when will bush and company be put on trial?

War and Occupation in Iraq
Global Policy Forum and partners
January 2007

...Now, each week, there are further disturbing reports from Iraq and further evidence of international law violations and massive human suffering. Iraqi public opinion overwhelmingly favors a speedy end to the occupation, the public in the United States has signaled its disapproval of the conflict in important Congressional elections, and public officials and military commanders in Washington and London are increasingly expressing misgivings.

... This report considers in detail the many serious violations of international law under the occupation and the serious consequences for Iraqis. It also considers political and economic issues in Iraq and weighs the need for change to prevent further violence. In conclusion, it proposes a number of policy recommendations that could lead to peace and reconciliation, beginning with immediate and speedy withdrawal of the occupation forces. ...

War and Occupation in Iraq
Global Policy Forum and partners
January 2007
Note: The full report will be released shortly.
Executive Summary

1 – Introduction
On March 20, 2003, the United States and a group of allies invaded Iraq, against the opposition of the United Nations Security Council and the overwhelming majority of world public opinion. The US and its partners justified their preemptive war with claims about Iraqi weapons of mass destruction and allegations of Iraqi government ties to the al-Qaida terrorist network. These claims, already in serious doubt when the war began, later proved thoroughly unfounded.

Though US President George Bush delivered his “mission accomplished” speech on May 2, 2003, the conflict has continued for more than three and a half years. Hundreds of thousands of people are now dead or injured, more than three million are displaced, several of Iraq’s cities lie in ruins, and hundreds of billions of dollars have been spent on a failed military campaign.

While the Security Council overwhelmingly rejected the resolution to authorize the war, it later gave a mandate to the occupiers, making the US-led Coalition a UN-authorized “multinational force” (MNF). Council members then hoped that the UN would assume a “vital role” in Iraq, leading the way back to peace and international legality. But the United States allowed the UN only marginal involvement. On August 19, 2003, a truck bomb destroyed UN headquarters in Baghdad and the organization drastically reduced its presence in the country.

Now, each week, there are further disturbing reports from Iraq and further evidence of international law violations and massive human suffering. Iraqi public opinion overwhelmingly favors a speedy end to the occupation, the public in the United States has signaled its disapproval of the conflict in important Congressional elections, and public officials and military commanders in Washington and London are increasingly expressing misgivings.

This report considers in detail the many serious violations of international law under the occupation and the serious consequences for Iraqis. It also considers political and economic issues in Iraq and weighs the need for change to prevent further violence. In conclusion, it proposes a number of policy recommendations that could lead to peace and reconciliation, beginning with immediate and speedy withdrawal of the occupation forces.

2- Attacks on Cities
US Coalition forces have attacked and destroyed a number of important Iraqi cities, on grounds that they were “insurgent strongholds.” The attacks have resulted in the massive displacement of people, large civilian casualties, and colossal destruction of the urban physical infrastructure. In addition to Falluja, there have been assaults on a dozen other cities including al-Qaim, Tal Afar, Samarra, Haditha, and Ramadi. The attacks include intensive air and ground bombardment and the cutting-off of electricity, water, food and medicines. The attacks have left hundreds of thousands of people in displacement camps.

3 – Indiscriminate and Especially Injurious Weapons
US Coalition forces have used indiscriminate and especially injurious weapons that are banned by international convention or widely considered unacceptable and inhuman. The US used a napalm-type incendiary weapon as well as white phosphorous munitions, the latter against ground targets in densely populated areas. During the 2003 invasion, the US Coalition also made use of depleted uranium munitions and cluster bombs. Both violate prohibitions against weapons that cause unnecessary suffering and indiscriminate harm.

4 - Killing of Civilians, Murder and Atrocities
US military commanders have established permissive “rules of engagement” for the occupation forces, allowing troops to use “deadly force” against virtually any perceived threat. As a consequence, the US and its allies regularly kill Iraqi civilians at checkpoints and during military operations, on the basis of the merest suspicion. US Coalition forces also kill many Iraqi non-combatants during military operations and air strikes. In this environment of permissive violence, some soldiers have committed pre-meditated murder, and several shocking atrocities, such as Haditha, have come to light.

5 – Humanitarian Issues
Displaced & Refugees As of October 2006, an estimated 1.5 million Iraqis were displaced within the country and 1.6 million were refugees abroad. The Iraqi government estimates that 50,000 people are leaving their homes each month, joining 365,000 who have become internally displaced since February. The scale of the problem and the difficulty of reaching the displaced put the crisis practically beyond the capacity of the international relief system. Mortality A very large number of Iraqis have died under the occupation and the rate of mortality has risen sharply. In addition to combat deaths, Coalition forces have killed many Iraqi civilians. Iraqis have also died because of the disintegration of the health care system, as well as violence by militias, gangs, and death squads. A recent study estimates more than a half million “excess” deaths since 2003. Long-term injuries are likely to affect far more.

6 – Detention and Prisons
The US Coalition and its Iraqi government partners have held a large number of Iraqi citizens in “security detention” without charge or trial, in direct violation of international law. No Iraqi is safe from arbitrary arrest and the number of prisoners has risen greatly since 2003. Twenty-nine thousand detainees now lack fundamental rights and they are kept in deplorable physical conditions, many for long periods. US commanders have refused International Red Cross inspections and they have turned over thousands of detainees to Iraqi authorities whose prisons are seriously lacking compliance with human rights standards.

7 – Prisoner Abuse and Torture
United States forces, in charge of nearly all Coalition prisons, have criminally abused and tortured large numbers of Iraqi prisoners. Hundreds of Iraqis have suffered from this inhuman treatment and some have died as a direct result. Torture has taken place in many sites across Iraq, including central prisons like Abu Ghraib, secret interrogation centers and dozens of local facilities, as well as torture increasingly taking place in Iraqi prisons.

8 - Cultural Heritage Destroyed
The United States and its allies ignored the warnings of organizations and scholars concerning the protection of Iraq’s cultural heritage, including museums, libraries, archaeological sites and other precious repositories. Arsonists badly burned the National Library and looters pillaged the National Museum. Looters also damaged or destroyed many historic buildings and artifacts. The US badly damaged the archeological site of ancient Babylon by constructing a military base on top of it. Occupation forces destroyed or badly damaged many historic urban areas and buildings, while thieves have ruined thousands of incomparable, unprotected archeological sites.

9 - Oil
Throughout the occupation, Washington has placed a high priority on shaping Iraq’s future oil laws and guiding contract distributions, so that the most lucrative fields will fall into the hands of favored companies, particularly US and UK firms. These multinational oil giants (whose Iraq interests were nationalized in 1961/1972) have been keen to return to the country, with its enormously profitable, unexploited fields. Because oil nationalism runs strong in Iraq, Washington is motivated to continue the occupation until the oil legislation is in place, Production Sharing Agreements are signed and a tough but friendly government guarantees the oil flow.

10 – Massive Corruption
Under the control or influence of US authorities, public funds in Iraq have been drained by massive corruption and stolen oil, leaving the country unable to provide basic services and incapable of rebuilding. Billions of dollars have disappeared. To avoid accountability, the US and UK undercut the UN-mandated International Advisory and Monitoring Board. Iraq has suffered from stolen cash, padded contracts, cronyism, bribes and kickbacks, waste and incompetence, as well as shoddy and inadequate contract performance. Major contractors, mostly politically-connected US firms, have made billions in profits.

11 – Long-Term Military Bases & the New Embassy
The United States has been building enormous long-term military bases in Iraq as well as a mammoth embassy complex in the heart of Baghdad. Though Washington denies that the bases are “permanent” or that the vast new embassy has a hegemonic purpose, the elaborate multi-billion dollar construction projects suggest strategic investment for long-term operational use. Surrounded by elaborate perimeter security systems, provided with their own water and electricity, and fitted out with restaurants, swimming pools and movie theaters, these islands of US power in the heart of the country have come to symbolize the occupation.

12 – Impunity
The United States has established broad legal immunity in Iraq for its military forces, for private security personnel, for foreign military and civilian contractors, and even for the oil companies doing business with Iraq. No matter what crimes the occupiers commit, Iraqis now or in the future face legal barriers if they seek accountability. US Presidential Executive Order 13303, Order 17 of the Coalition Provisional Authority, and other official dicta, shield occupation personnel from arrest, detention, prosecution or punishment. While the US and its occupation allies have applied limited legal reckoning in a few flagrant cases that became known to the public, punishment has been light and those with command responsibility have remained beyond the law.

13 – Conclusion
Iraq has sustained huge costs – including vast physical destruction, loss of life, injury, and trauma as well as lost economic production and lost oil revenue. The United States has spent approximately $400 billion in direct government appropriations for the conflict as of December, 2006. US federal budget costs have risen from about $4 billion per month in 2003 to more than $8 billion per month in late 2006. According to one estimate, total US costs, including future spending, interest on the national debt, veterans’ medical costs and other factors, have already passed $1 trillion and another estimate puts total cost at nearly $2 trillion.

Opinion polls in Iraq show that the occupation has become increasingly and decisively unpopular. Even polls commissioned by the US and UK governments demonstrate clearly that a large majority of Iraqis are critical and favor a speedy withdrawal. By a large margin, Iraqis now feel that the occupation increases insecurity and sectarian violence. More than ever, Iraqis overwhelmingly want the occupation to end.

Iraqis have sought broad reconciliation as a means to overcome sectarian conflicts and end the occupation. Real reconciliation is difficult, as it must bring together very diverse political groups, including Baathists, Kurdish nationalists, resistance fighters, Islamists, secular parties, trade unionists and many others. Still, several meetings of this type have taken place – in Amman, Cairo and Baghdad. On June 25, 2006, the al-Maliki government announced a “National Reconciliation Plan,” but the US opposed key elements of the deal (including a withdrawal timetable and a broad amnesty). Iraqi leaders have been unable, thus far, to move beyond the stalemate. Inter-communal violence has continued to rise.


***
The occupiers are not the sole cause of Iraq’s ills. But those who started the war and occupation – particularly the US and the UK – are responsible for the false claims they made, the illegal pre-emptive war that they waged and the vast destruction they have wrought. They are also responsible for the chaotic and violent conditions they have largely provoked and the grave violations of international law which they have systematically committed.

The road ahead is very difficult. Iraq will not easily recover and achieve stability. But there are clear steps that can begin a resolution of the conflict. The international community must end the complicity of silence and vigorously address the Iraq crisis. The Security Council must assume its responsibilities and consider alternatives for the future. The following policy recommendations suggest a path forward:


The occupiers must immediately withdraw all their forces from Iraq.

Withdrawal must be governed by a clear and speedy timetable and it must be complete, with no residual forces or bases and with no conditions.

Iraqis should engage in comprehensive and broadly-inclusive negotiations to arrive at a plan for security and peaceful government of the national territory. The United Nations could provide assistance for this process.

All armed groups and militias must agree to a ceasefire and a disarmament process. As occupation forces withdraw, these groups should turn in their weapons and disband, as part of the national peace and reconciliation plan.

Occupation forces and the Iraqi government should speedily release all “security detainees” who have not been charged with a crime; an amnesty of others being held in connection with the post-invasion conflict should also be considered.

The Security Council should end the MNF mandate at the earliest opportunity and plan for a stable transition in Iraq, respecting international law.

A UN peacekeeping force could assist with the transition, by monitoring the ceasefire, strengthening local police forces and the judicial system, and organizing fully-credible elections.

New elections should be held in Iraq after the end of the occupation, based on international electoral standards and subject to international observers; a new (or revised) constitution would be a necessary part of the reconciliation plan.

The international community should assist with reconstruction and rebuilding of Iraq’s infrastructure and badly-damaged cities, as well as the speedy resettlement (and guaranteed security) of those who have been displaced.

No new oil laws and contracts should be adopted until peaceful, post-occupation conditions guarantee a full and democratic national debate about the future of Iraq’s most important natural resource.