[News] World Tribunal on Iraq - Findings
News at freedomarchives.org
News at freedomarchives.org
Tue Jun 28 08:54:44 EDT 2005
Also see below:
<http://www.truthout.org/docs_2005/printer_062705A.shtml#1#1>Preliminary
Declaration of the Jury of Conscience World Tribunal on Iraq
<http://www.worldtribunal.org/main/?b=93>Go to Original
Tribunal on Iraq Findings
World Tribunal on Iraq
Monday 27 June 2005
The attack on Iraq is an attack on justice, on liberty, on our safety, on
our future, on us all - The Jury of Conscience
Istanbul, 27 June, 2005 - With a Jury of Conscience from 10 different
countries hearing the testimonies of 54 members of the Panel of Advocates
who came from across the world, including Iraq, the United States and the
United Kingdom, this global civil initiative came to an end with a press
conference at the Hotel Armada where the chair of the Jury of Conscience,
Arundathi Roy, announced the Jury's conclusions.
The Jury defined this war as one of the most unjust in history: 'The
Bush and Blair administrations blatantly ignored the massive opposition to
the war expressed by millions of people around the world. They embarked
upon one of the most unjust, immoral, and cowardly wars in history. The
Anglo-American occupation of Iraq of the last 27 months has led to the
destruction and devastation of the Iraqi state and society. Law and order
have broken down completely, resulting in a pervasive lack of human
security; the physical infrastructure is in shambles; the health care
delivery system is a mess; the education system has ceased to function;
there is massive environmental and ecological devastation; and, the
cultural and archeological heritage of the Iraqi people has been desecrated.'
On the basis of the preceding findings and recalling the Charter of
the United Nations and other legal documents, the jury has established the
following charges against the Governments of the US and the UK:
* Planning, preparing, and waging the supreme crime of a war of
aggression in contravention of the United Nations Charter and the Nuremberg
Principles.
* Targeting the civilian population of Iraq and civilian infrastructure
* Using disproportionate force and indiscriminate weapon systems
* Failing to safeguard the lives of civilians during military
activities and during the occupation period thereafter
* Using deadly violence against peaceful protestors
* Imposing punishments without charge or trial, including collective
punishment
* Subjecting Iraqi soldiers and civilians to torture and cruel,
inhuman, or degrading treatment
* Re-writing the laws of a country that has been illegally invaded and
occupied
* Willfully devastating the environment
* Actively creating conditions under which the status of Iraqi women
has seriously been degraded
* Failing to protect humanity's rich archaeological and cultural
heritage in Iraq
* Obstructing the right to information, including the censoring of
Iraqi media
* Redefining torture in violation of international law, to allow use of
torture and illegal detentions
The Jury also established charges against the Security Council of
United Nations for failing to stop war crimes and crimes against humanity
among other failures, against the Governments of the Coalition of the
Willing for collaborating in the invasion and occupation of Iraq, against
the Governments of Other Countries for allowing the use of military bases
and air space and providing other logistical support, against Private
Corporations for profiting from the war, against the Major Corporate Media
for disseminating deliberate falsehoods and failing to report atrocities.
The Jury also provided a number of recommendations that include
recognising the right of the Iraqi people to resist the illegal occupation
of their country and to develop independent institutions, and affirming
that the right to resist the occupation is the right to wage a struggle for
self-determination, freedom, and independence as derived from the Charter
of the United Nations, we the Jury of Conscience declare our solidarity
with the people of Iraq and the immediate and unconditional withdrawal of
the coalition forces from Iraq.
The Istanbul session of the WTI lasted three days and presented
testimony on the illegality and criminal violations in the U.S. pretexts
for and conduct of this war. The expert opinion, witness testimony, video
and image evidence addressed the impact of war on civilians, the torture of
prisoners, the unlawful imprisonment of Iraqis without charges or legal
defence, the use of depleted uranium weapons, the effects of the war on
Iraq's infrastructure, the destruction of Iraqi cultural institutions and
the liability of the invaders in international law for failing to protect
these treasures of humanity.
The session in Istanbul was the culminating session of commissions of
inquiry and hearings held around the world over the past two years.
Sessions on different topics related to the war on Iraq were held in
London, Mumbai, Copenhagen, Brussels, New York, Japan, Stockholm, South
Korea, Rome, Frankfurt, Geneva, Lisbon and Spain.
They have compiled a definitive historical record of evidence on the
illegality of the invasion and occupation that will be recorded in a
forthcoming book.
<http://www.worldtribunal.org/main/?b=91>Go to Original
Preliminary Declaration of the Jury of Conscience World Tribunal on Iraq
Istanbul
27th June 2005, Istanbul
In February 2003, weeks before war was declared on Iraq, millions of
people protested in the streets of the world. That call went unheeded. No
international institution had the courage or conscience to stand up to the
aggression of the US and UK governments. No one could stop them. It is two
years later now. Iraq has been invaded, occupied, and devastated. The
attack on Iraq is an attack on justice, on liberty, on our safety, on our
future, on us all. We the people of conscience decided to stand up. We
formed the World Tribunal on Iraq, to demand justice and a peaceful future.
The legitimacy of the World Tribunal on Iraq is located in the
collective conscience of humanity. This, the Istanbul session, was the
culmination of a series of 20 hearings held in different cities of the
world focusing on the illegal invasion and occupation of Iraq.
We the Jury of Conscience, from 10 different countries, met in
Istanbul. We heard 54 testimonies from a panel of advocates and witnesses
who came from across the world, including from Iraq, the United States and
the United Kingdom.
The World Tribunal on Iraq met in Istanbul from 24-26th of June 2005.
The principal objective of the WTI is to tell the truth about the Iraq war
as clearly as possible, and to draw conclusions that underscore the
accountability of those responsible and underline the significance of
justice for the Iraqi people. Saddam Hussein's crimes against his people
are not the focus of this Tribunal. We believe it is up to the Iraqi people
to investigate these crimes in an independent and free trial.
I. Overview
1. The reasons given by the US and UK governments for the illegal
invasion and occupation of Iraq in March 2003 have proven to be false. The
real motive was to control and dominate the Middle East. Establishing
hegemony over the Middle East serves the goal of controlling the world's
largest reserves of oil and strengthening the position of the US's
strategic ally Israel.
2. Blatant falsehoods about the presence of weapons of mass
destruction in Iraq and a link between Al Qaeda terrorism and the Saddam
Hussein régime were manufactured in order to create public support for a
"preemptive" assault upon a sovereign independent nation.
3. Iraq has been under siege for years. The imposition of severe
inhuman economic sanctions at the end of the first Gulf war in 1991; the
establishment of no-fly zones in the Northern and Southern parts of Iraq;
and the concomitant bombing of the country were all aimed at degrading and
weakening Iraq's human and material resources and capacities in order to
facilitate its subsequent invasion and occupation. In this enterprise the
US and British leaderships had the endorsement of a complicit UN Security
Council.
4. In pursuit of their agenda of empire, the Bush and Blair blatantly
ignored the massive opposition to the war expressed by millions of people
around the world. They embarked upon one of the most unjust, immoral, and
cowardly wars in history.
5. The Anglo-American occupation of Iraq of the last 27 months has led
to the destruction and devastation of the Iraqi state and society. Law and
order have broken down completely, resulting in a pervasive lack of human
security; the physical infrastructure is in shambles; the health care
delivery system is a mess; the education system has ceased to function;
there is massive environmental and ecological devastation; and, the
cultural and archeological heritage of the Iraqi people has been desecrated.
6. The occupation has intentionally exacerbated ethnic and
confessionnal divisions in Iraqi society, with the aim of undermining
Iraq's identity and integrity as a nation. This is in keeping with the fam
liar imperial policy of divide and rule.
7. The imposition of the UN sanctions in 1991 caused untold suffering
and thousands of deaths. The situation has worsened after the occupation.
At least 100,000 civilians have been killed; 60,000 are being held in US
custody in inhuman conditions, without charges; thousands have disappeared;
and torture has become virtually routine.
8. The privatization, deregulation, and liberalization of the Iraqi
economy has transformed the country into a client economy that serves the
Washington Consensus. The occupying forces have also accomplished their
primary goal of acquired control over the nation's oil.
9. Any law or institution created under the aegis of occupation is
devoid of both legal and moral authority. The recently concluded election,
the Constituent Assembly, the current government, and the drafting
committee for the Constitution are therefore all illegitimate.
10. There is widespread opposition to the occupation. Political,
social, and civil resistance through peaceful means is subjected to
repression by the occupying forces. It is the brutality of the occupation
that has provoked a strong armed resistance and certain acts of
desperation. By the principles embodied in the UN Charter and in
international law, the popular national resistance to the occupation is
legitimate and justified. It deserves the support of people everywhere who
care for justice and freedom.
II. Findings and Charges
On the basis of the preceding findings and recalling the Charter of
the United Nations and other legal documents quoted in the appendix, the
jury has established the following charges.
A. Against the Governments of the US and the UK
1. Planning, preparing, and waging the supreme crime of a war of
aggression in contravention of the United Nations Charter and the Nuremberg
Principles.
Evidence for this can be found in the leaked Downing Street Memo of 23rd
July, 2002 in which it was revealed that: "military action was now seen as
inevitable. Bush wanted to remove Saddam through military action, justified
by the conjunction of terrorism and WMD. But the intelligence and facts
were fixed around the policy." Intelligence was manufactured to willfully
deceive the people of the US, the UK, and their elected representatives.
2. Targeting the civilian population of Iraq and civilian
infrastructure, by intentionally directing attacks upon civilians and
hospitals, medical centers, residential neighborhoods, electricity
stations, and water purification facilities in violation of the Geneva
Conventions of 1949 and the International Covenant for Civil and Political
Rights ("ICCPR"), Articles 7(1)(a), 8(2)(a)(i), and 8(2)(b)(i). The
complete destruction of the city of Falluja in itself constitutes a glaring
example of such crimes.
3. Using disproportionate force and indiscriminate weapon systems,
such as cluster munitions, incendiary bombs, depleted uranium (DU), and
chemical weapons. Detailed evidence was presented to the Tribunal by expert
witnesses that leukemia had risen sharply in children under the age of five
residing in those areas which had been targeted by DU weapons.
4. Failing to safeguard the lives of civilians during military
activities and during the occupation period thereafter, in violation of the
Fourth Geneva Convention, Articles 13 and 27, and the ICC Statute, Articles
7 (1)(a) and 8(2)(a)(i). This is evidenced, for example, by "shock and awe"
bombing techniques and the conduct of occupying forces at checkpoints.
5. Using deadly violence against peaceful protestors, beginning with,
among others, the April 2003 killing of more than a dozen peaceful
protestors in Falluja.
6. Imposing punishments without charge or trial, including collective
punishment, on the people of Iraq, in violation of the International
Convention on Civil and Political Rights (ICCPR), Geneva Conventions, and
customary international law requiring due process. Repeated testimonies
pointed to "snatch and grab" operations, disappearances, and assassinations.
7. Subjecting Iraqi soldiers and civilians to torture and cruel,
inhuman, or degrading treatment in violation of the Geneva Conventions, the
ICCPR, other treaties and covenants, and customary international law.
Degrading treatment includes subjecting Iraqi soldiers and civilians to
acts of racial, ethnic, religious, and gender discrimination, as well as
denying Iraqi soldiers Prisoner of War status as required by the Geneva
Convention. Abundant testimony was provided of unlawful arrests and
detentions, without due process of law. Well known and egregious examples
occurred in Abu Ghraib prison as well as in Mosul, Camp Bucca, and Basra.
The employment of mercenaries and private contractors to carry out torture
has served to undermine accountability.
8. Re-writing the laws of a country that has been illegally invaded
and occupied, in violation of international covenants on the
responsibilities of occupying powers, in order to amass illegal profits
(through such measures as Order 39, signed by L. Paul Bremer III for the
Coalition Provisional Authority, which allows foreign investors to buy and
takeover Iraq's state-owned enterprises and to repatriate 100 percent of
their profits and assets at any point) and to control Iraq's oil. Evidence
listed a number of corporations that had profited from such transactions.
9. Willfully devastating the environment, contaminating it by depleted
uranium (DU) weapons, combined with the plumes from burning oil wells, as
well as huge oil spills, and destroying agricultural lands. Deliberately
disrupting the water and waste removal systems, in a manner verging on
biological-chemical warfare. Failing to prevent the looting and dispersal
of radioactive material from nuclear sites. Extensive documentation is
available on air, water pollution, land degradation, and radiological
pollution.
10. Actively creating conditions under which the status of Iraqi women
has seriously been degraded contrary, to the repeated claims of the leaders
of the coalition forces. Women's freedom of movement has been severely
limited, restricting their access to education, livelihood, and social
engagement. Testimony was provided that sexual violence and sex trafficking
have increased since the occupation of Iraq began.
11. Failing to protect humanity's rich archaeological and cultural
heritage in Iraq, by allowing the looting of museums and established
historical sites and positioning military bases in culturally and
archeologically sensitive locations. This took place despite prior warnings
from UNESCO and Iraqi museum officials.
12. Obstructing the right to information, including the censoring of
Iraqi media, such as newspapers (e.g., al-Hawza, al-Mashriq, and
al-Mustaqila) and radio stations (Baghdad Radio), targeting international
journalists, imprisoning and killing academics, intellectuals and scientists.
13. Redefining torture in violation of international law, to allow use
of torture and illegal detentions, including holding more than 500 people
at Guantánamo Bay without charging them or allowing them any access to
legal protection, and using "extraordinary renditions" to send people to
torture in other countries known to commit human rights abuses and torture
prisoners.
B. Against the Security Council of United Nations
1. Failing to protect Iraq against a crime of aggression.
2. Imposing harsh economic sanctions on Iraq, despite knowledge that
sanctions were directly contributing to the massive loss of civilian lives
and harming innocent civilians.
3. Allowing the United States and United Kingdom to carry out illegal
bombings in the no-fly zones, using false pretense of enforcing UN
resolutions, and at no point allowing discussion in the Security Council of
this violation, and thereby being complicit and responsible for loss of
civilian life and destruction of Iraqi infrastructure.
4. Allowing the United States to dominate the United Nations and hold
itself above any accountability by other member nations.
5. Failure to stop war crimes and crimes against humanity by the
United States and its coalition partners in Iraq.
6. Failure to hold the United States and its coalition partners
accountable for violations of international law during the occupation, and
giving official recognition to the occupation, thereby legitimizing an
illegal invasion and becoming a collaborator in an illegal occupation.
C. Against the Governments of the Coalition of the Willing
Collaborating in the invasion and occupation of Iraq.
D. Against the Governments of Other Countries
Allowing the use of military bases and air space, and providing other
logistical support, for the invasion and occupation.
E. Against Private Corporations
Profiting from the war with complicity in the crimes described above, of
invasion and occupation.
F. Against the Major Corporate Media
1. Disseminating the deliberate falsehoods spread by the governments
of the US and the UK and failing to adequately investigate this
misinformation. This even in the face of abundant evidence to the contrary.
Among the corporate media houses that bear special responsibility for
promoting the lies about Iraq's weapons of mass destruction, we name the
New York Times, in particular their reporter Judith Miller, whose main
source was on the payroll of the CIA. We also name Fox News, CNN and the BBC.
2. Failing to report the atrocities being committed against Iraqi
people by the occupying forces.
III. Recommendations
Recognising the right of the Iraqi people to resist the illegal
occupation of their country and to develop independent institutions, and
affirming that the right to resist the occupation is the right to wage a
struggle for self-determination, freedom, and independence as derived from
the Charter of the United Nations, we the Jury of Conscience declare our
solidarity with the people of Iraq.
We recommend:
1. The immediate and unconditional withdrawal of the coalition forces
from Iraq;
2. That coalition governments make war reparations and pay
compensation to Iraq for the humanitarian, economic, ecological, and
cultural devastation they have caused by their illegal invasion and
occupation;
3. That all laws, contracts, treaties, and institutions established
under occupation which the Iraqi people deem inimical to their interests,
should be considered null and void;
4. That the Guantanamo Bay prison and all other offshore US military
prisons be closed immediately; that the names of the prisoners be
disclosed, that they receive POW status, and receive due process;
5. That there be an exhaustive investigation of those responsible for
crimes of aggression and crimes against humanity in Iraq, beginning with
George W. Bush, President of the United States of America; Tony Blair,
Prime Minister of the United Kingdom; and other government officials from
the coalition of the willing;
6. That we initiate a process of accountability to hold those morally
and personally responsible for their participation in this illegal war,
such as journalists who deliberately lied, corporate media outlets that
promoted racial, ethnic and religious hatred, and CEOs of multinational
corporations that profited from this war;
7. That people throughout the world launch actions against US and UK
corporations that directly profit from this war. Examples of such
corporations include Halliburton, Bechtel, Carlyle, CACI Inc., Titan
Corporation, Kellog, Brown and Root (subsidiary of Halliburton), DynCorp,
Boeing, ExxonMobil, Texaco, British Petroleum. The following companies have
sued Iraq and received "reparation awards": Toys R Us, Kentucky Fried
Chicken, Shell, Nestlé, Pepsi, Phillip Morris, Sheraton, Mobil. Such
actions may take the form of direct actions such as shutting down their
offices, consumer boycotts, and pressure on shareholders to divest.
8. That soldiers exercise conscience and refuse to enlist and
participate in an illegal war. Also that countries provide conscientious
objectors political asylum.
9. That the international campaign for dismantling all US military
bases abroad be reinforced.
10. That people around the world resist and reject any effort by any
of their governments to provide material, logistical, or moral support to
the occupation of Iraq.
We, the Jury of Conscience, hope that the specificity of these
recommendations will lay the groundwork required for a world where the
international institutions will be shaped and reshaped by the will of
people and not fear and self-interest, where journalists and intellectuals
will not remain mute, where the will of the people of the world will be
central, and human security will prevail over state security and corporate
profits.
Appendix: List of Legal Documents
The Universal Declaration of Human Rights (1948)
The Convention on the Political Rights of Women (1952)
The Declaration of the Rights of the Child (1959)
The Declaration on the Elimination of All Forms of Racial
Discrimination (1963)
The International Covenant on Civil and Political Rights (1966)
The Declaration on the Elimination of All Forms of Discrimination
Against Women (1979)
The Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1984)
The Convention on the Rights of the Child (1989)
The Rome Statute of the International Criminal Court (1998)
The European Convention on Human Rights and Fundamental Freedoms (1950)
The American Convention on Human Rights (1969)
The Code of Conduct for the Armed Forces of the United States of
America (1963)
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