SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS PROSECUTION OF WAR CRIMES, GENOCIDE, AND CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC OF YUGOSLAVIA.

SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS PROSECUTION OF WAR CRIMES, GENOCIDE, AND CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC OF YUGOSLAVIA. (a) Findings.—Congress makes the following findings:113 STAT. 785 (1) The United Nations Security Council created the International Criminal Tribunal for the former Yugoslavia (in this section referred to as the “ICTY”) by resolution on May 25, 1993. (2) Although the ICTY has indicted 89 people since its creation, those indictments have only resulted in the trial and conviction of 8 criminals. (3) The ICTY has jurisdiction to investigate grave breaches of the 1949 Geneva Conventions (Article 2), violations of the laws or customs of war (Article 3), genocide (Article 4), and crimes against humanity (Article 5). (4) The Chief Prosecutor of the ICTY, Justice Louise Arbour, stated on July 7, 1998, to the Contact Group for the former Yugoslavia, that “[t]he Prosecutor believes that the nature and scale of the fighting indicate that an ‘armed conflict’, within the meaning of international law, exists in Kosovo. As a consequence, she intends to bring charges for crimes against humanity or war crimes, if evidence of such crimes is established”. (5) Reports from Kosovar Albanian refugees provide detailed accounts of systematic efforts to displace the entire Muslim population of Kosovo. (6) In furtherance of this plan, Serbian troops, police, and paramilitary forces have engaged in detention and summary execution of men of all ages, wanton destruction of civilian housing, forcible expulsions, mass executions in at least 60 villages and towns, as well as widespread rape of women and young girls. (7) These reports of atrocities provide prima facie evidence of war crimes and crimes against humanity, as well as possible genocide. (8) Any criminal investigation is best served by the depositions and interviews of witnesses as soon after the commission of the crime as possible. (9) The indictment, arrest, and trial of war criminals would provide a significant deterrent to further atrocities. (10) The ICTY has issued 14 international warrants for war crimes suspects that have yet to be served, despite knowledge of the suspects’ whereabouts. (11) Vigorous prosecution of war crimes after the conflict in Bosnia may have prevented the ongoing atrocities in Kosovo. (12) Investigative reporters have identified specific documentary evidence implicating the Serbian leadership in the commission of war crimes. (13) NATO forces and forensic teams deployed in Kosovo have uncovered physical evidence of war crimes, including mass graves. (b) Sense of Congress.—It is the sense of Congress that— (1) the United States, in coordination with other United Nations member states, should provide sufficient resources for an expeditious and thorough investigation of allegations of the atrocities and war crimes committed in Kosovo; (2) the United States, through its intelligence services, should provide all possible cooperation in the gathering of evidence of sufficient specificity and credibility to secure the indictment of those responsible for the commission of war crimes, 113 STAT. 786crimes against humanity, and genocide in the former Yugoslavia; (3) where evidence warrants, indictments for war crimes, crimes against humanity, and genocide should be issued against suspects regardless of their position within the Serbian leadership; (4) the United States and all nations have an obligation to honor arrest warrants issued by the ICTY and should use all appropriate means to apprehend and bring to justice through the ICTY individuals who are already under indictment; (5) any final settlement regarding Kosovo should not bar the indictment, apprehension, or prosecution of persons accused of war crimes, crimes against humanity, or genocide committed during operations in Kosovo; and (6) President Slobodan Milosevic should be held accountable for his actions while President of the Federal Republic of Yugoslavia or President of the Republic of Serbia in initiating four armed conflicts and taking actions leading to the deaths of tens of thousands of people and responsibility for murder, rape, terrorism, destruction, and ethnic cleansing.