-Caveat Lector-

http://globalresearch.ca/articles/HAS506B.html

US War Crimes, An International Vow of Silence
Ghali Hassan, www.globalresearch.ca
10 June 2005

Months before the start of the U.S. invasion of Iraq, members of Saddam
regime and his military echelons in Baghdad cut deals with the US Army to
surrender the capital and the rest of the country to U.S. forces. Yet
despite this no war surrender, the Bush-Blair axis continued to bomb Iraq
infrastructure. State buildings and Iraq’s vital civilian infrastructure
were destroyed and looted. As a result of this criminal act of “Shock and
Awe”, thousands of innocent civilians were killed and the entire nation of
Iraq is terrorised and engulfed in fear to this day.

Donald Rumsfeld, the Defence Secretary, has said all along that the U.S. was
in negotiation with senior leaders of the Ba’ath party and senior military
commanders, offering safe passage to all, jobs to others in the post-war
dispensation. The traitors of the old regime who betrayed their people are
filling many of the army and security apparatus high positions in the
current Iraqi “government”. They are serving the Occupation by employing
their old skills of terrorizing the Iraqi people. Their defender is no other
than the Secretary of Defence himself.

In addition to the mass killings of Iraqi civilians, U.S. forces
deliberately committed cultural genocide against Iraqi national heritage,
and Iraqi treasures. “Not even the Nazis would have allowed such crimes”,
wrote the Indian philosopher, Aijaz Ahmad. Ahmed added; “Every single
Article of the Geneva Convention and the U.N. Charter was violated, and a
whole range of war crimes committed, with impunity. Yet, not a single member
of the so-called ‘international community’ has come forward to say so: not
Kofi Annan and his bureaucrats at the U.N., not the leaders of the
Franco-German alliance [for political opportunism] or any other member of
the Security Council, not the head of any Arab state” was able to whisper a
word of resistance.

“The moral bankruptcy of the whole state system of the world is there for
all to see. This global complicity is what made the invasion possible in the
first place”, added Professor Ahmad. Without this “moral bankruptcy”, the
illegal Occupation of Iraq would have been condemned by every civilised
nation in the globe. Sadly, only very few have this moral courage. The
invasion was an extension of the 13-years long genocidal sanctions that
killed 2 million Iraqis, a third of them children under the age of five.

The U.S. and the British administration have intentionally misled their
peoples and the world into believing that Iraq had WMD, that Iraq had
connection to “terrorism”, and that Iraq was responsible for the 9/11
attacks on the U.S. The truth is that the war against Iraq started many
months before the March 2003 invasion, and before Congress voted for the war
in September 2002. Full-scale U.S-Britain air attacks destroyed Iraq’s
ability to defend itself. It was evident that the U.S. intention to invade
Iraq in violation of international law and U.N. Charter. The motives for the
invasion and Occupation were obvious: the removal of an independent
government, and enhancing the U.S. and Israel domination of the region and
control over Iraq’s energy resources.

An overwhelming majority of international lawyers and legal experts agree
that the war on Iraq was ‘illegal’, not because it was not conducted in
self-defence and without the authorisation of the U.N. Security Council, but
because Iraq had no WMD since 1992. Hence, the sanctions were illegal crimes
and the war on Iraq is an “act of aggression” in gross violation of U.N.
Charter. Some pro-war apologists argued that the U.N. Resolution 1441, which
was adopted for the inspection regime, justify war against Iraq. This is a
flawed argument. Resolution 1441 is specified to act “under Chapter VII, of
the Charter of the United Nations”.

All U.N. Security Council resolutions are specific. For example, U.N.
Resolution 2649 adopted by the General Assembly on November 3, 1970,
“affirms the legitimacy of the struggle of people under colonial and alien
domination recognised as being entitled to the right of self-determination
to restore the themselves that right by any means at their disposal”. In
other words, the Iraqi people have legitimate rights, under international
law, to resist U.S. military Occupation of their country in order to
preserve the sate of Iraq and to achieve national independence, and legally
entitled to receive support.

In gross violations of international law and the Geneva Conventions, U.S.
forces attacked and completely destroyed the city of Fallujah. The U.S. used
banned forms of napalm bombs (MK-77 Mod 5), which ignite on impact, to
attack the civilian population. According to the Red Cross, more than 6,000
innocent civilians (men, women and children) have been killed while the rest
of the population has been displaced and are now refugees. The attack on
Falluja, which was a war crime termed “collective punishment” and designed
to instil fear and terrorise the entire population of Iraq.

To justify these atrocities, Western media, led by the Murdoch media, are
embarked on racist propaganda to dehumanise the Iraqi people, crimes
reminiscent to that of the Nazi’s. Recently, the Times of London, equates
the U.S. slaughter and destruction of the city of Fallujah with a ‘clinical
lobotomy’, and describes the former residents as 'violent psychiatric'
patients. Iraqis have legitimate right to resist this Anglo-American fascism
disgused as “democracy” and “liberation”. The atrocity is repeated in cities
like Ramadi, Qaim and Hillah, where hospitals, schools and homes have been
destroyed and civilians massacred in total violations of International Law,
and U.N. Conventions

According to The Hague Conventions, Article 23: “It is a war crime to launch
an indiscriminate attack affecting the civilian population in the knowledge
that such an attack will cause an excessive loss of life or injury to
civilians”. The Geneva Conventions, Article 85; “It is especially forbidden
to kill treacherously individuals belonging to the hostile nation or army”.
Moreover, the Geneva Conventions are part of U.S. law – being ratified by
congress and by the president. Therefore U.S. leaders could be found guilty
of war crimes under the war crimes Act of 1996, which carries the death
penalty for grave breaches of the Geneva Conventions.

Furthermore, according to Charter of the International Military Tribunal,
the Nuremberg War Crimes Trials, established after World War II to try and
punish war criminals, spelling out the U.N. Charter. The Tribunal stipulated
that, the War was “the supreme international crime differing only from other
crimes in that it contains within itself the accumulated evil of the whole”.
The Tribunal found the German perpetrators guilty of crimes and sentenced
some of them to death. Similarly, the U.S. war crimes tribunal that was
established by the US after World War II found Japan’s prime minister, Tojo
Hiodeki and foreign minister, Hirota Koki, guilty of crimes and were
sentenced to death by hanging in December 1948. Since then, it has been more
or less axiomatic that a law to be valid it must conform to some basic
principle of justice, or morality. Hence, the U.S. crimes committed against
the Iraqi people constitute the “supreme international crime”.

It follows that in a civilised world the rules of law should be applied
equally. So far, the ‘international community’ has failed to hold those
responsible for war crimes against the Iraqi people accountable for their
crimes. Michel Chossudovsky, professor of Economics and human rights
advocate discusses this in detail. Chossudovsky writes; “The implications
are far-reaching: those in high office who ordered ‘the intelligence and
facts [to be] fixed around the policy’ are responsible for war crimes under
national and international law”. Sadly, despite the overwhelming evidence,
those who are responsible for these international crimes have been either
promoted to higher positions or re-elected to high office.

Since the invasion and Occupation, the crimes against the Iraqi people
continue to accelerate. According to a study published in November 2004 in
the Lancet, the highly reputable British medical journal, U.S. occupation
forces in Iraq have killed more than 100,000 civilians between March 2003
and October 2004, the great majority of them are women and children. The
estimate is considered “conservative” because it excludes the high death
toll in areas such as Fallujah, where the U.S. committed crimes against
humanity. Deliberately ignored by the media, the study also revealed that 14
per cent of US soldiers and 28 per cent of U.S. marines had killed a
civilian: U.S-authorised war crimes. In a deliberate and criminal practice
of “shoot to kill”, hundreds of innocent Iraqi civilians are killed every
week, and U.S. forces are targeting military-age Iraqi males.

Imagine the reaction if the victims of these atrocities were white
Anglo-American civilians. Chances are that the U.S. and Britain will
instigate a nuclear world war to avenge their deaths, a war crimes tribunal
to try the criminals for their crimes, the criminals would be convicted of
war crimes and would receive the death penalty if the tribunal adhere to
Western laws.

Unfortunately, the West crimes against the Iraqi people have been ignored
and Westerners who “opposed” the war, including the “Left” and “Liberal”
elites have now bought into U.S. false propaganda that the war on Iraq is
morally acceptable because it contributed to the removal of “dictatorial”
regime. It is true, Saddam as a person was removed, but replaced by a more
brutal colonial Occupation.

The living condition in Iraq today is much worse than under the regime of
Saddam and the sanctions. Further, the use Saddam as the West moral compass,
allows the Occupation forces to commit the highest crimes against the Iraqi
people. The rate of civilian deaths in Iraq under U.S. Occupation is far
greater than anything perpetrated by the regime of Saddam Hussein. Further,
tens of thousands innocent Iraqis, including children, are illegally
imprisoned in hundreds of giant U.S-run concentration camps in Iraq in
contravention of international law. In addition, to the state of emergency
curfew, most Iraqi towns and cities are under siege by U.S. forces. The U.S.
is pitting Iraqis against each other and encourages sectarianism.

“For, what the Americans have brought with them is not only the gift of
colonisation but all the paraphernalia of communalisation and
factionalisation of Iraqi society: dividing the Turkoman against the Kurd,
the Kurd against the Arab, the Sunni against the Shia [sic], and indeed one
Shia [sic] faction against the other, not to speak of the Ba’athist against
the non-Ba’athist, the torturers of yesterday against a battered people, the
clients against the patriots”, noted Professor Aijas Ahmad. These are
enforced through illegitimate and bogus elections, which only provide an
“Iraqi face” for the illegitimate renewal of the Occupation.

From the beginning, the U.S. aim was to create an uncontrollable and chaotic
Iraq, particularly the capital Baghdad, because it is the heart of the
nation. “The seeds of rage sown by Rumsfeld's orgy of terror have quashed
any opportunity for achieving a negotiated settlement”, wrote Mike Whitney.
This is the only way the U.S. can continue to imprison, torture and kill
Iraqis, and occupy Iraq. The crimes against the Iraqi people are an
international war crime with an international complicity in an ongoing
violent Occupation.

When international war crimes committed in people’s name, it is the duty of
moral men and women to call attention to such acts regardless of who
actually commits them. Unless peoples of the ‘world community’ hold the
perpetrators accountable for war crimes – and the evidence is overwhelming –
peoples will continue to betray their moral conscience and principles.


Disclaimer: The views expressed in this article are the sole responsibility
of the author and do not necessarily reflect those of the Centre for
Research on Globalization.


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© Copyright Ghali Hassan GLOBAL RESEARCH 2005.

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