International Organizations United States. Congress. House. Committee on Forei.

U.S. policy in the aftermath of the bombing of Pan Am 103 : hearing before the Subcommittees on International Security, International Organizations, and Human Rights of the Committee on Foreign Affairs, House of Representatives, One Hundred Third Congress, second session, July 28, 1994 online

. (page 1 of 21)
Online LibraryInternational Organizations United States. Congress. House. Committee on ForeiU.S. policy in the aftermath of the bombing of Pan Am 103 : hearing before the Subcommittees on International Security, International Organizations, and Human Rights of the Committee on Foreign Affairs, House of Representatives, One Hundred Third Congress, second session, July 28, 1994 → online text (page 1 of 21)
Font size
QR-code for this ebook


U.S. POLICY IN THE AFTERMATH OF THE
BOMBING OF FAN AM 103



Y4.F76/1;P 75/22

U.S. Policn in the ftfternath of the... \PTJnJQ

BEFORE THE

SUBCOMMITTEE ON

INTERNATIONAL SECURITY, INTERNATIONAL

ORGANIZATIONS AND HUMAN RIGHTS

OF THE

COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

SECOND SESSION



JULY 28, 1994



Printed for the use of the Committee on Foreign Affairs




•/?



'■'■•-•il'f



U.S. GOVRRNME.NT PRINTING OFFICE
83-5.38 CC WASHINGTON : 1994

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-046046-8



J U.S. POLICY IN THE AFTERMATH OF THE

BOMBING OF PAN AM 103



4.F76/1:P 75/22

S. Policy in the ftfternath of the... \RTJ^Q-

BEFORE THE

SUBCOMMITTEE ON

INTERNATIONAL SECURITY, INTERNATIONAL

ORGANIZATIONS AND HUMAN RIGHTS

OF THE

COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

SECOND SESSION



JULY 28, 1994



Printed for the use of the Committee on Foreign Affairs




^^^t3



U.S. GOVKRNME.N'T PRINTING OFFICE
83-5.38 CC WASHINGTON : 1994

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-046046-8



83-538 0-94-1



COMMITTEE ON FOREIGN AFFAIRS



LEE H

SAM GEJDENSON, Connecticut

TOM LANTOS, California

ROBERT G. TORRICELLI, New Jersey

HOWARD L. HERMAN, California

GARY L. ACKERMAN. New York

HARRY JOHNSTON, Florida

ELIOT L. ENGEL. New York

ENI F.H. FALEOMAVAEGA, American

Samoa
JAMES L. OBERSTAR, Minnesota
CHARLES E. SCHUMER, New York
MATTHEW G. MARTINEZ, California
ROBERT A. BORSKI, Pennsylvania
DONALD M. PAYNE, New Jersey
ROBERT E. ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. MCKINNEY, Georgia
MARIA CANTWELL. Washington
ALCEE L. HASTINGS. Florida
ERIC FINGERHUT, Ohio
PETER DEUTSCH, Florida
ALBERT RUSSELL WYNN, Maryland
DON EDWARDS, California
FRANK McCLOSKEY, Indiana
THOMAS C. SAWYER, Ohio
LEWIS V. GUTIERREZ. Illinois

Michael H. Van Dusen. Chief of Staff
Jo Weber, Staff Associate



HAMILTON, Indiana. Chairman

BENJAMIN A. GILMAN, New York
WILLIAM F. GOODLING. Pennsylvania
JAMES A. LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey
DAN BURTON, Indiana
JAN MEYERS, Kansas
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DAVID A. LEVY. New York
DONALD A. MANZULLO. Illinois
LINCOLN DIAZ-BALART. Florida
EDWARD R. ROYCE. California



International Security, International Organizations and Human Rights

TOM LANTOS, California, Chairman

HOWARD L. BERMAN, California DOUG BEREUTER, Nebraska

GARY L. ACKERMAN, New York OLYMPIA J. SNOWE, Maine

MATTHEW G. MARTINEZ, California CHRISTOPHER H. SMITH, New Jersey

FRANK McCLOSKEY, Indiana DAN BURTON. Indiana
THOMAS C. SAWYER, Ohio

ROUEKT King. Staff Director

Michael Ennis. Republican Professional Staff Member

BhTl'll L. POISSON, Professional Staff Member

Theodore M. HiRSCH, Professional Staff Member

Andrea L. Nelson, Professional Staff Member



(ID



CONTENTS



WITNESSES

Page
Barbara K. Bodine, Acting Coordinator for Counterterrorism, Department

of State 5

Robert H. Kupperman, Center for Strategic and International Studies 16

G. Henry M. Schuler, director, energy program, Center for Strategic and

International Studies 17

Rosemary Wolfe, Virginia 26

Kathleen R. Flynn, New Jersey 30

Babette S. Hollister, New York 33

Susan Cohen, New Jersey 36

Stephanie L. Bernstein, Maryland 38

Aphrodite Tsairis, The Victims of Pan Am Flight 103, New Jersey 41

APPENDIX

Prepared statements:

Hon. Christopher H. Smith 51

Barbara K. Bodine 53

Robert H. Kupperman 56

G. Henry M. Schuler 69

Rosemary Wolfe 94

Kathleen R. Flynn 137

Babette S. Hollister 145

Susan Cohen 152

Stephanie L. Bernstein 158

Aphrodite Tsairis 160

List otthe victims of Pan Am Flight 103 165

Bruce Smith, prepared statement 172

Amendment to H.R. 4426 — Foreign Operations, Export Financing and Related
Programs, ofTered by Mr. MurkowsKi for Senator Helms and Senator Mur-

kowski 182

Prepared statements:

Elizabeth Philipps 183

Paul S. Hudson 186



(III)



U.S. POLICY IN THE AFTERMATH OF THE
BOMBING OF PAN AM 103



THURSDAY, JULY 28, 1994

House of Representatives,
Committee on Foreign Affairs,
Subcommittee on International Security,
International Organizations and Human Rights,

Washington, DC.

The subcommittee met, pursuant to call, at 2 p.m. in room 2172,
Rayburn House Office Building, Hon. Tom Lantos (chairman of the
subcommittee) presiding.

Mr. Lantos. The Subcommittee on International Security, Inter-
national Organizations and Human Rights will be in order.

The recent wave of bombings in Argentina, Panama, and London
serve as a potent reminder of the consequences of failure to act
swiftly and decisively against terrorism. It should also remind us
that terrorists do not operate in a vacuum, but rather rely on cer-
tain nations where they know they will find safe haven after carry-
ing out their murderous acts. They must have at least tacit govern-
ment approval of planned operations and millions with which to
continue to buy the tools of death and destruction.

Pan Am flight 103 was destroyed on December 21, 1988 after ter-
rorists succeeded in having a bomb placed aboard the aircraft. That
bomb blew the aircraft apart at 31,000 feet over Lockerbie, Scot-
land, killing 259 persons on the airplane and 11 on the ground.
Thirty-five Syracuse University students were among the 189
Americans killed on that flight.

The criminal investigation has indicated that the bomb was
placed in a Toshiba radio cassette player and packed in a suitcase
loaded into the plane's baggage hold. Authorities believe that the
bomb was made of a very small quantity of Semtex, a plastic explo-
sive that cannot be reliably identified by x-ray. It was placed
aboard at Frankfurt, West Germany where the flight began.

Two and one-half years after the November 14, 1991 indictments
of two Libyan intelligence agents, Abdul Basset al-Megrahi and Al-
Amin Khalifal Fhimah for their role in the bombing, the prosecu-
tion of the case is stalled. The Libyans have refused to extradite
the two suspects and the U.N.'s minimal sanctions have done noth-
ing to alter Libya's behavior. The only way to get Qadhafi's atten-
tion is to hit him where it hurts, at Libya's petroleum economic
lifeline.

Serious questions remain about the possible involvement of Syria
and Iran in the Pan Am bombing. Although both the Bush and
Chnton administrations maintain that a lack of hard evidence pre-

(1)



eludes taking action against Syria or Iran, Ambassador Paul
Bremer, the State Department's former chief for counterterrorism,
offers this context: 'The fact that Libya is guilty does not prove
Syria's innocence. It seems to me it is quite possible that all three
of the governments, Iran, Syria, and Libya, have in some ways
their hands involved in Pan Am 103."

If the civilized world learns nothing else from the mass murder
of Pan Am 103 it must be this: Unless those nations which provide
safe haven and support to the terrorists are made to pay a price,
and I mean a heavy price, the murderers will strike again and
again. So-called economic sanctions which allow a terrorist nation
to continue to receive billions of dollars from oil production inspire
only contempt. Permitting these nations to remain in good standing
in the community of nations makes a mockery of the murder of in-
nocents.

In the 5V2 years since the Pan Am 103 bombing, the surviving
family members have experienced immense anguish and frustra-
tion in their search for truth and justice. It is my hope that today's
hearing will serve as a spur to constructive action on the part of
this administration.

Those of us who through our own life experiences have been con-
fronted with brutal and bloody mayhem will have no difficulty un-
derstanding why the Pan Am families are so persistent. If you see
your daughter or son or wife blown up through a mindless act of
terrorism by international criminals, that nightmare stays with
you for the rest of your life. It becomes the pivotal event of your
life, and all other things fade.

The most recent bombing incidents in the last few weeks graphi-
cally illustrate that the world continues to be a highly volatile and
extremely dangerous place. We are dealing with terrorists from the
darkest recesses of the Mideast who mistake patience and an atti-
tude of compromise for weakness. At long last we must apply
strongest efforts against rogue regimes that view terrorism as just
another tool of their foreign policy. The victims of Lockerbie, Bue-
nos Aires, Panama, and London demand nothing less.

I would like to call on the gentleman who has been indefatigable
in pursuant of this case, the distinguished ranking Republican of
the full Foreign Affairs Committee, Congressman Oilman of New
York.

Mr. Oilman. Thank you, Chairman Lantos. I want to thank you
and our ranking Republican member, Mr. Bereuter, and Chairman
Hamilton for making these important Pan Am 103 hearings pos-
sible here today.

After meeting earlier this year in my district with some of the
family members of the Victims of Pan Am 103 at their request, I
wrote our committee chairman, Lee Hamilton, asking for these cur-
rent hearings. Along with many of our families, I am especially
grateful, Mr. Chairman, that under your leadership these hearings
are now taking place and are a clear sign that we as a nation have
not forgotten this tragedy or have not ignored or forgotten the pain
endured by the victims of this terrible plot, the family members, for
only the families truly know and can attest to the real cost of this
cowardly and dastardly act of international terrorism.



Today we look forward to hearing just what has been done by the
administration and what further needs to be done, not only to
bring justice to those responsible for this cowardly act, but to fur-
ther the worldwide fight against the evil of international terrorism,
an evil which today we once again see rearing its ugly head around
the globe. Just within the last week we had another example of
how outrageous terrorism can be as close to 100 people perished in
Argentina at the hands of terrorists.

More than 5 years ago, the 259 innocent people aboard Pan Am
103 along with 11 others on the ground, were killed by the abomi-
nable terrorist plot. Regrettably, no one has yet regrettably been
brought to justice for this terrible cowardly act, an act against
every norm of international law and civilized society and human
decency which cannot and must not ever be forgotten; nor should
the need to seek this justice, as the President himself has said, for
those ultimately responsible for this terrible cowardly act of inter-
national terrorism ever be forgotten.

While some hope this tragic incident will fade from the world's
consciousness, the courageous Pan Am 103 victims' families — and
we think those who are here today with us — will make certain that
will not be the case. These families cannot and will not ever forget
the memories of their loved ones.

Former President Richard Nixon wrote a few years ago to a Pan
Am 103 family, in it providing valuable advice worth contemplating
here today. Mr. Nixon wrote, "I have no single answer to the prob-
lem of terrorism. But from experience, I know that our Govern-
ment's policy must be one of relentless investigation of such inci-
dents and punishment which will fit the crimes of those respon-
sible, including governments who subsidize and encourage terror-
ism for whatever reason."

Former President Nixon's advice was sound then, based on expe-
rience from a man who knew the dangers of terrorism in the world
as well as how we as a nation must be able to respond to this dead-
ly threat. This is still sound advice today.

Mr. Chairman, along with my colleagues, I look forward to to-
day's testimony. I want to thank all those involved in these hear-
ings for their leadership and courage in helping to keep the Pan
Am 103 tragedy before America's consciousness, before the world's
consciousness.

I especially welcome the families who traveled here today. I ask
consent at this time to insert in the record, Mr. Chairman, submis-
sions from some family members who could not be with us here
this afternoon and who had submitted some statements that they
wanted to be made part of the record.

Mr. Lantos. Without objection.

Mr. Oilman. Thank you, Mr. Chairman.

Mr. Lantos. Thank you Congressman Oilman. I am pleased to
call on my good friend from New Jersey, Congressman Smith, who
has had constituents involved in this tragedy and has been pursu-
ing this relentlessly.

Mr. Smith. Thank you very much, Mr. Chairman. I appreciate
your convening this hearing and the part Mr. Oilman played in re-
sponding so affirmatively to his own constituents who unfortu-
nately also have suffered as a result of this terrorist act.



Mr. Chairman, the tragic and senseless deaths of 259 passengers
of Pan Am 103 and the 11 victims on the ground is one of the most
disturbing events in recent history. Now over 5 years after this ter-
rorist act, many questions still remain unanswered and it would
seem we are no closer to bringing the terrorists to justice today
than on the day of the bombing.

Today we will hear from witnesses including Barbara Bodine
from the administration and some experts on terrorism. The most
compelling reason for us to be here today is to listen to the wit-
nesses who have suffered and been most affected by this tragic
loss.

Although we may search for answers to this tragedy and may
find them, these answers will be of little comfort to those who have
lost loved ones. Even if the terrorists are brought to justice, what
is that justice compared to the suffering which these families have
experienced each and every day since the bombing.

Still, the terrorists must be brought to justice. Mr. Chairman,
two Libyan officials, as you pointed out, have been indicted by the
United States. The U.N. Security Council imposed sanctions
against Libya to pressure the government into handing over these
officials for trial.

Yet today, nearly 3 years after the indictment, these officials re-
main in Libya under the protection of Colonel Qadhafi. Mr. Chair-
man, while these officials and others who may have been involved
in this bombing enjoy freedom and the protection of Libya, the fam-
ilies of the victims await the truth.

The families await justice. By diligently pursuing justice, I be-
lieve the families have honored the memories of their loved ones.
As they honor the memories of their family members, they are ask-
ing the administration and Congress to honor its promise to bring
to justice those responsible for this tragedy.

Of the 159 people, Mr. Chairman, who needlessly died in this
tragedy, 38 were residents of my own State of New Jersey. I know,
as you can see from the panel, some of the relatives of those vic-
tims will be here to make presentations today.

Mr. Chairman, this is a very important hearing. Hopefully it will
act as a prod to the administration. We all can always do more. We
are asking that more be done. Hopefully, we can spell that out —
outline some specifics that might be done to accelerate the bringing
to justice of these terrorists.

I thank you and yield back the balance of my time.

Mr. Lantos. Thank you very much. Before calling on our first
witness, let me thank the members of the staff that prepared this
hearing, Andrea Nelson, Jon Peterson, and Jo Weber; from the mi-
nority side, Mike Ennis.

Let me also mention this hearing had been scheduled for quite
some time, when the spate of recent terrorist attacks in Buenos
Aires, Panama, and London took place which compelled me to call
another hearing for next Monday at 10 on the most recent terrorist
episodes.

I am one of the last practitioners of the art of bipartisan foreign
policy in this body. Therefore, I am particularly pleased to an-
nounce that on Monday, the incoming Republican leader, Mr. Ging-
rich, and I, will introduce a resolution in the Congress not only



condemning these acts, but calling on the President of the United
States to convene at the summit level at the earliest possible time
an international conference on terrorism. It is long overdue that
the civilized nations of this world put this issue high on the agen-
da. I have no doubt we will have overwhelming, perhaps unani-
mous, bipartisan support for our resolution and we expect Presi-
dent Clinton to act on it.

Earlier today in this room the Secretary of State testified and in
response to my question indicated support in principal for the con-
vening of this conference. I welcome that response.

The first witness is the distinguished Coordinator for
Counterterrorism at the Department of State who has an outstand-
ing record in working effectively and diligently in this field, Ms.
Barbara Bodine. I am delighted to have you. Your prepared state-
ment will be entered in the record in its entirety. You may proceed
any way you choose.

STATEMENT OF BARBARA K. BODINE, ACTING COORDINATOR
FOR COUNTERTERRORISM, DEPARTMENT OF STATE

Ms. Bodine. Thank you for the kind words. I appreciate that. I
would like to read through the statement in order to leave the
maximum time for questions. We have tried to draft a rather brief
statement. I want to thank you again

Mr. Lantos. Could you pull the mike just a little closer?

Ms. Bodine. How is that?

Mr. Lantos. Better.

Ms. Bodine. I want to thank you for providing the Department
of State this opportunity to testify before your committee regarding
the continuing issue of Pan Am 103.

Pan Am 103 remains the focus of intensive high-level attention
and action at the Department of State. I would like to take this op-
portunity to summarize what we have done in the last year and
our expectations for the coming months.

developments in sanctions against LIBYA

The major development in terms of U.S. efforts to secure justice
for all of the Victims of Pan Am 103 and their families, many of
whom are well represented here today, was the adoption of U.N.
Security Council Resolution 883. This resolution reinforced the ex-
isting sanctions imposed on Libya in 1992 and broadened those
sanctions so that they covered preexisting financial assets, oil pro-
duction, and transport equipment.

These sanctions have now been in effect for 8 months and I be-
lieve are having an effect on the Libyan leadership. The recent
spate of efforts by Libya to find a compromise in terms of the venue
for the trial of the Pan Am 103 suspects reflects the success of our
efforts. We believe that the increasing difficulties experienced by
Libya as a result of the sanctions are causing the government to
propose alternatives, unacceptable though they may be, to a trial
in the United States or in Scotland.

The administration shares your frustration that Libya continues
to defy the Security Council and refuses to allow the suspects to
be brought to justice. However Libyan half measures such as those
proposing that the trial be held in the Hague or through the U.N.



Security Council are simply unacceptable. The United States and
the United Kingdom have looked very carefully at these propo-
sitions, but we have decided that they present insurmountable
legal and practical difficulties. We have publicly rejected these pro-
posals in the past and we do so again today.

We believe that a trial for the accused must take place either in
the United States or in Scotland. Any other formulation fails to
meet the requirements of the Security Council. They are intended
in fact to evade these requirements. Libya's proposals do not do
justice to the victims of this terrible act of mass murder. They are
instead in our view a miscarriage of justice.

COMPLIANCE WITH SANCTIONS

Libya's refusal to abide by the terms of the Security Council reso-
lutions means that the international community, led by the United
States, must enforce as strictly as possible all sanctions currently
imposed on Libya. Quite frankly, we are not satisfied with sanction
enforcement efforts by some nations. We believe that some nations
are still allowing Libya to engage

Mr. Lantos. Ms. Bodine, one of the most effective devices in
fighting international terrorism is adverse international publicity.
You are referring to some nations. Could you name those nations?

Ms. Bodine. There are a number of nations we have been having
trouble with. As an example, we are about to take a Maltese com-
pany to the sanction committee for its repeated violation of sanc-
tions. When we get the judgment from the sanctions review com-
mittee we expect, it will be then incumbent upon the Maltese Gov-
ernment to take action against this company. That would be one
example.

Mr. Lantos. Well, I am pleased to hear this. Let me tell you, as
you well know, that earlier in this session of Congress there was
overwhelming action on my resolution condemning the Government
of Malta for its allowing to go free a brutal terrorist.

Ms. Bodine. Right.

Mr. Lantos. I think Malta certainly is part of this group of na-
tions. I don't think I will be satisfied with an example. I would like
you to name as comprehensively as your memory allows and sub-
mit for the record all of the nations which in the judgment of our
State Department do not vigorously pursue the policy of sanctions.

Ms. Bodine. OK. We will provide that for you. Absolutely.

[The information follows:]

The United States is firmly committed to aggressive and comprehensive enforce-
ment of all sanctions imposed by the international community on Libya. Tight en-
forcement of existing sanctions is a critical element if the international community
is to secure total Libyan compliance with the reouirements — including the turnover
of the suspects in the Pan Am 103 bombing — enaorsed by the United Nations Secu-
rity Council.

Consistent with the requirements of the U.N. Charter, no nation has explicitly re-
fused to enforce existing United Nations Security Council sanctions against Libya.
At the same time, the United States would like to see tighter enforcement in a num-
ber of countries, most of which agree in principle but have domestic juridical prob-
lems in implementing the UNSC sanctions in the strict manner the United States
has proposed. To help strengthen enforcement of the existing sanctions, a joint State
Department and Treasury Department team visited Western Europe last month to
discuss these issues with several of our allies. The team visited tne U.K., France,
Germany, Italy, Spain and the Netherlands. I believe that the team succeeded in



heightening attention among these governments to the need for effective enforce-
ment of existing sanctions.

The United States is also seeking more vigorous enforcement by Malta and Egypt.
Towards this end, we have recently referred the case of Medavia, a company jointly
owned by Libya and Malta, to the U.N. Sanctions Committee for adjudication of a
series of actions which the United States believes violates the existing sanctions re-
gime. We have also raised our concerns over sanctions enforcement in Egypt at the
appropriate senior levels of that government.

To our knowledge, failure to adopt the sanctions against Libya into national law
is a problem in only one country: the Netherlands Antilles. We have approached the
Government of the Netherlands Antilles to urge action, as Libya has a major oil dis-
tribution company incorporated in Curacao. We have also encouraged the Govern-
ment of the Netherlands to use its influence in getting the Netherlands Antilles to
act.

Whenever we receive information that suggests violations of the sanctions are oc-
curring, we make demarches to the appropriate host government. We have made
dozens of such approaches since the first package of UNSC sanctions were imposed
on Libya, and more than 40 such demarches just since the financial sanctions
against Libya went into effect last December. In many cases our approaches — which
are often made in close coordination with the British Government — have secured ac-
tion which upholds both the letter and the spirit of the Libyan sanctions program.

Mr. Lantos. I would like you to provide the ones that you can
now.

Ms. BODINE. Let me put it this way: What we have right now is


1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

Online LibraryInternational Organizations United States. Congress. House. Committee on ForeiU.S. policy in the aftermath of the bombing of Pan Am 103 : hearing before the Subcommittees on International Security, International Organizations, and Human Rights of the Committee on Foreign Affairs, House of Representatives, One Hundred Third Congress, second session, July 28, 1994 → online text (page 1 of 21)