Perception, so true about Amnesty International's concerns for Iraqis under Hussein's rule; if you want to know what Amnesty International thinks of our humane and well thought out plans for the war's aftermath, read on.....oh, and if you only read one poster's thoughts on the debilitating effects of this administration's reign on us and the rest of the world, you would do well to read everything Kara has written.
http://web.amnesty.org/pages/irq-faq-eng#1
Amnesty International and the Iraq conflict
An overview of Amnesty International's concerns and position on the conflict in Iraq.
© AFP/Odd Anderson
Further information
Field Updates from Amnesty International's mission to Basra
Video: AI Secretary General Irene Khan discussing Amnesty International's main concerns on the war in Iraq.
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17 April 2003
The aftermath of conflict in Iraq
Protecting civilians and the rules of war
Public order and safety
Humanitarian assistance
Ensuring justice for human rights abuses
Use of indiscriminate weapons
Prisoners of war
Protection of refugees
Global backlash against human rights
Human rights in Iraq before the conflict
1. The aftermath of conflict in Iraq
The situation in Iraq is currently one of great uncertainty. The Iraqi government and governmental agencies have collapsed, but sporadic fighting is continuing. Looting and violence has been widespread, and in some areas people have been forcibly displaced, further adding to the hardship of the Iraqi population. The US and UK forces have yet to restore order and ensure the provision of humanitarian assistance in the areas they control. Beyond immediate concerns, the duration of the military presence of the USA and UK is unknown, prospects for an effective Iraqi transitional authority are unclear and there is disagreement over the role of the UN.
The most difficult challenge for Iraq lies ahead: to ensure that in the post-conflict period human rights stand at the centre of reconstruction efforts. Addressing impunity for past violations, building a fair and effective justice system, ensuring respect for the rights of all without discrimination on grounds of religion, ethnicity or gender, and insisting that the Iraqi people themselves drive the process forward - all will be of central importance.
The US and UK forces, as occupying powers under international law, have clear obligations to protect the Iraqi population. However, the authority of the occupying powers is transitional and limited to providing protection and assistance to the occupied population in the emergency created by war. They cannot, for example, change the legal system or introduce the radical reforms in the Iraqi criminal justice system needed to ensure respect for human rights. Only a newly established Iraqi government, or a UN transitional administration set up by the Security Council, would have such authority under international law.
AI believes that ensuring full respect for human rights must be central to any arrangements. Beyond the provision of humanitarian assistance, the UN should:
deploy human rights monitors throughout Iraq as soon as the security situation allows;
establish a commission of experts to develop, in close consultation with Iraqi civil society, proposals for a comprehensive program to ensure justice for past and recent human rights abuses, centred on the need to reform the Iraqi criminal justice system.
Before the military action against Iraq began on 20 March, AI repeatedly warned of the grave risk of widespread disorder, humanitarian crisis and human rights abuses, including revenge attacks, once the Iraqi government's authority was removed. It urged the international community to pursue solutions that would lead to improvement in the human rights situation in Iraq, and to use force only as a last resort in accordance with the UN Charter. AI never supports or opposes "regime change" and does not comment on whether the use of military force is justified or appropriate. It is concerned solely with the protection of human rights and whether human rights and humanitarian law are being respected in the way a conflict is fought.
Related documents:
Iraq: The need to deploy human rights monitors - March 2003
Iraq: Ensuring justice for human rights abuses - April 2003
Iraq: Responsibilities of the occupying powers - 14 April 2003
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2. Protecting civilians and the rules of war
The immediate challenge is still to ensure respect for the laws of war in the conduct of hostilities be they current or potential. AI has sought assurances from all parties to the conflict that they will do their utmost to comply with their obligations under international human rights and humanitarian law.
International humanitarian law is the body of rules and principles that seek to protect those who are not participating in the hostilities, including civilians but also combatants who are wounded or captured.
All parties to the conflict must issue clear instructions to their forces:
prohibiting any direct attacks against civilians or civilian objects (including in reprisal);
prohibiting attacks which do not attempt to distinguish between military targets and civilians or civilian objects (indiscriminate attacks);
prohibiting attacks which, although aimed at a legitimate military target, have a disproportionate impact on civilians or civilian objects;
prohibiting attacks using inherently indiscriminate weapons;
to treat humanely all prisoners, the wounded and those seeking to surrender (prisoners must never be killed or held as hostages) - and to respect the rules relating to prisoners of war;
to take all other necessary measures to protect the civilian population from the dangers arising from military operations, including not locating military objectives among civilian concentrations;
to punish all breaches of the laws of war and to ensure those responsible are brought to justice.
They should also make clear to any of their allied or proxy forces that they expect them to follow the same rules.
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3. Public order and safety
A broader task in Iraq is to secure order and ensure that occupying powers and any interim authority respect their obligations to all of the people of Iraq. As widespread looting and disorder continue in many areas, including Baghdad, Amnesty International is reminding the US and UK forces of their specific responsibilities as occupying powers under international human rights and humanitarian law. It is calling on them to take urgent measures to protect the rights of Iraqi people by enforcing law and order in areas under their control, specifically by preventing acts of pillage, destruction and violence.
The US and UK forces, as occupying powers, have a duty to protect the fundamental rights of the Iraqi population. They must restore and maintain public order and safety (Article 43, Hague Regulations, 1907). Any use of force that may be required should comply with international human rights and humanitarian law, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Combat troops do not usually have the training or the proper equipment for performing policing functions, and should not be expected to do so. However, occupying powers have a duty to plan for the breakdown of law and order in the areas where they establish military control. Much planning and resources seem to have been devoted to securing Iraqi oilfields. However, there is scarce evidence of similar levels of planning and allocation of resources for securing public and other institutions essential for the survival and well-being of the population. The response to disorder has been shockingly inadequate.
Amnesty International is calling on the USA and the UK to:
deploy forces in sufficient numbers and with the right training and equipment to restore law and order, until Iraqi police forces can operate effectively;
set up urgently an effective and fair vetting procedure for members of the Iraqi police forces, so as to reduce the chance of restoring to their duties officials who may have been involved in human rights violations;
ensure, in exercising or supervising policing functions, that the rights of freedom of expression and assembly are not arbitrarily restricted.
Related documents:
Iraq: Respecting international humanitarian law - background information - 25 March 2003
Iraq: Looting, lawlessness and humanitarian consequences - 11 April 2003
Iraq: Responsibilities of the occupying powers - 14 April 2003
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4. Humanitarian assistance
The health situation in Iraq is critical. Water shortages and power cuts threaten public health. Ransacked hospitals have acute shortages of drugs such as painkillers, antibiotics and anaesthetics, and are unable to deal with large numbers of casualties. Disorder and continued violence hampers the access of humanitarian relief agencies.
The US and UK forces are obliged as occupying powers to ensure food and medical supplies for the population, and to "bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate" (Article 55, Fourth Geneva Convention).
The Fourth Geneva Convention states that an occupying power has the duty "of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territories". Occupying powers are also required to facilitate and protect relief schemes, while in no way relieved of their own responsibilities (Articles 59, 60).
Amnesty International is calling on the USA and the UK to:
ensure the provision of food, water and medical supplies to people living in areas under their control;
maintain medical and hospital services, public health and hygiene.
make every effort to facilitate the work of international and other humanitarian organizations, including by assisting them in getting effective access to all those in need. In particular, the ICRC and the Iraqi Red Crescent Society must be able to pursue their activities in accordance with the principles of the International Red Cross and Red Crescent Movement.
Related documents:
Iraq: Humanitarian needs of civilians must be met - 24 March 2003
Iraq: Looting, lawlessness and humanitarian consequences - 11 April 2003
Iraq: Responsibilities of the occupying powers - 14 April 2003
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5. Ensuring justice for human rights abuses
There should be no impunity for past and recent crimes under international law and other human rights abuses in Iraq. Credible allegations of unlawful killings of civilians during the recent conflict and its aftermath must be fully investigated and those found responsible individually held to account. AI has called for a comprehensive program to reform the Iraqi criminal justice system and to ensure that those responsible for such crimes are brought to justice. Ensuring justice is fundamental for the countless victims of decades of grave human rights violations and conflicts in Iraq, and as a means to prevent their repetition.
AI has called for a UN commission of experts to develop proposals, in close consultation with Iraqi civil society, for such a program. It should begin work immediately and could report in a matter of months. AI has outlined the role of such a commission of experts and set out fundamental principles which should govern reforms.
The use of US or UK military tribunals to bring to justice civilians or soldiers accused of crimes under international law would be undesirable, even if they could guarantee fair trial, since they risk being perceived as victors' justice. US military commissions, modelled on those established after the attacks in the USA of 11 September 2001, are administrative bodies, not courts, and their procedures are grossly unfair.
Related documents:
Iraq: Ensuring justice for human rights abuses - 14 April 2003
Iraq: US must investigate civilian deaths - 1 April 2003
Iraq: Soldiers' civilian disguise likely to rebound on civilians - 1 April 2003
Iraq: Investigate civilian deaths - 26 March 2003
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6. Use of indiscriminate weapons
AI repeatedly called on the parties to the conflict to ban the use of "weapons which are inherently indiscriminate or otherwise prohibited under international humanitarian law".
Both US and UK officials refused to rule out the use of cluster bombs. Cluster bombs were used by US and UK forces and may have been responsible for civilian deaths and injuries. Iraqi troops reportedly laid anti-personnel mines, and US authorities stated that the US "retains the right to use landmines".
Amnesty International:
opposes the use, manufacture, stockpiling and transfer of anti-personnel landmines;
calls for a moratorium on the use of cluster weapons;
calls for a moratorium on the use of depleted uranium (DU) weapons pending authoritative conclusions on their long-term effects on human health and the environment;
calls on all parties not to use nuclear weapons;
calls for full respect of the prohibitions in international law of chemical and biological weapons. Such weapons should not be used and any stockpiles should be destroyed.
Related documents:
Iraq: Condemnation of British use of cluster bombs - 03 April 2003
Iraq: Use of cluster bombs -- Civilians pay the price - 02 April 2003
Iraq: Risk to civilians if landmines and cluster bombs used - 27 March 2003
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7. Prisoners of war
AI calls on the US and UK authorities to treat all prisoners in conformity with the Third Geneva Convention. Prisoners should not be tortured or ill-treated, and should be given immediate access to the International Committee of the Red Cross.
AI calls on all media to ensure that its use of images respects the dignity of all prisoners of war, whether Iraqi, US or other nationals.
Related documents:
Iraq/USA: No double standards for POWs - 25 March 2003
Iraq: Responsibilities of the occupying powers - 14 April 2003
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8. Protection of refugees
Although there has so far been no major refugee influx into neighbouring countries, AI calls on the neighbouring states to keep their borders open to receive refugees and displaced persons. They should also facilitate the work of the UNHCR and the ICRC. The international community must support these countries and ensure burden sharing.
Related documents:
Iraq: Refugees and displaced persons - protection first - 24 March 2003
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9. Global backlash against human rights
Following the start of military action, a backlash against certain human rights was witnessed around the world. This included:
attacks on the rights to freedom of expression and assembly;
excessive use of force by police against anti-war demonstrators;
restriction of asylum rights.
AI calls on all governments to respect the right of people to express peacefully their opinions, and to refrain from using the war in Iraq as a pretext for curtailing or abusing fundamental human rights.
Related documents:
Iraq: In the shadow of war: backlash against human rights - 30 March 2003
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10. Human rights in Iraq before the conflict
Human rights violations have been committed on a massive scale against all sectors of society in Iraq. Most of the victims have been suspected political opponents of the government, their relatives, and members of religious and ethnic groups.
AI has issued numerous reports over the years, documenting "disappearances"; extrajudicial executions and other unlawful killings, including mass killings of civilians using chemical weapons; imprisonment of prisoners of conscience; long-term detention without charge or trial; grossly unfair trials; systematic torture including the use of judicial punishments such as flogging, ear amputation and branding of the forehead; forcible expulsions; extensive use of the death penalty.
These reports made detailed recommendations to the government of Iraq concerning changes that were required to end violations.
Related documents:
Iraq: Systematic torture of political prisoners - 15 August 2001
Iraq: Victims of Systematic Repression - 24 November 1999
Iraq:"Disappearances": Unresolved cases since the early 1980s - 01 October 1997
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