U.S. War Crimes in Iraq
A Report on United States War Crimes Against Iraq to the
Commission of Inquiry for the International War Crimes Tribunal
By Ramsey Clark and Others
Index of Crimes
The United States engaged in a pattern of conduct beginning in
or before 1989 intended to lead Iraq into provocations
justifying U.S. military action against Iraq and permanent U.S.
military domination of the Gulf.
President Bush from August 2, 1990 intended and acted to
prevent any interference with his plan to destroy Iraq
economically and militarily.
President Bush ordered the destruction of facilities essential
to civilian life and economic productivity throughout Iraq.
The United States intentionally bombed and destroyed civilian
life, commercial and business districts, schools, hospitals,
mosques, churches, shelters, residential areas, historical
sites, private vehicles and civilian government offices.
The United States intentionally bombed indiscriminately
throughout Iraq.
The United States intentionally bombed and destroyed Iraqi
military personnel, used excessive force, killed soldiers
seeking to surrender and in disorganised individual flight,
often unarmed and far from any combat zones and randomly and
wantonly killed Iraqi soldiers and destroyed materiel after the
cease fire.
The United States used prohibited weapons capable of mass
destruction and inflicting indiscriminate death and unnecessary
suffering against both military and civilian targets.
The United States intentionally attacked installations in Iraq
containing dangerous substances and forces.
President Bush ordered U.S. forces to invade Panama, resulting
in the deaths of 1,000 to 4,000 Panamanians and the destruction
of thousands of private dwellings, public buildings, and
commercial structures.
President Bush obstructed justice and corrupted United Nations
functions as a means of securing power to commit crimes against
peace and war crimes.
President Bush usurped the Constitutional power of Congress as
a means of securing power to commit crimes against peace, war
crimes, and other high crimes.
The United States waged war on the environment.
President Bush encouraged and aided Shiite Muslims and Kurds to
rebel against the government of Iraq causing fratricidal
violence, emigration, exposure, hunger and sickness and
thousands of deaths. After the rebellion failed, the U.S.
invaded and occupied parts of Iraq without authority in order
to increase division and hostility within Iraq.
President Bush intentionally deprived the Iraqi people of
essential medicines, potable water, food, and other
necessities.
The United States continued its assault on Iraq after the cease
fire, invading and occupying areas at will.
The United States has violated and condoned violations of human
rights, civil liberties and the U.S. Bill of Rights in the
United States, in Kuwait, Saudi Arabia and elsewhere to achieve
its purpose of military domination.
The United States, having destroyed Iraq's economic base,
demands reparations, which will permanently impoverish Iraq and
threaten its people with famine and epidemic.
President Bush systematically manipulated, controlled,
directed, misinformed and restricted press and media coverage
to obtain constant support in the media for his military and
political goals.
The United States has by force secured a permanent military
presence in the Gulf, the control of its oil resources and
geopolitical domination of the Arabian Peninsula and Gulf
region.
Initial Complaint
Charging
George Bush, J. Danforth Quayle, James Baker,
Richard Cheney, William Webster, Colin Powell,
Norman Schwarzkopf and Others to be named
With
Crimes Against Peace, War Crimes, Crimes Against
Humanity and Other Criminal Acts and High Crimes in
Violation of the Charter of the United Nations,
International Law, the Constitution of the United States
and Laws made in Pursuance Thereof.
Final Judgement:
International War Crimes Tribunal
The members of the International War Crimes Tribunal, meeting
in New York, have carefully considered the Initial Complaint of
the Commission of Inquiry dated May 6, 1991 against President
George H. W. Bush, Vice President J. Danforth Quayle, Secretary
of Defense Richard Cheney, Gen. Norman Schwarzkopf Commander of
the Allied Forces in the Persian Gulf, and others named in the
Complaint charging them with nineteen separate crimes against
peace, war crimes, and crimes against humanity in violation of
the Charter of the United Nations, the 1949 Geneva Conventions,
the First Protocol thereto, and other international agreements
and customary international law:
having the right and obligation as citizens of the world to sit
in judgement regarding violations of international humanitarian
law;
having heard the testimony from various Commissions of Inquiry
hearings held within their own countries and/or elsewhere
during the past year and having received reports from numerous
other Commission hearings which recite the evidence there
gathered;
having been provided with documentary evidence, eyewitness
statements, photos, videotapes, special reports, expert
analyses and summaries of evidence available to the Commission;
having access to all evidence, knowledge, and expert opinion in
the Commission files or available to the Commission;
having been provided by the Commission, or elsewhere obtained,
various books, articles, and other written materials on various
aspects of events and conditions in the Persian Gulf and
military and arms establishments;
having considered newspaper coverage, magazine and periodical
reports, special publications, T.V., radio, and other media
coverage and public statements by the accused, other public
officials and other public materials;
having heard the presentations of the Commission of Inquiry in
public hearing on February 29, 1992, the testimony and evidence
there presented; and having met, considered and deliberated
with each other and with Commission staff and having considered
all the evidence that is relevant to the nineteen charges of
criminal conduct alleged in the Initial Complaint make the
following findings.
Findings
The members of the International War Crimes Tribunal finds each
of the named accused Guilty on the basis of the evidence
against them and that each of the nineteen crimes alleged in
the Initial Complaint, attached hereto, has been established to
have been committed beyond a reasonable doubt.
The members believe that it is imperative if there is ever to
be peace that power be accountable for its criminal acts and we
condemn in the strongest possible terms those found guilty of
the charges herein. We urge the Commission of Inquiry and all
people to act on recommendations developed by the Commission to
hold power accountable and to secure social justice on which
lasting peace must be based.
Recommendations
The Members urge the immediate revocation of all embargoes,
sanctions and penalties against Iraq because they constitute a
continuing crime against humanity.
The Members urge public action to prevent new aggressions by
the United States threatened against Iraq, Libya, Cuba, Haiti,
North Korea, Pakistan and other countries and the Palestine
people; fullest condemnation of any threat or use of military
technology against life, both civilian and military, as was
used by the United States against the people of Iraq.
The Members urge that the power of the United Nations Security
Council, which was blatantly manipulated by the U.S. to
authorise illegal military action and sanctions, be vested in
the General Assembly; that all permanent members be removed and
that the right of veto be eliminated as undemocratic and
contrary to the basic principles of the U.N. Charter.
The Members urge the Commission to provide for the permanent
preservation of the reports, evidence, and materials gathered
to make them available to others, and to seek ways to provide
the widest possible distribution of the truth about the U.S.
assault on Iraq.
Charges of Other Countries
In accordance with the last paragraph of the Initial Complaint
designated Scope of Inquiry, the Commission has gathered
substantial evidence of criminal acts by governments and
individual officials in addition to those formally presented
here. Formal charges have been drafted by some Commissions of
Inquiry against other governments in addition to the United
States. Those charges have not been acted upon here. The
Commission of Inquiry or any of its national components may
choose to pursue such other charges at some future time. The
Members urge all involved to exert their utmost effort to
prevent recurrences of violations by other governments that
were not considered here.
Done in New York this 29th day of February, 1992.
(signed)
Olga Mejia, Panama
President of the National Human Rights Commission in Panama, a
non-governmental body representing peasants' organisations,
urban trade unions, women's groups and others.
Sheik Mohamed Rashid, Pakistan
Former deputy prime minister. Long-term political prisoner
during the struggle against British colonialism and activist
for workers' and peasants' rights.
Dr. Haluk Gerger, Turkey
Founding member of Turkish Human Rights Association and
professor of political science. Dismissed from Ankara
University by military government.
Susumu Ozaki, Japan
Former judge and pro-labour attorney imprisoned 1934-1938 for
violating Security Law under militarist government for opposing
Japan's invasion of China.
Michael Ratner, USA
Attorney, former director of the Centre for Constitutional
Rights, past president of the National Lawyers Guild.
Lord Tony Gifford, Britain
Human rights lawyer practising in England and Jamaica.
Investigated human rights abuses in British-occupied Ireland.
Rene Dumont, France
Argonomist, ecologist, specialist in agriculture of developing
countries, author. His 45th book, This War Dishonours Us,
appears in 1992.
Bassam Haddadin, Jordan
Member of Parliament, Second Secretary for the Jordanian
Democratic Peoples Party. Member of Parliamentary Committee on
Palestine.
Dr. Sherif Hetata, Egypt
Medical Doctor, author, member of the Central Committee of the
Arab Progressive Unionist Party. Political prisoner 14 years in
1950s and 1960s.
Deborah Jackson, USA
First vice president of the American Association of Jurists,
former director of National Conference of Black Lawyers.
Opato Matarmah, Menominee Nation of North America
Involved in defence of human rights of indigenous peoples since
1981. Represented the International Indian Treaty Council at
the Commission of Human Rights at the U.N.
Laura Albizu, Campos Meneses, Puerto Rico
Past President of the Puerto Rican Nationalist Party and
current Secretary for Foreign Relations. Honorary president of
Peace Council.
Aisha Nyerere, Tanzania
Resident Magistrate of the High Court in Arusha, Tanzania.
Researched the impact of the Gulf war on East Africa.
Peter Leibovtich, Canada
President of United Steel Workers of America, USWA, Local 8782
and of the Executive Council of the Ontario Federation of
Labour.
John Philpot, Quebec
Attorney, member of Board of Directors of Quebec Movement for
Sovereignty. Organising Secretary for the American Association
of Jurist in Canada.
John Jones, USA
Community leader in the state of New Jersey. Vietnam veteran
who became leader of movement against U.S. attack on Iraq.
Gloria La Riva, USA
Founding member of the Farm workers Emergency Relief Committee
and Emergency Committee to Stop the U.S. War in the Middle East
in San Francisco.
Key Martin, USA
Member of Executive Committee of Local 3 of the Newspaper Guild
in New York. Jailed in 1967 for taking message of Bertrand
Russell Tribunal on Vietnam to active duty Gls.
Dr. Alfred Mechtersheimer, Germany
Former member of the Bundestag from the Green Party. Former
Lieutenant Colonel in the Bundeswher; current peace researcher.
Abderrazak Kilani, Tunisia
Tunisian Bar Association. Former President, Association of
Young Lawyers; founding member, National Committee to Lift the
Embargo from Iraq.
Tan Sri Ahmad Noordin bin Zakaria, Malaysia
Former Auditor General of Malaysia. Known throughout his
country for battling corruption in government.
P. S. Poti, India
Former Chief Justice of the Gujarat High Court. In 1989 elected
president of the All-India Lawyers Union.
Copyright 1992 by The Commission of Inquiry for the
International War Crimes Tribunal
