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THE HANDSTAND |
august 2005 |
bbc ignores World Tribunal on Iraq Tribunal on Iraq Findings
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. Preliminary Declaration of the Jury of Conscience World Tribunal on Iraq Istanbul 27th June 2005, Istanbul.
In February 2003, weeks before war was declared onIraq,
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 UKgovernments 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 U, 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
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 |
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