H8620 CONGRESSIONAL RECORD — HOUSE July 29, 1996 Mr. Speaker, H.R. 740, introduced by The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there the gentleman from New Mexico [Mr. question is on the motion offered by objection to the request of the gen- SCHIFF] and the gentleman from New the gentleman from Texas [Mr. SMITH] tleman from Texas? Mexico [Mr. SKEEN] would permit the that the House suspend the rules and There was no objection. Pueblo of Isleta Indian Tribe to file a pass the bill, H.R. 740. Mr. SMITH of Texas. Mr. Speaker, I claim in the U.S. Court of Federal The question was taken; and (two- yield myself such time as I may Claims for certain aboriginal lands ac- thirds having voted in favor thereof) consume. quired from the tribe by the United the rules were suspended and the bill Mr. Speaker, H.R. 3680 is designed to States. The tribe was erroneously ad- was passed. implement the Geneva conventions for vised by the Bureau of Indian Affairs in A motion to reconsider was laid on the protection of victims of war. Our regard to this claim, and as a result the table. colleague, the gentleman from North Carolina, WALTER JONES, should be never filed a claim for aboriginal lands f before the expiration of the statute of commended for introducing this bill limitations. WAR CRIMES ACT OF 1996 and for his dedication to such a worthy The court’s jurisdiction would apply Mr. SMITH of Texas. Mr. Speaker, I goal. only to claims accruing on or before move to suspend the rules and pass the b 1445 August 13, 1946, as provided in the In- bill (H.R. 3680) to amend title 18, Unit- dian Claims Commission Act. Mr. Speaker, the Geneva Conventions ed States Code, to carry out the inter- of 1949 codified rules of conduct for The Pueblo of Isleta Tribe seeks the national obligations of the United opportunity to present the merits of its military forces to which we have long States under the Geneva Conventions adhered. In 1955 Deputy Under Sec- aboriginal land claims, which other- to provide criminal penalties for cer- wise would be barred as untimely. The retary of State Robert Murphy testi- tain war crimes. fied to the Senate that— tribe cites numerous precedents for The Clerk read as follows: conferring jurisdiction under similar The Geneva Conventions are another long H.R. 3680 circumstances, such as the case of the step forward towards mitigating the severity Be it enacted by the Senate and House of Rep- of war on its helpless victims. They reflect Zuni Indian Tribe in 1978. enlightened practices as carried out by the An identical bill passed the Senate in resentatives of the United States of America in Congress assembled, United States and other civilized countries, the 103d Congress, but was not consid- and they represent largely what the United ered by the House. In the 102d Con- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘War Crimes States would do, whether or not a party to the Conventions. Our own conduct has served gress, H.R. 1206, amended to the cur- Act of 1996’’. to establish higher standards and we can rent language, passed the House, but SEC. 2. CRIMINAL PENALTIES FOR CERTAIN WAR was not considered by the Senate be- only benefit by having them incorporated in CRIMES. a stronger body of wartime law. fore adjournment. On June 11, 1996, the (a) IN GENERAL.—Title 18, United States Judiciary Committee favorably re- Code, is amended by inserting after chapter Mr. Speaker, the United States rati- ported this bill by unanimous voice 117 the following: fied the Conventions in 1955. However, vote. ‘‘CHAPTER 118—WAR CRIMES Congress has never passed implement- Mr. Speaker, I reserve the balance of ‘‘Sec. ing legislation. my time. ‘‘2401. War crimes. The Conventions state that signatory countries are to enact penal legislation Mr. SCOTT. Mr. Speaker, I yield my- ‘‘§ 2401. War crimes self such time as I may consume. punishing what are called grave ‘‘(a) OFFENSE.—Whoever, whether inside or breaches, actions such as the deliberate Mr. Speaker, I think the bill has been outside the United States, commits a grave explained that was introduced by the breach of the Geneva Conventions, in any of killing of prisoners of war, the subject- gentleman from New Mexico [Mr. the circumstances described in subsection ing of prisoners to biological experi- SKEEN] and the gentleman from New (b), shall be fined under this title or impris- ments, the willful infliction of great Mexico [Mr. SCHIFF]. It is a fair bill, oned for life or any term of years, or both, suffering or serious injury on civilians and I would just urge colleagues to sup- and if death results to the victim, shall also in occupied territory. port it at this time. be subject to the penalty of death. While offenses covering grave Mr. Speaker, I yield back the balance ‘‘(b) CIRCUMSTANCES.—The circumstances breaches can in certain instances be of my time. referred to in subsection (a) are that the per- prosecutable under present Federal Mr. RICHARDSON. Mr. Speaker, I wish to son committing such breach or the victim of law, even if they occur overseas, there extend my strong support for H.R. 740 which such breach is a member of the armed forces are a great number of instances in of the United States or a national of the which no prosecution is possible. Such deals with the Pueblo of Isleta Indian land United States (as defined in section 101 of claims. H.R. 740 comes before Congress for a the Immigration and Nationality Act). nonprosecutable crimes might include vote which will correct a 45-year-old injustice. ‘‘(c) DEFINITIONS.—As used in this section, situations where American prisoners of In 1951, the Pueblo of Isleta was given erro- the term ‘grave breach of the Geneva Con- war are killed, or forced to serve in the neous advice by employees of the Bureau of ventions’ means conduct defined as a grave Army of their captors, or American Indian Affairs regarding the nature of the claim breach in any of the international conven- doctors on missions of mercy in foreign the Pueblo could mount under the Indian tions relating to the laws of warfare signed war zones are kidnapped or murdered. Claims Commission Act of 1946. This is docu- at Geneva 12 August 1949 or any protocol to War crimes are not a thing of the past, mented and supported by testimony. The any such convention, to which the United and Americans can all too easily fall States is a party.’’ Pueblo was not made aware of the fact that a victim to them. (b) CLERICAL AMENDMENT.—The table of H.R. 3680 was introduced in order to land claim could be made based upon aborigi- chapters for part I of title 18, United States nal use and occupancy. As a result, it lost the Code, is amended by inserting after the item implement the Geneva Conventions. It opportunity to make such a claim. relating to chapter 117 the following new prescribes severe criminal penalties for The Pueblo of Isleta was a victim of cir- item: anyone convicted of committing, cumstances beyond its control, and this bill is ‘‘118. War crimes ...... 2401’’. whether inside or outside the United States, a grave breach of the Geneva an opportunity for us to correct this wrong. No The SPEAKER pro tempore. Pursu- Conventions, where the victim or the expenditure or appropriations of funds are pro- ant to the rule, the gentleman from vided for in this bill: only the opportunity for perpetrator is a member of our Armed Texas [Mr. SMITH] and the gentleman the Pueblo to make a claim for aboriginal Forces. In future conflicts H.R. 3680 from Virginia [Mr. SCOTT] each will lands which the Isletas believe to be rightfully may very well deter acts against Amer- control 20 minutes. theirs. This bill may be the last chance for the icans that violate the laws of war. The Chair recognizes the gentleman United States to correct an injustice which oc- Mr. Speaker, I urge my colleagues to from Texas [Mr. SMITH]. curred many years ago because of misin- support this legislation, and I reserve formation from the BIA. GENERAL LEAVE the balance of my time. Therefore, I urge my colleagues to support Mr. SMITH of Texas. Mr. Speaker, I Mr. SCOTT. Mr. Speaker, I yield my- H.R. 740. ask unanimous consent that all Mem- self such time as I may consume. Mr. SMITH of Texas. Mr. Speaker, I bers may have 5 legislative days to re- Mr. Speaker, as the gentleman from have no further requests for time, and vise and extend their remarks on the Texas has fully explained, H.R. 3680 im- I yield back the balance of my time. bill under consideration. plements this country’s international July 29, 1996 CONGRESSIONAL RECORD — HOUSE H8621 obligation under the Geneva Conven- States the legal authority to try and human rights abuses and discrimination tion which were ratified by the United prosecute the perpetrators of war against its indigenous black population; States in 1955 to protect the victims of crimes against American citizens. Ad- Whereas the Department of State and nu- war by providing criminal penalties for ditionally, those Americans prosecuted merous human rights organizations have documented such abuses; certain war crimes. Mr. Speaker, this will have available all the procedural Whereas chattel slavery, with an estimated has never been formally enacted by protections of the American justice tens of thousands of black Mauritanians con- statute, and the bill accomplishes this system. sidered property of their masters and per- oversight. I drafted this bill late last year, forming unpaid labor, persists despite its Mr. Speaker, I will not be supporting shortly after I met a gentleman by the legal abolition in 1980; the legislation because it contains a name of Capt. Mike Cronin who spent Whereas individuals attempting to escape new provision for the death penalty, time as an uninvited guest of the from their owners in Mauritania may be sub- but I can say that the bill enjoys ‘‘Hanoi Hilton.’’ While serving in Viet- jected to severe punishment and torture; nam as an A–6 pilot, Mr. Cronin was Whereas the right to a fair trial in Mauri- broad-based support on this side of the tania continues to be restricted due to exec- aisle. shot down and taken prisoner of war. utive branch pressure on the judiciary; Mr. Speaker, I reserve the balance of For 6 years he lived in a cage. When he Whereas policies designed to favor a par- my time. returned, he realized that while he and ticular culture and language have Mr. SMITH of Texas. Mr. Speaker, I many others had witnessed war crimes marginalized black Mauritanians in the thank my colleague, the gentleman being committed, no justice could be areas of education and employment particu- from Virginia, for his comments, and I found within the U.S. court system be- larly; yield such time as he may consume to cause we had not yet enacted imple- Whereas Mauritanians are deprived of their menting legislation of the Geneva Con- constitutional right to a democratically the gentleman from North Carolina, elected government; Mr. WALTER JONES, my colleague and vention. Whereas Mauritanian authorities have still friend, and the author of the legisla- It is for Mike Cronin, and the many refused to investigate or punish individuals tion we are discussing right now. others like him who were persecuted, responsible for the massacre of over 500 mili- Mr. JONES. Mr. Speaker, I thank the that I have fought to bring this legisla- tary and civilian black Mauritanians in 1990 gentleman from Texas for yielding tion to the floor today. While the bill is and 1991; and time to me. not retroactive, it can ensure that any Whereas significant numbers of black Before I begin, I want to take a mo- future victims of war crimes will be Mauritanians remain refugees stripped of given the protection of the U.S. courts. their citizenship and property, including ment to thank Chairman SMITH and his tens of thousands of black Mauritanians who subcommittee counsel, George This is a strong bipartisan bill, which were expelled or fled Mauritania during 1989 Fishman, for their hard work and ef- will rectify the existing discrepancy and 1990: Now, therefore, be it forts to bring this important legisla- between our Nation’s intolerance for Resolved by the House of Representatives (the tion to the floor today for consider- war crimes and our inability to pros- Senate concurring), That the Congress— ation. ecute war criminals. (1) calls upon the Government of Mauri- Mr. Speaker, now more than ever, we Once again, I would like to thank tania to honor its obligations under the Uni- are sending our men and women to this body, Chairman SMITH, Chairman versal Declaration of Human Rights and the Convention on the Abolition of Slavery, to HYDE, and Ranking Member CONYERS serve in hostile lands, and the specter prosecute slave owners to the fullest extent of war crimes, looms over almost every for their support. Passage of the War of the country’s anti-slavery law, and to edu- U.S. military action abroad. As a mem- Crimes Act of 1996 is a long overdue cate individuals being held as slaves on their ber of the House National Security step in the right direction. legal rights; Committee, we have the responsibility Mr. SCOTT. Mr. Speaker, I have no (2) strongly urges the Government of Mau- of providing these service men and further requests for time, and I yield ritania to abolish discriminatory practices women with the best training and back the balance of my time. and foster an environment that will inte- equipment available. Mr. SMITH of Texas. Mr. Speaker, I grate black Mauritanians into the economic and social mainstream; But this Congress should not stop have no further requests for time, and I yield back the balance of my time. (3) urges in the strongest terms that the there. We must ensure that we also Government of Mauritania fully investigate The SPEAKER pro tempore (Mr. CAL- protect the rights of all Americans who and prosecute those officials responsible for are defending the interests of our coun- VERT). The question is on the motion the extrajudicial killings and mass expul- try abroad. offered by the gentleman from Texas sions of black Mauritanians during the late While it is difficult to believe, in the [Mr. SMITH] that the House suspend the 1980s and early 1990s; absence of a military commission or an rules and pass the bill, H.R. 3680. (4) calls upon the Government of Mauri- international criminal tribunal, the The question was taken; and (two- tania to continue to allow all refugees to re- turn to Mauritania and to restore their full United States currently has no means, thirds having voted in favor thereof) the rules were suspended and the bill rights; by which we can try and prosecute per- (5) welcomes Mauritania’s recent invita- petrators of war crimes in our courts. was passed. A motion to reconsider was laid on tion to international human rights organiza- The Geneva Convention of 1949 granted the table. tions to visit Mauritania; and the authority to prosecute individuals (6) further welcomes the growth of an inde- for committing ‘‘grave breaches’’ of the f pendent press in Mauritania. Geneva Convention, however, the au- MESSAGE FROM THE PRESIDENT The SPEAKER pro tempore. Pursu- thority was not self-enacting. The Ge- A message in writing from the Presi- ant to the rule, the gentleman from neva Convention directed each of the dent of the United States was commu- Nebraska [Mr. BEREUTER] and the gen- participating countries to enact imple- nicated to the House by Mr. Edwin tleman from Guam [Mr. UNDERWOOD] menting legislation. The United States Thomas, one of his secretaries. each will control 20 minutes. never did. f The Chair recognizes the gentleman Today, it would be possible, to find a from Nebraska [Mr. BEREUTER]. known war criminal vacationing in our REGARDING HUMAN RIGHTS IN Mr. BEREUTER. Mr. Speaker, I yield country, unconcerned with being pun- MAURITANIA myself such time as I may consume. ished for his crime. A modern-day Mr. BEREUTER. Mr. Speaker, I move (Mr. BEREUTER asked and was Adolf Hitler, could move to the United to suspend the rules and agree to the given permission to revise and extend States without worry, as he could not concurrent resolution (H. Con. Res. 142) his remarks.) be found guilty in our courts of com- regarding the human rights situation Mr. BEREUTER. Mr. Speaker, this mitting a war crime. We could extra- in Mauritania, including the continued legislation was introduced by this dite him or deport him, but we could practice of chattel slavery, as amend- Member. It is hard to believe that in not try him in America as a war crimi- ed. 1996, chattel slavery continues to exist nal. The Clerk read as follows: in Mauritania. This gross injustice in- It is for these reasons that I have in- H. CON. RES. 142 fringes on the most fundamental of troduced H.R. 3680, the War Crimes Act Whereas the Government of Mauritania human rights of perhaps thousands of of 1996. H.R. 3680 will give the United has perpetrated a prolonged campaign of that country’s underclass. Members of