would not be unprecedented. Israel’s Channel 2 television reported in diately involved in diplomatic rela- The Reagan administration imposed a six- December that the military’s judge advocate tions so that we could have been able year ban on cluster- sales to Israel in general was gathering evidence for possible to forestall the disaster that was vis- 1982, after a Congressional investigation criminal charges against military officers ited upon south Lebanon where tens of found that Israel had used the weapons in ci- who might have ordered cluster bombs fired thousands of structures were leveled. vilian areas during its 1982 invasion of Leb- into populated areas. I am not speaking about this theo- anon. One option under discussion is to bar Israel has told the State Department that additional sales of cluster munitions for it originally tried targeted strikes against retically, Madam Speaker, because my some period, an official said. Hezbollah rocket sites, but those proved inef- wife and I went to south Lebanon and The State Department is required to notify fective. surveyed the damage, and it was utter Congress even of preliminary findings of pos- Heavy use of cluster bombs was tried in- destruction. sible violations of the Arms Export Control stead, to kill or maim Hezbollah fighters I would refer my colleagues to Am- Act, the statute governing arms sales. It manning the launchers. Israeli commanders nesty International’s report regarding began an investigation in August. employed cluster weapons because they sus- the destruction in south Lebanon. Sean McCormack, the State Department pected that they would flee after firing their I also would like to put into the spokesman, said that the notification to rockets. Even those attacks failed to stop Congress would occur Monday but that a the rockets barrages. RECORD a copy of H. Con. Res. 450 final determination about whether Israel The agreements that govern Israel’s use of which called on the President to appeal violated the agreements on use of cluster American cluster munitions go back to the to all sides in the crisis. bombs was still being debated. 1970s. But the details, which have been re- H. CON. RES. 450 ‘‘It is important to remember the kind of vised several times, are classified. Resolved by the House of Representatives (the war Hezbollah waged,’’ he said. ‘‘They used However, officials said that the agreements Senate concurring), That Congress— innocent civilians as a way to shield their specified that cluster weapons could not be (1) calls upon the President to— fighters.’’ used in populated areas, in part because of (A) appeal to all sides in the current crisis Even if Israel is found to be in violation, the risk to civilians after a conflict is over if in the Middle East for an immediate ces- the statute gives President Bush discretion the bomblets fail to self-destruct, as they are sation of violence; about whether to impose sanctions, unless designed to do. (B) commit United States diplomats to Congress decides to take legislative action. The agreements said the munitions be used multi-party negotiations with no pre- Israel makes its own cluster munitions, so a only against organized armies and clearly conditions; and cutoff of American supplies would have defined military targets under conditions (C) send a high–1evel diplomatic mission to mainly symbolic significance. similar to the Arab-Israeli wars of 1967 and the region to facilitate such multi-party ne- Israel gave the State Department a dozen- 1973, when Israel arguably faced threats to gotiations; page report late last year in which it ac- its survival, officials said.

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.024 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4070 CONGRESSIONAL RECORD — HOUSE April 25, 2007 Since the end oflast summer’s war, de-min- The M483A1 artillery shells deliver 88 clus- June 2006. Cluster munitions are increas- ing team have located 800 cluster-bomb ter submunitions per shell, and have an un- ingly the focus of discussion at the meetings strike areas, and they destroyed 95,000 acceptably high failure rate (dud rate) of 14 of the Convention on Conventional Weapons, bomblets, said Christopher Clark, program percent, leaving behind a serious unexploded with ever more states calling for a new inter- manager for the United Nations Mine Action ordnance problem that will further endanger national instrument dealing with cluster Service in Lebanon. ‘‘We found them pretty civilians. The commander said that the IOF’s munitions. much everywhere—in villages, at road junc- operations manual warns soldiers that the tions, in olive groves and on banana planta- use of such cluster munitions creates dan- [From the New York Times, Aug. 25, 2006] tions,’’ Mr. Clark said. gerous minefields due to the high dud rate. INQUIRY OPENED INTO ISRAELI USE OF U.S. The casualty rate has come down sharply, Lebanese security forces, who to date have BOMBS he said. Right after the war, there were more not engaged in the fighting between Israel (By David S. Cloud) than 40 casualties a week; now it is about 3 and Hezbollah, also accused Israel of using or 4 a week. cluster munitions in its attacks on Blida and WASHINGTON, Aug. 24.—The State Depart- Donatella Rovera, a researcher with Am- other Lebanese border villages. These ment is investigating whether Israel’s use of nesty International in London, said older sources also indicated they have evidence American-made cluster bombs in southern American cluster weapons used by Israel that Israel used cluster munitions earlier Lebanon violated secret agreements with the during the war did not reliably self-destruct, this year during fighting with Hezbollah United States that restrict when it can em- compared with Israel’s own cluster muni- around the contested Shebaa Farms area. ploy such weapons, two officials said. tions, which are newer and are said to have Watch is continuing to inves- The investigation by the department’s Of- a much lower dud rate. tigate these additional allegations. fice of Defense Trade Controls began this ‘‘We’ve asked them to release detailed believes that the use week, after reports that three types of Amer- maps on where the cluster bombs were of cluster munitions in populated areas may ican cluster munitions, anti-personnel weap- used,’’ Ms. Rovera said of the Israeli mili- violate the prohibition on indiscriminate at- ons that spray bomblets over a wide area, tary. ‘‘That is the one thing that could help tacks contained in international humani- have been found in many areas of southern speed up the cleanup process.’’ tarian law. The wide dispersal pattern of Lebanon and were responsible for civilian casualties. [From Human Rights Watch] their submunitions makes it very difficult to avoid civilian casualties if civilians are in Gonzalo Gallegos, a State Department ISRAELI CLUSTER MUNITIONS HIT CIVILIANS IN the area. Moreover, because of their high spokesman, said, ‘‘We have heard the allega- LEBANON: ISRAEL MUST NOT USE INDIS- failure rate, cluster munitions leave large tions that these munitions were used, and we CRIMINATE WEAPONS numbers of hazardous, explosive duds that are seeking more information.’’ He declined BEIRUT, July 24, 2006.—Israel has used ar- injure and kill civilians even after the at- to comment further. tillery-fired cluster munitions in populated tack is over. Human Rights Watch believes Several current and former officials said areas of Lebanon, Human Rights Watch said that cluster munitions should never be used, that they doubted the investigation would today. Researchers on the ground in Lebanon even away from civilians, unless their dud lead to sanctions against Israel but that the confirmed that a cluster munitions attack rate is less than 1 percent. decision to proceed with it might be intended on the village of Blida on July 19 killed one Human Rights Watch conducted detailed to help the Bush administration ease criti- and wounded at least 12 civilians, including analyses of the U.S. military’s use of cluster cism from Arab governments and commenta- seven children. Human Rights Watch re- bombs in the 1999 Yugoslavia war, the 2001– tors over its support of Israel’s military op- searchers also photographed cluster muni- 2002 Afghanistan war, and the 2003 war. erations. The investigation has not been pub- tions in the arsenal of Israeli artillery teams Human Rights Watch research established licly announced; the State Department con- on the Israel-Lebanon border. that the use of cluster munitions in popu- firmed it in response to questions. In addition to investigating use of the ‘‘Cluster munitions are unacceptably inac- lated areas in Iraq caused more civilian cas- weapons in southern Lebanon, the State De- curate and unreliable weapons when used ualties than any other factor in the U.S.-led partment has held up a shipment of M–26 ar- around civilians,’’ said Kenneth Roth, execu- coalition’s conduct of major military oper- tillery rockets, a cluster weapon, that Israel tive director of Human Rights Watch. ‘‘They ations in March and April 2003, killing and sought during the conflict, the officials said. should never be used in populated areas.’’ wounding more than 1,000 Iraqi civilians. According to eyewitnesses and survivors of The inquiry is likely to focus on whether Roughly a quarter of the 500 civilian deaths the attack interviewed by Human Rights Israel properly informed the United States caused by NATO bombing in the 1999 Yugo- Watch, Israel fired several artillery-fired about its use of the weapons and whether slavia war were also due to cluster muni- cluster munitions at Blida around 3 p.m. on targets were strictly military. So far, the tions. State Department is relying on reports from July 19. The witnesses described how the ar- ‘‘Our research in Iraq and Kosovo shows United Nations personnel and nongovern- tillery shells dropped hundreds of cluster that cluster munitions cannot be used in mental organizations in southern Lebanon, submunitions on the village. They clearly populated areas without huge loss of civilian the officials said. described the submunitions as smaller pro- life,’’ Roth said. ‘‘Israel must stop using David Siegel, a spokesman for the Israeli jectiles that emerged from their larger cluster bombs in Lebanon at once.’’ Embassy, said, ‘‘We have not been informed shells. Human Rights Watch called upon the The cluster attack killed 60-year-old about any such inquiry, and when we are we to immediately cease Maryam Ibrahim inside her home. At least would be happy to respond.’’ the use of indiscriminate weapons like clus- two submunitions from the attack entered Officials were granted anonymity to dis- ter munitions in Lebanon. the basement that the Ali family was using cuss the investigation because it involves as a shelter, wounding 12 persons, including BACKGROUND sensitive diplomatic issues and agreements seven children. Ahmed Ali, a 45-year-old taxi Israel used cluster munitions in Lebanon that have been kept secret for years. driver and head of the family, lost both legs in 1978 and in the 1980s. At that time, the The agreements that govern Israel’s use of from injuries caused by the cluster muni- United States placed restrictions on their American cluster munitions go back to the tions. Five of his children were wounded: use and then a moratorium on the transfer of 1970’s, when the first sales of the weapons oc- Mira, 16; Fatima, 12; ‘Ali, 10; Aya, 3; and ‘Ola, cluster munitions to Israel out of concern for curred, but the details of them have never 1. His wife Akram Ibrahim, 35, and his moth- civilian casualties. Those weapons used more been publicly confirmed. The first one was er-in-law ‘Ola Musa, 80, were also wounded. than two decades ago continue to affect Leb- signed in 1976 and later reaffirmed in 1978 Four relatives, all German-Lebanese dual anon. after an Israeli incursion into Lebanon. News nationals sheltering with the family, were Israel has in its arsenal cluster munitions accounts over the years have said that they wounded as well: Mohammed Ibrahim, 45; his delivered by aircraft, artillery and rockets. require that the munitions be used only wife Fatima, 40; and their children ‘Ali, 16, Israel is a major producer and exporter of against organized Arab armies and clearly and Rula, 13. cluster munitions, primarily artillery pro- defined military targets under conditions Human Rights Watch researchers photo- jectiles and rockets containing M85 DPICM similar to the Arab-Israeli wars of 1967 and graphed artillery-delivered cluster muni- (Dual Purpose Improved Conventional Muni- 1973. tions among the arsenal of Israel Defense tion) submunitions. Israeli Military Indus- A Congressional investigation after Israel’s Forces (IDF) artillery teams stationed on tries, an Israeli government-owned weapons 1982 invasion of Lebanon found that Israel the Israeli-Lebanese border during a research manufacturer, has reportedly produced more had used the weapons against civilian areas visit on July 23. The photographs show than 60 million M85 DPICM submunitions. in violation of the agreements. In response, M483A1 Dual Purpose Improved Conventional Israel also produces at least six different the Reagan administration imposed a six- Munitions, which are U.S.-produced and -sup- types of air-dropped cluster bombs, and has year ban on further sales of cluster weapons plied, artillery-delivered cluster munitions. imported from the United States M26 rockets to Israel. The photographs contain the distinctive for its Multiple Launch Rocket Systems. Israeli officials acknowledged soon after marks of such cluster munitions, including a There is growing international momentum their offensive began last month that they diamond-shaped stamp, and a shape that is to stop the use of cluster munitions. Belgium were using cluster munitions against rocket longer than ordinary artillery, according to became the first country to ban cluster mu- sites and other military targets. While a retired IDF commander who asked not to nitions in February 2006, and Norway an- Hezbollah positions were frequently hidden be identified. nounced a moratorium on the weapon in in civilian areas, Israeli officials said their,

VerDate Aug 31 2005 05:07 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.013 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4071 intention was to use cluster bombs in open against the people of Lebanon needs to we have to go beyond a narrow issue of terrain. be recognized at this point. I could a single enemy in the Middle East. The Bush administration officials warned stand here, certainly, objecting, and I use of human shields in the Middle Israel to avoid civilian casualties, but they have lodged no public protests against its do, to Hezbollah’s conduct, because we East is unfortunately widespread, not use of cluster weapons. American officials know what they did in creating condi- just by the cancer that grows, that is say it has not been not clear whether the tions to use people in populated areas known as Hezbollah in Lebanon, but weapons, which are also employed by the was wrong. also throughout the region. United States military, were being used But I also think that it’s important On this point, I would like to give against civilian areas and had been supplied to call to the attention of this Con- credit where credit is due. These pic- by the United States. Israel also makes its tures were taken, this one was taken in own types of cluster weapons. gress the suffering of the people in Leb- But a report released Wednesday by the anon, because what happened was that 2004, where a 13-year-old Palestinian United Nations Mine Action Coordination bombs were dropped and perhaps over boy named Mohammed Badwan was Center, which has personnel in Lebanon 1,000 people were killed. That needs to tied to the hood of an Israeli police searching for unexploded ordnance, said it be discussed. We also need to recognize jeep in the . A group of Pal- had found unexploded bomblets, including that the people of Lebanon have a love estinian youths had been reportedly hundreds of American types, in 249 locations for America despite our Government’s throwing rocks at Israeli police, so the south of the Litani River. The report said American munitions found actions in standing back. boy was taken and tied to the jeep so included 559 M–42’s, an anti-personnel Let me share with you a story out of that they would stop throwing their bomblet used in 105-millimeter artillery Qana that my wife and I visited. We rocks. shells; 663 M–77’s, a submunition found in M– went there late at night, and there was On October 6, and I want to give cred- 26 rockets; and 5 BLU–63’s, a bomblet found destruction everywhere. We were led to it where credit is due, because this has in the CBU–26 cluster bomb. Also found were a graveyard where people had their not been unanswered, on October 6, 608 M–85’s, an Israeli-made submunition. The unexploded submunitions being found families buried as a result of a U.S. at- 2005, the Israel High Court of Justice, in Lebanon are probably only a fraction of tack. Then we were led to the site of the equivalent of our Supreme Court, the total number dropped. Cluster munitions where a bomb fragment or a bomb ruled that it was illegal for Israeli can contain dozens or even hundreds of sub- burst through an apartment building, forces to use Palestinian civilians dur- munitions designed to explode as they scat- and it killed dozens of people. It was ing military operations. This ruling ef- ter around a wide area. They are very effec- thought that bomb was paid for by U.S. fectively ended the officially sanc- tive against rocket-launcher units or ground tax dollars. tioned tactic known as neighborhood troops. The Lebanese government has reported The people who gathered around late procedure, whereby Israeli soldiers that the conflict killed 1,183 people and at night from the village, knowing would forcibly use Palestinian civilians wounded 4,054, most of them civilians. The there was an American Congressman for tasks, including entering buildings United Nations reported this week that the there, spoke out and said, you know, to check to see if they were booby- number of civilian casualties in Lebanon we love America. We don’t like what trapped, removing building occupants, from cluster munitions, land mines and your leaders do, but we love America. and moving suspicious objects from unexploded bombs stood at 30 injured and We do not wish anyone ill in America, roads used by the army. eight killed. Dozen of Israelis were killed and hundreds and we want peace. We don’t want One of the victims of this neighbor- wounded in attacks by Hezbollah rockets, Israel to be destroyed. This was made hood procedure was a 19-year-old Pales- some of which were loaded with ball bearings very clear. These were people who from tinian student who in 2002 was killed in to maximize their lethality. the depths of their humanity were cry- the West Bank after troops took the Officials say it is unlikely that Israel will ing out for recognition about their suf- young man out of his house and forced be found to have violated a separate agree- fering. him to knock on the door of a neigh- ment, the Arms Export Control Act, which requires foreign governments that receive Madam Speaker, this is a fragment of boring building, where a senior American weapons to use them for legiti- the bomb which burst through an fugitive was hiding. Gunfire erupted, mate self-defense. Proving that Israel’s cam- apartment building and killed dozens and the student was killed. paign against Hezbollah did not constitute of women and children. I wanted to In addition to the Israeli Supreme self-defense would be difficult, especially in just show Congress this, because what Court, human rights group have also view of President Bush’s publicly announced we are talking about, using people as been recognized for their work, and I support for Israel’s action after Hezbollah human shields, it’s important also for commend them. B’Tselem, Rabbis for fighters attacked across the border, the offi- Human Rights, and Adalah have cials said. the Israeli Government to take respon- Even if Israel is found to have violated the sibilities for their actions as well. I say worked extensively on these cases and classified agreement covering cluster bombs, this as someone who speaks in defense brought them to the court. To the it is not clear what actions the United of Israel and the defense of Israel’s credit of the Israeli people and their States might take. right to survive. court system, they have denounced it, In 1982, delivery of cluster-bomb shells to If we are going to ever have peace in and they have sought to stop it. Israel was suspended a month after Israel in- the region, there has to be a mutual The Israeli Army itself, most re- vaded Lebanon after the Reagan administra- tion determined that Israel ‘‘may’’ have used recognition of everyone’s right to sur- cently, acted swiftly to suspend a com- them against civilian areas. vive, and opportunity for all people to mander caught on videotape using two But the decision to impose what amounted be able to bring their grievances for- Palestinian youths as human shields to a indefinite moratorium was made under ward and have them resolved. earlier this month. In the video that pressure from Congress, which conducted a I appreciate my friend’s opportunity has been seen around the world and long investigation of the issue. Israel and the to present this. covered by the , a United States reaffirmed restrictions on the Mr. BOOZMAN. Madam Speaker, I peace activist is heard shouting to the use of cluster munitions in 1988, and the Reagan administration lifted the morato- yield 5 minutes to the gentleman from Israeli soldiers who have positioned rium. California (Mr. ISSA). two youths standing in front of their I also want to ask for this moment (Mr. ISSA asked and was given per- vehicle, ‘‘You can’t use them as human when we are talking about the use of mission to revise and extend his re- shields. It’s against the law.’’ human shields to remember that cer- marks.) The Israeli soldier responds, ‘‘We are tainly the people of Israel suffered, and Mr. ISSA. Madam Speaker, I rise not using them as a human shield.’’ my wife and I visited Israel and we today in support of H. Res. 125 and join ‘‘They are standing in front of your talked to government officials who with my colleagues in denouncing jeep. How is that not a human shield? were concerned about the threat to Hezbollah for employing the use and You are using them to protect you Israel’s security that was presented by the tactic of placing weapons, defen- from stones,’’ the activist retorts. Hezbollah. sive and offensive, in the midst of com- ‘‘We asked them to speak to their munities in which innocent civilians friends and ask them to stop throwing b 1200 live. stones at us,’’ the soldier says. But I also have to say that the use of I also associate myself with the pre- Shortly after this videotape was cluster munitions and the use of bombs vious speaker, though, in saying that posted, the Israeli military announced

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.015 H25APPT1 mstockstill on PROD1PC66 with HOUSE H4072 CONGRESSIONAL RECORD — HOUSE April 25, 2007 the mission commander had been re- tion in so eloquent a way of what is dents for which they hold individuals lieved of operational duty following rarely government and governance and responsible and who pay the price. this incident, in which IDF soldiers had society and what Israel is all about, Mr. BOOZMAN. Mr. Speaker, I yield 2 apparently used these civilians, and who points out graphically and with minutes to the distinguished gen- the Israeli Government acted quickly. the evidence he brought before us the tleman from South Carolina (Mr. WIL- I applaud their swift response and fact that it was an Israeli human SON). their efforts to make this use of human rights defender who called out to the Mr. WILSON of South Carolina. Mr. shields, once and for all, stop. This Israeli soldiers whose conduct he prop- Speaker, I rise in support of House Res- morning I circulated a Dear Colleague erly called into question, that they olution 125, championed by Ranking via e-mail with links to these videos have no right to do that and that there Member ILEANA ROS-LEHTINEN, Dr. and news stories. are laws against it. BOOZMAN and Mr. ACKERMAN, which op- I encourage my colleagues to take a Where were the Lebanese people call- poses using civilians as human shields. look at these articles and efforts under ing out to the Hezbollah who invaded As a member of the Armed Services way to stop the use of human shields. I their homes and their neighborhoods Committee, as a 31-year veteran of the have also issued statements that are on and took over and used them, some- Army Reserves and National Guard, my Web site at www.issa.house.gov times willingly, sometimes not, as and as the father of four sons in the under the heading of ‘‘Banning the use human shields, and said to them, we U.S. military, I know firsthand that of Human Shields.’’ forbid you to do this, it’s against our using human shields violates inter- Madam Speaker, I believe there are human rights, and it’s against our national law. two sides to this. There is a difference. laws? Not once. Just last year, American and inter- One side is continuing to be a cancer I thank the gentleman from Cali- national leaders condemned the use of on the people of Lebanon. One side is fornia for pointing out the Israeli sys- human shields. The Lebanese have been continuing to use human shields with tem of justice, which stands basically particularly victims of human shields very little to stop them. The other side equal to ours. We, too, in the pursuit of in the past year. On August 11, 2006, is taking those measures. terrorists and evildoers, as the Presi- Secretary of State Condoleezza Rice I came here today to commend the dent would call them, sometimes un- stated, ‘‘Hezbollah and its sponsors Israeli Government for taking those fortunately commit acts in that pur- have brought devastation upon the peo- measures, to ask them to continue to suit and in defense of ourselves against ple of Lebanon, dragging them into a use the strongest methods possible to the terrorists, where civilians are hurt war that they did not choose and ex- make sure that is eliminated from one and civilians do die. But that is not our ploiting them as human shields.’’ side of the equation. I will support this purpose. When the Hezbollah does that, On August 14, President George W. resolution denouncing the other side of that is their intention for the civilians Bush stated, ‘‘Hezbollah terrorists tar- the equation that continues to use to die. geted Israeli civilians with daily rock- human shields. I thank the gentleman from Cali- et attacks. Hezbollah terrorists used Mr. ACKERMAN. Mr. Speaker, I fornia for pointing out that this went Lebanese civilians as human shields, yield myself such time as I might con- through the Israeli justice system be- sacrificing the innocent in an effort to sume. cause it is contrary to the laws of the protect themselves from Israeli re- To my good friend from California, as democracy of the democratic State of sponse.’’ well as my good friend from Ohio, I Israel. It went to the Supreme Court of Also, as to Israel, we should note would address the following observa- Israel, and that court found, in full that the Israeli Supreme Court has tions and concerns. First, I would like view, because Israeli television shows ruled a ban to the use of human to thank each of them for their support showed their soldiers doing something shields. Additionally, Israel has a for this resolution condemning wrong, and they were charged, and the strict policy against the use of civil- Hezbollah for their actions. court found them guilty, and the court ians as human shields, and in dealing But I would like to note for the banned it. with the isolated incidents where the record that there is a tremendous dif- People were held responsible in a re- policy is violated, takes measure to ference between a perpetrator and a sponsible society. That did not happen punish those responsible and prevent victim. A perpetrator is the one who with the Hezbollah. That did not hap- these acts from occurring in the future. initiates the act. The victim is the one pen in Lebanon. It happened in Israel It is clear, as eloquently reviewed by who is victimized by the act. Very where people paid the price, where the Mr. ACKERMAN, that no one should seek often, in an act of violence, murder, military officers who were in charge of to apply a moral equivalency between mayhem, the victim fights back. The the operation were found guilty. isolated incidents formally opposed by victim has every single right in the That is the difference between a Israel’s democratically elected govern- world, legally and morally, to defend democratic, humane society, where ment and the actions of Hezbollah, itself against violence. Some might there are innocent victims of self-de- whose policies and tactics show dis- argue sometimes that in defense of fense, who unfortunately, as individ- regard for human life and advocate in- oneself, the victim goes too far. The uals within the military, sometimes tentionally using the tactic of embed- woman being raped tries to scratch out get carried away. That happens in ding its forces among civilians to use the eyes of the rapist. Who is to blame every army in the history of the world. them as human shields, abusing the her? But holding people responsible for people of Lebanon. I thank my two friends for also those individual actions is a sign of a I urge my colleagues to support pointing out that there is a difference true democracy. House Resolution 125, condemning the in systems, that there is a difference in That did not happen with the use of human shields. moral values between that which the Hezbollah. That did not happen with Mr. BOOZMAN. Mr. Speaker, I yield Hezbollah does and the response of the Lebanon. That is the difference be- 11⁄2 minutes to the gentleman from Israelis. I appreciated the fact that the tween democratic, humane societies Florida (Mr. WELDON). gentleman from Ohio brought in part and terrorist organizations. Mr. WELDON of Florida. Mr. Speak- of a weapon of destruction that was er, I thank the gentleman, and I com- used in self-defense, but I am also b 1215 mend my colleagues for bringing this happy that we did not bring in gory I thank our two colleagues for bring- important legislation to the floor. pictures of Israeli children and women ing this to the attention of the House It was obvious, I think, to all people on their way to school or working on so that we might highlight the dif- watching the news coverage during the farms or in their villages, who every ferences between two societies, recent Hezbollah-Israel war that it was day are subject to attacks and missiles Hezbollah, governed by terror, whose standard operating procedure for fired by Hezbollah as they go about only purpose is to wreak havoc upon ci- Hezbollah to place its soldiers that their daily, innocent lives. vilian populations, and a democracy were firing rockets into Israel, in hous- I thank the gentleman from Cali- like Israel, who responds to terrorism ing projects, in housing areas where fornia for calling to the House’s atten- and sometimes have unfortunate inci- there were civilians, and the only way

VerDate Aug 31 2005 04:35 Apr 26, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.026 H25APPT1 mstockstill on PROD1PC66 with HOUSE April 25, 2007 CONGRESSIONAL RECORD — HOUSE H4073 that Israel could respond to that rock- On the other side we see Israeli forces who have requested information in the past have et fire involved risking the lives of the clearly identify their military personnel by uni- reported facing significant delays and even women and children who lived in those form and delineate their military installations unresponsiveness; furthermore, the records areas. It was disgraceful and it was a from civilian. Yet, Hezbollah still chooses to in- remain inaccessible to researchers and re- violation of international law. And to search institutions; discriminately shoot their rockets into prin- Whereas the 1955 Bonn Accords, the treaty me it is absolutely ridiculous that cipally civilian areas. governing the administration of the ITS, es- Hezbollah would find some photo of a Hezbollah operates far outside the bounds tablished an International Commission of 11 bunch of Palestinian youths leaning on of international law, something we must not member countries (Belgium, , Ger- a tank and try to make an argument in forget as we seek to control them through many, Greece, Israel, Italy, Luxembourg, the front of the world stage that that is the international bodies such as the United Na- Netherlands, Poland, the United Kingdom, moral equivalent of what they were tions. With no regard for the lives of their own and the United States) charged with over- doing. There is absolutely no compari- nationals, can we expect them to hold up their seeing the administration of the ITS Holo- son. end of Security Council resolutions? We must caust archives; Mr. Speaker, I just wanted to com- stand with the legitimate government of Israel, Whereas following years of delay, in May mend my colleague from New York and a shining light of democracy and freedom be- 2006 in Luxembourg, the International Com- people on both sides of the aisle for mission of the ITS agreed upon amendments sieged by those with no respect for law or life. to the Bonn Accords which would allow re- bringing forward this important piece Mr. BOOZMAN. Mr. Speaker, I yield searchers to use the archives and would of legislation. back the balance of my time. allow each Commission member country to Mr. HOYER. Mr. Speaker, last summer, Mr. ACKERMAN. Mr. Speaker, I have receive digitized copies of archive materials Hezbollah militants kidnapped two Israeli sol- no further speakers on our side, and I and make the records available to research- diers and instigated an armed conflict in which yield back the balance of my time. ers under the respective national laws relat- they indiscriminately fired thousands of rockets The SPEAKER pro tempore (Mr. ing to archives and privacy; and mortar shells into Israel with the hope of MCNULTY). The question is on the mo- Whereas the May 2006 Amendments to the inflicting as many civilian casualties as pos- tion offered by the gentleman from Bonn Accords require each of the 11 members sible. New York (Mr. ACKERMAN) that the of the International Commission to ratify And what was most disturbing about House suspend the rules and agree to the amendments before open access to the Hezbollah’s actions was not that they targeted the resolution, H. Res. 125, as amended. Holocaust archives is permitted; Whereas although the final signature was innocent men, women, and children with their The question was taken; and (two- affixed to the amendments in October 2006, attacks—the world has come to expect such thirds being in the affirmative) the only 4 out of the 11 Commission member cowardly tactics from terrorist organizations rules were suspended and the resolu- countries (the United States, Israel, Poland, that are dedicated to inflicting anguish and de- tion, as amended, was agreed to. and the Netherlands) have ratified the struction. The title of the resolution was amendments to date; Rather, it was the fact that Hezbollah em- amended so as to read: ‘‘Resolution ex- Whereas the United States Holocaust Me- bedded their equipment and bases of oper- pressing deep concern over the use of morial Museum has for years been working ations amid the Lebanese civilian population— civilians as ‘human shields’ in viola- tirelessly to provide public access to the ma- effectively using them as ‘‘human shields’’ to tion of international humanitarian terials in the Bad Arolsen archives; protect them from retaliation. law, including Hezbollah’s tactic of em- Whereas on March 8, 2007, representatives This brutal exploitation of a civilian popu- bedding its forces among civilians to from the 11 member countries of the Inter- national Commission of the ITS met in the lation—and others like it that take place all too use them as human shields during the Netherlands and reviewed the current ratifi- often in areas controlled by Hezbollah and summer of 2006 conflict between cation status of each country and the ratifi- Hamas—stands in direct violation of inter- Hezbollah and the State of Israel.’’. cation process in its entirety; national humanitarian law and laws of war dur- A motion to reconsider was laid on Whereas it is a moral and humanitarian ing armed conflict. the table. imperative to permit public access to the Today, I am proud to join with my fellow f millions of Holocaust records housed at Bad Members of Congress in condemning the use Arolsen; of human shields in armed conflict—and I URGING ALL MEMBER COUNTRIES Whereas it is essential that Holocaust re- stand with all of the people of the world who OF THE INTERNATIONAL COM- searchers obtain access now, while survivors understand that the role of a soldier is to pro- MISSION OF THE INTER- are living, so that the researchers can ben- tect civilians, not exploit them for security or NATIONAL TRACING SERVICE TO efit in their scholarly work from the insights of eyewitnesses; political gain. EXPEDITE RATIFICATION PROC- ESS Whereas in the Holocaust’s aftermath, Mr. GARRETT of New Jersey. Mr. Speaker, there have been far too many instances of today I rise in support of the resolution con- Mr. ACKERMAN. Mr. Speaker, I survivors and heirs of Holocaust victims demning Hezbollah’s frequent use of civilians move to suspend the rules and agree to being refused their moral and legal right to to protect their military forces and cache of the resolution (H. Res. 240) urging all information—for restitution purposes, slave weapons. All too often we hear claims that member countries of the International labor compensation, and personal closure; Hezbollah and the Israeli Defense Forces are Commission of the International Trac- Whereas opening the historic records is a moral equivalents. But when we look at the ing Service (ITS) who have yet to rat- vital contribution to the world’s collective facts, we see that Hezbollah constantly dem- ify the May 2006 Amendments to the memory and understanding of the Holocaust onstrates that it is a force that does not oper- 1955 Bonn Accords Treaty, to expedite and efforts to ensure that the anti-Semitism that made such horrors possible is never the ratification process to allow for ate under the international treaties that at- again permitted to take hold; tempt to govern warfare. open access to the Holocaust archives Whereas anti-Semitism has seen a resur- Hezbollah has set up shop in southern Leb- located at Bad Arolsen, . gence in recent years; as recently as Decem- anon and, while they attempt to participate in The Clerk read the title of the resolu- ber 2006, the President of Iran, Mahmoud the legal process of that nation, they are not tion. Ahmadinejad, held the second Holocaust de- under the control of any government. They The text of the resolution is as fol- nial conference in Tehran in one year; and use the funds of Iran and Syria to act as their lows: Whereas in light of this conference, Presi- dent Ahmadinejad’s anti-Semitic rhetoric, proxies in the fight against Israel. There is little H. RES. 240 dispute that they store much of their military and a resurgence of anti-Semitism in part of Whereas the International Tracing Service the world, the opening of the archives at Bad equipment below civilian houses and during (ITS) archives located in Bad Arolsen, Ger- Arolsen could not be more urgent: Now, the most recent conflict their military leader- many, which are administered by the Inter- therefore, be it ship holed up in bunkers filled with non-com- national Committee of the Red Cross, con- batants. tain an estimated 50,000,000 records on the Resolved, That the House of Representa- Hezbollah fights their wars in the inter- fates of some 17,500,000 individual victims of tives— Nazi war crimes; (1) commends in the strongest terms all national press as much as they fight them in Whereas the ITS archives at Bad Arolsen countries that have to date ratified the the battlefield. Sadly, civilian deaths are seen remain the largest closed Holocaust-era ar- amendments to the Bonn Accords to allow as a victory since they can use the cry of war chives in the world; while access to indi- for open access to the Holocaust archives of atrocities to keep the Israelis from engaging vidual records can be requested by Holocaust the International Tracing Service (ITS) lo- their forces. survivors and their descendants, many who cated at Bad Arolsen, Germany;

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