Although the past year brought a glimmer of hope that there might be some accounting for the eight years of lawlessness and criminality that reigned while George W. Bush was in the White House, with the former president reportedly canceling a planned trip to speak at the Switzerland-based United Israel Appeal last December amid calls by several human rights groups for Swiss authorities to arrest him for authorizing torture, one of the greatest crimes of the 21st century remained unpunished, with not a single prosecution of the architects of the Iraq war, which was launched March 19-20, 2003.
For 13 years, the Iraq war aggressors have walked free despite being responsible for the deaths of hundreds of thousands of innocents, the absolute destruction of a nation, and facilitating the rise of ISIS, the most brutal terrorist group on the planet. The lack of prosecutions continues to confirm that the concept of “international justice” remains an illusion, to paraphrase Bob Marley, to be pursued but never attained. The lack of prosecutions is especially glaring considering the fact that Chelsea Manning is serving a grossly disproportionate 35-year prison sentence for revealing evidence of U.S. war crimes in Iraq and other state secrets.
It is not Chelsea Manning who should be in prison, but the Iraq war’s chief architects, including Donald Rumsfeld, Condoleezza Rice, Dick Cheney, Karl Rove, Richard Perle, Douglas Feith, and the chief war criminal George W. Bush. They are the ones who launched an aggressive war, what Nuremberg prosecutor Robert Jackson once denounced as “the greatest menace of our time.”
Jackson noted in 1945 that “to start an aggressive war has the moral qualities of the worst of crimes.” The Nuremberg tribunal, he said, had decided that “to initiate a war of aggression … is not only an international crime: it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of whole.”
When it comes to Iraq, the accumulated evil of the whole is difficult to fully comprehend. In 2003, Iraq was a country that had already been devastated by a U.S.-led war a decade earlier and crippling economic sanctions that caused the deaths of 1.5 million Iraqis (leading to the resignation of two UN humanitarian coordinators who called the sanctions genocidal). Following the U.S. invasion and occupation, another million or so were killed, and by 2014, a former CIA director conceded that Iraq no longer existed.
“I think Iraq has pretty much ceased to exist,” said Michael Hayden. “It’s divided into three parts. … I don’t see them getting back together and we need to deal with that reality.”
In other words, the United States completely destroyed a sovereign nation. It is therefore no exaggeration to call the 2003 invasion of Iraq one of the great crimes of history, and it does not reflect well on the international community that it has allowed the architects to escape any meaningful punishment for 13 years.
What follows is a partial accounting of some of the more brazen violations of international law related to the U.S. war on Iraq, which prosecutors may feel free to use as the basis for a criminal probe.
Although the invasion didn’t officially begin until March 20, 2003 (still the 19th in Washington), the United States had been threatening to attack the country as early as January 2003, with the Pentagon publicizing plans for a so-called “shock and awe” bombing campaign in what appeared to be a form of psychological warfare against Iraq in violation of the UN Charter.
“If the Pentagon sticks to its current war plan,” CBS News reported on January 24, “one day in March the Air Force and Navy will launch between 300 and 400 cruise missiles at targets in Iraq. … [T]his is more than number that were launched during the entire 40 days of the first Gulf War. On the second day, the plan calls for launching another 300 to 400 cruise missiles.”
A Pentagon official warned: “There will not be a safe place in Baghdad.”
The effect of these threats particularly on Iraqi youth was profound. A group of psychologists published a report in January 2003 describing the looming war’s effect on children’s mental health.
“With war looming, Iraqi children are fearful, anxious and depressed,” they found. ”Many have nightmares. And 40 percent do not think that life is worth living.”
The Pentagon’s vaunted “shock and awe” attack began with limited bombing on March 19-20, as U.S. forces unsuccessfully attempted to kill Saddam Hussein. Attacks continued against a small number of targets until March 21, 2003, when the main bombing campaign began. U.S.-led forces launched approximately 1,700 air sorties, with 504 using cruise missiles.
The attack was a clear violation of the UN Charter, which stipulates that “Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” The only exception to this is in the case of Security Council authorization, which the U.S. did not have.
Desperate to kill Hussein, Bush ordered the bombing of an Iraqi residential restaurant on April 7. A single B-1B bomber dropped four precision-guided 2,000-pound bombs. The four bunker-penetrating bombs destroyed the target building, the al Saa restaurant block and several surrounding structures, leaving a 60-foot crater and unknown casualties.
Diners, including children, were ripped apart by the bombs. One mother found her daughter’s torso and then her severed head. U.S. intelligence later confirmed that Hussein wasn’t there.
After the fall of Saddam Hussein’s regime on April 9, the U.S. action in Iraq took on the character of an occupation, and as the occupying power, the U.S. was bound by international law to provide security. But in the post-war chaos, in which looting of Iraq’s national antiquities was rampant, U.S. forces stood by as Iraq’s national museum was looted and countless historical treasures were lost.
Despite the fact that U.S. officials were warned even before the invasion that Iraq’s national museum would be a “prime target for looters” by the Office of Reconstruction and Humanitarian Assistance, set up to supervise the reconstruction of postwar Iraq, U.S. forces took no action to secure the building. In protest of the U.S. failure to prevent the resulting looting of historical artefacts dating back 10,000 years, three White House cultural advisers resigned.
“It didn’t have to happen”, Martin Sullivan – who chaired the President’s Advisory Committee on Cultural Property for eight years – told Reuters news agency. The UN’s cultural agency UNESCO called the loss and destruction “a disaster.”
During the course of the war, according to a four-month investigation by USA Today, the U.S. dropped 10,800 cluster bombs on Iraq. “The bomblets packed inside these weapons wiped out Iraqi troop formations and silenced Iraqi artillery,” reported USA Today. “They also killed civilians. These unintentional deaths added to the hostility that has complicated the U.S. occupation.”
U.S. forces fired hundreds of cluster munitions into urban areas from late March to early April, killing dozens and possibly hundreds of Iraqi civilians. The attacks left behind thousands of unexploded bomblets that continued to kill and injure civilians weeks after the fighting stopped.
(Because of the indiscriminate effect of these duds that keep killing long after the cessation of hostilities, the use of cluster munitions is banned by the international Convention on Cluster Munitions, which the United States has refused to sign.)
Possibly anticipating a long, drawn-out occupation and counter-insurgency campaign in Iraq, in a March 2003 memorandum Bush administration lawyers devised legal doctrines justifying certain torture techniques, offering legal rationales “that could render specific conduct, otherwise criminal, not unlawful.”
They argued that the president or anyone acting on the president’s orders are not bound by U.S. laws or international treaties prohibiting torture, asserting that the need for “obtaining intelligence vital to the protection of untold thousands of American citizens” supersedes any obligations the administration has under domestic or international law.
“In order to respect the President’s inherent constitutional authority to manage a military campaign,” the memo stated, U.S. prohibitions against torture “must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.”
Over the course of the next year, disclosures emerged that torture had been used extensively in Iraq for “intelligence gathering.” Investigative journalist Seymour Hersh disclosed in The New Yorker in May 2004 that a 53-page classified Army report written by Gen. Antonio Taguba concluded that Abu Ghraib prison’s military police were urged on by intelligence officers seeking to break down the Iraqis before interrogation.
“Numerous incidents of sadistic, blatant and wanton criminal abuses were inflicted on several detainees,” wrote Taguba.
These actions, authorized at the highest levels, constituted serious breaches of international and domestic law, including the Convention Against Torture, the Geneva Convention relative to the treatment of Prisoners of War, as well as the U.S. War Crimes Act and the Torture Statute.
While these are some of the more obvious examples U.S. violations of international law from the earliest days of the invasion of Iraq, for which no one has been held to account, the crimes against the Iraqi people only continued and intensified over the years.
There was the 2004 assault on Fallujah in which white phosphorus – banned under international law – was used against civilians. There was the 2005 Haditha massacre, in which 24 unarmed civilians were systematically murdered by U.S. marines. There was the 2007 “Collateral Murder” massacre revealed by WikiLeaks in 2010.
All of these crimes are calling out for punishment and the passage of time does not diminish their severity in any way, shape or form. Indeed, with Iraq still reeling from an ongoing civil war and with President Obama joining his predecessors as the fourth consecutive American president to bomb that poor country, it is clear that accountability is still needed for these disastrous policies and war crimes.
A good place to start would be arresting George W. Bush and putting him on trial in The Hague.
It’s been less than three years since the adoption of the historic Arms Trade Treaty, and already the United States is leading the way in flouting this landmark accord, violating the letter and spirit of the international agreement by pumping the world full of weapons – fueling global conflict and undermining efforts to uphold human rights and stem the flow of refugees.
As the most recent data confirms, the U.S. remains the world’s largest supplier of weapons systems, with the monetary value of its arms agreements increasing steadily in recent years, despite the global security situation slipping further into chaos and a major refugee crisis destabilizing the entire European continent.
According to arms researcher Jeff Abramson, citing figures from the Congressional Research Service and the Stockholm International Peace Research Institute:
The United States concluded $36.2 billion in arms transfer agreements worldwide in 2014, the most recent year detailed in the report. That total was up nearly $10 billion from the 2013 total and constituted just more than half of all global 2014 agreements, which were valued at $71.8 billion, slighly above the 2013 total of $70.2 billion. Nearly $30 billion of U.S. agreements in 2014 were with developing countries, including large-value pacts with Iraq, Qatar, Saudi Arabia, and South Korea.
As a recent article by William Hartung further explains, the ballooning U.S. arms sales appear to be a coordinated strategy to wage proxy wars in the Middle East, based on a desire to shape events while avoiding more direct U.S. engagement (and meanwhile make billions of dollars in profits for U.S. arms manufacturers):
The Obama administration has made arms sales a central tool of its foreign policy, in part as a way of exerting military influence without having to put “boots on the ground” in large numbers, as the Bush administration did in Iraq—with disastrous consequences.
The Obama administration’s push for more Mideast arms sales has been a bonanza for U.S. weapons contractors, who have made increased exports a primary goal as Pentagon spending levels off. Not only do foreign sales boost company profits, but they also help keep open production lines that would otherwise have to close due to declining orders from the Pentagon.
When it comes to the individual companies profiting off of the global arms bazaar, the following list drives home the point that U.S. arms manufacturers shoulder a disproportionate share of the responsibility for so much of the world’s death and suffering. In fact, six of the ten largest arms-producing companies are U.S.-based, according to Stockholm International Peace Research Institute:
|1||Lockheed Martin (US)|
|3||BAE Systems (UK)|
|5||Northrop Grumman (US)|
|6||General Dynamics (US)|
|8||United Technologies (US)|
While all of these arms sales are having a destabilizing effect across the world, human rights and arms control advocates are raising particular concerns over the flow of the U.S. arms to Saudi Arabia, which is carrying out a brutal and indiscriminate military operation against civilians in neighboring Yemen.
As a major new report by the Control Arms Coalition explains,
The transfer of arms and ammunition to Saudi Arabia in particular is fuelling the conflict. Saudi Arabia was among the biggest markets for arms exporters during the past decade, and in 2014 became the largest importer of defence equipment worldwide. Many exporters to Saudi Arabia are States Parties or Signatories to the Arms Trade Treaty (ATT). …
The ATT now applies in full to all States Parties to the Treaty for whom it has entered into force. For those countries, the serious violations of IHL and IHRL in Yemen, and continuing transfers to Saudi Arabia and its coalition partners in that context, represent a major test of their willingness to implement their legal obligations.
The United States signed the ATT in September 2013, and although the treaty has not been ratified by the Senate, with 130 signatories and 82 full states parties it is well on its way to becoming a peremptory norm of international law, also known as jus cogens, as defined by Oxford as “principles which form the norms of international law that cannot be set aside.”
Nevertheless, according to the Control Arms Coalition,
The US remains a significant supplier of arms to Saudi Arabia. Licensing data for 2015 has not yet been made available, but during the year, the State Department approved six major arms sales to the country, collectively worth US$20.8bn. They include the proposed transfer of 10 MH-60R and nine UH-60M Black Hawk helicopters,62 600 Patriot missiles, 63 battleships and missiles,64 and tank and artillery ammunition for the Royal Saudi Land Forces. In November the State Department notified Congress of plans to sell 18,440 aircraft bombs (both guided and general purpose) to Saudi Arabia, in a deal worth US$1.29bn. The package also included 1,500 warheads, as well as thousands of parts for these bombs such as fuses and tail kits to modify guidance systems.
The intransigence of the United States and its closest allies on the issue of arms transfers to Saudi Arabia compelled the Control Arms Coalition to issue a stinging rebuke today, criticizing the lack of progress this week at the Extraordinary Meeting of States Parties to the Arms Trade Treaty, which as Control Arms pointed out was only extraordinary because of the “refusal of States to actually discuss arms transfers.”
In a press release entitled “ATT Extraordinary Meeting Unfortunately Far Too Ordinary,” the coalition pointed out:
Despite irrefutable evidence of serious violations of international law in a conflict that has killed more than 35,000 people, several States Parties and Signatories to the ATT have continued sending weapons to Saudi Arabia, in violation of the Treaty’s obligations. Control Arms therefore made a request to the meeting for an Agenda item to discus the issue. This request was rejected by the President on the grounds that it would be “fraught with danger” to discuss the topic without sufficient time.
Prompted by the intolerable human suffering taking place in Yemen, campaigners are calling on governments “to set their hypocrisy aside and stop selling billions of dollars’ worth of deadly weapons to Saudi Arabia being used to attack Yemeni civilians.”
In a broader sense, the United States should also rethink its entire policy of flooding the planet with weapons – as this is obviously a destabilizing factor across the world, and a major contributor to both human rights violations and the ongoing refugee crisis.