War Crimes
Summary
Saddam Hussein and his closest aides have committed a long list of criminal violations of international humanitarian law and the laws and customs of war. Saddam Hussein and his closest aides should be investigated, indicted, and prosecuted for these crimes.
The goal of the United States is to see Saddam indicted by an international tribunal. We are gathering our own evidence against Saddam and providing support to groups working on Iraqi war crimes issues.
War Crimes and Crimes Against Humanity</P
Saddam Hussein seized power in 1979. The list of war crimes and crimes against humanity committed by Saddam Hussein and his regime is a long one. It includes:
• The use of poison gas and other war crimes against Iran and the Iranian people during the 1980-88 Iran-Iraq war. Iraq summarily executed thousands of Iranian prisoners of war as a matter of policy.
• The "Anfal" campaign in the late 1980's against the Iraqi Kurds, including the use of poison gas on cities. In one of the worst single mass killings in recent history, Iraq dropped chemical weapons on Halabja in 1988, in which as many as 5,000 people -- mostly civilians -- were killed.
• Crimes against humanity and war crimes arising out of Iraq's 1990-91 invasion and occupation of Kuwait.
• Crimes against humanity and possibly genocide against Iraqi Kurds in northern Iraq. This includes the destruction of over 3,000 villages. The Iraqi government's campaign of forced deportations of Kurdish and Turkomen families to southern Iraq has created approximately 900,000 internally displaced citizens throughout the country.
• Crimes against humanity and possibly genocide against Marsh Arabs and Shi'a Arabs in southern Iraq. Entire populations of villages have been forcibly expelled. Government forces have burned their houses and fields, demolished houses with bulldozers, and undertaken a deliberate campaign to drain and poison the marshes. Thousands of civilians have been summarily executed.
• Possible crimes against humanity for killings, ostensibly against political opponents, within Iraq.
Holding Saddam Accountable
The United States wants to see Saddam and his close aides investigated, indicted, and if possible, prosecuted by an international tribunal. The Yugoslav war crimes tribunal's May 1999 indictment of Slobodan Milosevic for crimes against the Muslim Kosovar Albanian people shows that when crimes are committed on the scale that Saddam Hussein has committed them, justice should be done not just in the name of the victims, but in the name of all humanity.
The United States is helping international efforts to gather evidence.
• The U.S. Government helped human rights and opposition groups collect 5.5 million pages of captured Iraqi documents from the "Anfal" campaign against the Iraqi Kurds in the 1980's. These documents show the routine nature of the atrocities and abuses committed by Saddam Hussein's regime against the Iraqi people. These documents are being catalogued, indexed, and electronically transcribed for use by investigators and prosecutors.
• Tens of thousands of pages of Iraqi documents captured during Operation Desert Storm in 1991 are also now being indexed and computerized. The originals themselves will be returned to Kuwait and computerized copies will be made available to human rights groups, scholars, investigators and prosecutors.
• The U.S. has large amounts of information on Iraq's campaign to destroy the Southern Marshes and repression of the people of southern Iraq.
• We are preserving videotapes of Iraqi war crimes that can be used for eventual prosecution of Iraqi war crimes. The United States also has classified documents, some of which can be declassified and shared with an international tribunal or commission.
Saddam Hussein's Iraq is a brutal police state and so the collection of evidence of the crimes of the regime is difficult to obtain. Opposition groups work with great courage to bring this news to the world. We are working with Iraqi opposition and human rights groups in support of their efforts to collect additional evidence of Saddam's war crimes. Opposition and human rights groups' efforts include:
• Locating witnesses to Iraqi war crimes and help build evidence that could be used to justify the arrest of senior Iraqi officials traveling outside the country.
• Helping analyze captured Iraqi documents and translate them so that the world can be educated about Iraqi war crimes.
The U.S. Government is providing grants to a number of NGO's working on Iraqi war crimes issues. Grants have been provided for gathering evidence, translating captured Iraqi documents written in Arabic into other languages, making evidence of Iraqi war crimes available on the Internet, and taking steps to preserve written, visual and testimonial evidence of the crimes committed by Saddam Hussein's regime.
International efforts to draw attention to the war crimes record of the Iraqi regime has already begun:
• Efforts were made to arrest Izzat Ibrahim, Vice Chairman of the Revolutionary Command Council, while he was visiting Austria in August of 1999.
• A few weeks later, Iraqi Deputy Prime Minister Tariq Aziz decided not to travel to Italy to attend a conference entitled, "Peace, Prosperity, and an End to War." As one human rights group said, "The only suitable venue for Tariq Aziz to express his opinions is that of a courtroom where we will all have a chance to hear about his government's record on peace, prosperity and war."
Photo 9: click here or on image for enlargement and caption.
Holds On Oil-For-Food Contracts
Summary
Over 94% of all requested oil-for-food goods have been approved. That is $8.9 billion worth of humanitarian items for the Iraqi people. No holds are placed on food and medicine.
The 6% of goods, which are on hold, include contracts for dual-use items that Iraq can use to rebuild its military capabilities. Holds are placed on contracts that do not have enough information to determine whether they include dual-use items. Once that information is provided, these holds are often released. In other cases, holds are placed on contracts submitted by firms with a record of sanctions violations.
Contract holds are not the problem. It is Saddam Hussein who continues to reject UN recommendations for ordering adequate amounts of food and other basic humanitarian goods. Instead, he seeks to use the oil-for-food program to rebuild his army and export oil in order to build palaces and obtain luxuries for his family and regime supporters. Holds on inappropriate contracts help prevent the diversion of oil-for-food goods to further Saddam's personal interests.
Only A Small Number Of Contracts On Hold...
Proposed oil-for-food contracts must be approved by all members of a committee made up of Security Council member states. Only a small number of such contracts are put on hold.
• Since its inception, the Sanctions Committee has approved 94% of all requested oil-for-food goods. That is over $8.9 billion worth of contracts.
• The Sanctions Committee has put holds on less than 6% of the goods submitted to it. NONE OF THE CONTRACTS ON HOLD ARE FOR FOOD. Iraq now imports about as much food as it did before the Gulf War.
• Over 9,200 contracts have been reviewed by the Sanctions Committee; all but 694 have been approved. Many of these 694 contracts are delayed pending receipt of additional information from the contracting companies.
• Iraq usually delays submission to the UN of the list of goods it wants to order during each six-month phase of the oil-for-food program until the last minute. In this way it tries to sneak in proscribed items by forcing the UN either to halt the flow of oil-for-food goods or to approve dubious contracts.
• The United States takes its responsibilities very seriously and reviews each proposed oil-for-food contract thoroughly.
• We know that the Iraqi regime is trying to use the program to import dual-use items for military uses rather than for their intended purpose of relieving the suffering of the Iraqi people. The U.S., in reviewing oil-for-food contracts, cannot and will not ignore the known intentions of the government of Iraq to obtain weapons, including chemical and biological weapons. These intentions have been demonstrated repeatedly in the past nine years.
Photo 10: click here or on image for enlargement and caption
... And For Good Reasons
Contracts should not be blocked without serious cause. There are good reasons why each delayed contract has been put on hold.
• The most frequent reason for placing a hold on a contract is the information that accompanies the contract. There are currently over 250 contracts on hold because the technical information or the end-use information in the contract is insufficient to judge the dual-use potential of the ordered goods.
• The United States has placed a hold on over 200 contracts that include dual-use items. The Security Council has created a list of items which can be used to build weapons of mass destruction and which the Security Council has said must be monitored by UNSCOM or the IAEA. With Iraq blocking those agencies from performing these missions, it would be dangerous to allow dual-use items into Iraq.
• There are 55 contracts on hold which are destined for the Basrah refinery, where Iraq produces gasoil which it smuggles out of Iraq in violation of UN sanctions. The profits from this illicit trade are used by the government of Iraq to procure items prohibited by sanctions, including luxuries for members of Saddam's inner circle, and continued construction of elaborate palaces.
• There are 90 contracts on hold because we have information that they are linked to a company that is operating or has operated in violation of sanctions.
• Another 14 contracts are on hold because the goods are destined for an oil export facility, which does not have the required UN authorization to operate.
• Another 23 contracts are on hold because they contain financial terms that the Committee agreed are not allowed under Security Council resolutions.
Iraqi Obstruction Of The Oil-For-Food Program
Despite the Iraqi regime's persistent efforts to obstruct the oil-for-food program and manipulate it for the purposes of rewarding Saddam's supporters, the United States is committed to doing everything we can to see that the program benefits the Iraqi people.
• The Iraqi government continues to smuggle goods out of Iraq to get revenue for its illicit activities. In addition to illegally exporting oil and gasoil, twice in the last three months ships have been caught trying to smuggle tons of food and nursing supplies out of Iraq to get hard currency for the Iraqi regime.
• Although the primary responsibility for the well-being of the Iraqi people lies with the Government of Iraq, the Iraqi government spends the revenue it controls on goods not permitted under sanctions, including luxury items for the regime's inner circle, rather than the needs of the Iraqi people. Contrary to recommendations from the UN, it drags its heels in ordering nutritional supplements and other humanitarian goods needed by the people of Iraq.
• Stark evidence of the government's callous policies was documented in a recent UNICEF survey, which found that child mortality rates doubled in South and Central Iraq, where Saddam Hussein controls distribution of humanitarian assistance, but child mortality rates actually dropped in the North, where the UN controls distribution.
Iraq Omnibus Resolution
Summary
This resolution reaffirms Iraq's obligations to disarm, to provide for the needs of its people, to account for Gulf War missing and to return stolen Kuwaiti property. All members of the UN Security Council have agreed, again, that these obligations on Iraq are unsatisfied and continue.
The resolution establishes a new disarmament body and monitoring body -- UNMOVIC -- that maintains UNSCOM's mandate, rights, facilities and immunities. It also includes measures to ensure that -- despite Saddam Hussein's best efforts to prevent it -- the people of Iraq receive the humanitarian goods they require. Iraq can sell as much oil as it needs to meet the humanitarian needs of the Iraqi people, but all revenue remains under UN control.
No Council members voted against this resolution. All Council members are committed to implementation. This resolution was adopted under Chapter VII of the UN charter. It is obligatory, even with abstentions.
Disarmament
The resolution establishes the UN Monitoring and Verification Commission, UNMOVIC.
• A subsidiary body of the Security Council, UNMOVIC retains UNSCOM's mandate, rights, privileges, facilities and immunities.
• The UN Secretary General (SYG) will nominate, and the Security Council will approve, the UNMOVIC Executive Chairman, who with the SYG, sets up UNMOVIC.
• UNMOVIC and IAEA submit work programs for Council approval (includes monitoring plan and key disarmament tasks). Overall IAEA role unchanged.
• Iraq must fulfill key disarmament tasks. Iraq must cooperate with inspectors in all respects: monitoring and unresolved disarmament issues. Iraq must allow access for any inspection.
Sanctions
If Iraq fulfills key disarmament tasks and cooperates with inspectors for 120 days after reinforced monitoring is fully operational, the Council could act to suspend sanctions, provided that appropriate controls are in place.
• There will be no change in sanctions unless Iraq cooperates and fulfills key disarmament tasks.
• If Iraq fulfills key disarmament tasks and cooperates in all respects with arms inspection teams for 120 days after reinforced monitoring is fully operational, the Security Council will consider a temporary suspension of export and import sanctions -- with effective financial and other controls remaining in place to ensure that Iraq does not exploit the situation to acquire prohibited items.
• Under suspension of sanctions, Iraq could import and export civilian goods for humanitarian purposes. The embargo on military imports would remain in place, and dual-use items would continue to require prior approval.
• Suspension must be renewed by a positive vote of the Security Council every 120 days. If Iraq ceases cooperation, sanctions would be automatically reimposed.
Humanitarian Assistance
In this resolution, the members of the Security Council commit themselves to take all possible steps to ensure that -- despite Saddam Hussein's best efforts to prevent it -- the people of Iraq receive the humanitarian goods they require.
• Improvements to oil-for-food go into effect immediately. Iraq can sell as much oil as it needs to meet the humanitarian needs of the Iraqi people, but all revenue remains under UN control. The resolution also makes a number of changes that should expedite delivery of humanitarian items and allows Iraqis easier access to a greater range of basic goods.
• The Sanctions Committee will define a list of goods for automatic approval. This will not include dual-use items with potential use for either military or Weapons of Mass Destruction purposes. The Secretary General will plan, with UNSC approval, use of oil-for-food money for the local purchase of goods and services.
• The resolution reiterates the obligation on Iraq to improve the oil-for-food program: to distribute goods more quickly and to help especially women, children, the elderly, etc.
• The SYG is requested to maximize program effectiveness and report obstacles to the Security Council
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