6. The occupation
has intentionally exacerbated ethnic and cultural divisions in
Iraqi society, with the aim of undermining Iraqs identity
and integrity as a nation. This is in keeping with the familiar
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 acquiring control over the nations 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.
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.
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.
the Governments of the US and the UK
preparing, and waging the supreme crime of a war of aggression
in contravention of the United Nations Charter and the Nuremberg
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.
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.
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.
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.
deadly violence against peaceful protestors, beginning with, among
others, the April 2003 killing of more than a dozen peaceful protestors
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,
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.
of mercenaries and private contractors to carry out torture has
served to undermine accountability.
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 Iraqs state-owned enterprises and to
repatriate 100 percent of their profits and assets at any point)
and to control Iraqs oil. Evidence listed a number of corporations
that had profited from such transactions.
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.
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. Womens 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.
to protect humanitys 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.
the right to information, including the censoring of Iraqi media,
such as newspapers (eg, al-Hawza, al-Mashriq, and al-Mustaqila)
and radio stations (Baghdad Radio), targeting international journalists,
imprisoning and killing academics, intellectuals and scientists.
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.
the Security Council of United Nations
to protect Iraq against a crime of aggression.
harsh economic sanctions on Iraq, despite knowledge that sanctions
were directly contributing to the massive loss of civilian lives
and harming innocent civilians.
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.
the United States to dominate the United Nations and hold itself
above any accountability by other member nations.
to stop war crimes and crimes against humanity by the United States
and its coalition partners in Iraq.
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
the Governments of the Coalition of the Willing
in the invasion and occupation of Iraq.
the Governments of Other Countries
the use of military bases and air space, and providing other logistical
support, for the invasion and occupation.
from the war with complicity in the crimes described above, of
invasion and occupation.
the Major Corporate Media
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 Iraqs 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.
to report the atrocities being committed against Iraqi people
by the occupying forces.
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.
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
9. That the
international campaign for dismantling all US military bases abroad
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.
further information on the World Tribunal On Iraq, visit
Click here The Jury Of Conscience: Why
The Illegal Invasion Of Iraq Cannot Be Forgotten, by Arundhati