Page:United States Statutes at Large Volume 105 Part 1.djvu/735

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PUBLIC LAW 102-138—OCT. 28, 1991 105 STAT. 707 TITLE III— MISCELLANEOUS FOREIGN POLICY PROVISIONS PART A—FOREIGN POLICY PROVISIONS SEC. 301. PERSIAN GULF WAR CRIMINALS (a) INTERNATIONAL CRIMINAL TRIBUNAL. — (1) PROPOSAL FOR ESTABLISHMENT. —It is the sense of the Congress that the President, acting through the Permanent Representative of the United States to the United Nations, should propose to the Security Council the establishment of an international criminal tribunal for the prosecution of Persian Gulf war criminals who may not more appropriately be prosecuted in Federal and specially appointed courts of the United States. (2) ALTERNATIVE MEANS FOR ESTABLISHMENT. —I f the United Nations Security Council fails to take action to establish an international criminal tribunal for the prosecution of Persian Gulf war criminals, it is the sense of the Congress that the President should work with the partners in the coalition of nations participating in Operation Desert Storm to establish such an international criminal tribunal. (b) DESIGNATION OF RESPONSIBILITY AT STATE DEPARTMENT.—The Secretary of State shall designate a high level official with responsibility for— (1) the development of a proposal for the prosecution of Persian Gulf War criminals in an international tribunal, including proposing in the United Nations the establishment of such a tribunal, and advising the United States Permanent Representative to the United Nations in any discussion or negotiations concerning such matters; (2) advising the President on the appropriate jurisdiction for the prosecution of Persian Gulf war criminals; and (3) supporting and facilitating United States implementation of its duties and responsibilities with respect to any tribunal which may be established for the prosecution of Persian Gulf war criminals, (c) PRESIDENTIAL REPORT.—Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report— (1) setting forth the proposal developed under subsection (b)(1); (2) describing the evidence of crimes under international law that justifies the prosecution of Persian Gulf war criminals before an international criminal tribunal; and (3) identifying Iraqi authorities who should be prosecuted for committing such crimes. SEC. 302. BENEFITS FOR UNITED STATES HOSTAGES CAPTURED IN LEBANON. (a) IN GENERAL.— Section 599C of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, is 5 USC 5561 note, amended— (1) in subsection (a), by adding at the end of the first sentence "during fiscal year 1991 and hereafter"; (2) in paragraphs (3) and (4) of subsection (b), by striking out "During' each place it appears and inserting in lieu thereof "Except as provided in paragraph (5), during";