S.Amdt. 6163

SA 6163, submitted by Mr. Durbin, aims to add a section to bill S. 4784 (which authorizes appropriations for fiscal year 2027 for the Department of Defense, military construction, and defense activities of the Department of Energy).

The purpose of this amendment is to establish the sense of Congress regarding compliance with the law of war. It emphasizes the following:

• The law of war binds the United States and its Armed Forces.
• The United States is committed to complying with the law of war, specifically the principles of proportionality, distinction, humanity, and necessity.
• Compliance with these laws reinforces military effectiveness and helps maintain political legitimacy and public support.
• Obligations under the law of war include protecting civilians through:
  • Prohibiting indiscriminate attacks or attacks directed at civilian objects and civilians.
  • Prohibiting attacks expected to cause excessive harm to civilians compared to the anticipated military advantage.
  • Taking all feasible precautions to minimize or avoid harm to civilians.
  • Presuming a person is a civilian when in doubt.
• Protecting civilians is consistent with the decisive use of force for national interests.
• Minimizing civilian casualties can enhance the sustainability and legitimacy of operations and help maintain the support of vulnerable populations and partner governments.
• The United States routinely uses policy standards for protecting civilians that are more protective than those required by the law of war.