Iraq war aggressors escape prosecution for 13th consecutive year
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.