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US Military Policies, IGC Must be Tried in Same Court as Saddam

By Firas Al-Atraqchi

Columnist – Canada

17/12/2003

Hoshyar Zebari’s UN statement failed to address more pressing issues on recent war crimes committed in Iraq.

An incredible travesty of justice is about to be unleashed on the Iraqi people. After 35 years of living under the repressive and brutal rule of Ba’athism, enduring three wars and 13 years of sanctions, the Iraqi people are about to be shortchanged yet again.

The war crimes tribunal, which was created with much hoopla and fanfare by the Iraqi Governing Council (IGC) and was designed by a team of US lawyers and legal experts (not Iraqi, not Arab), is a farce because it does not universally address the crimes that the Iraqis committed against one another in the past 35 years. If Iraq is to become a pluralistic society, if it is to move forward and leave behind its bloodied, ruthless past, it must address all crimes, all crimes committed in Iraq. These crimes go far and beyond just Saddam, his henchmen, and the Ba’ath regime.

While the court must hear charges of detention, torture, execution and exile of political opponents committed by Saddam’s forces, it must also hear charges against various Iraq opposition groups (The Dawa Party, The Communist Party of Iraq, and the Islamic Revolutionary Council based in Iran) for their attacks in Iraq which may have targeted the Ba’athist regime but maimed, wounded, and killed scores of Iraqi and Arab citizens. Collateral damage is not acceptable. Neither is the fancy exchange that the killing of innocent Iraqi civilians is a small price to pay for removing Saddam. If every innocent life (taken swiftly by terrorism or violence) is not addressed at the war crimes tribunal, then it is negligible and forfeit.


Collateral damage is not acceptable.


While the court must hear charges of rape, abduction, disappearance, murder, cleansing and forced relocation of Kurds in the North and Shiites in the South committed by Saddam’s forces, it must also hear of the various attacks of rogue Kurdish rebels on Arab villages, abduction of Assyrian Christian women, killing of Turkomen Shiites, robbery and highwaymanism which culminated in the deaths of innocent Iraqi civilians who were caught in the crossfire between the Iraqi Army and the peshmerga. It must also hear of the revenge killing initiated by the Shiites in 1991, when they overtook Basra and slaughtered entire families of Ba’athists - from the head of a household down to every man, woman and child. Am I to understand that the killing of families because the father is a Ba’athist is vinidicated or justified by Saddam’s ironclad repression of Shiites and Kurds? That, quite frankly is absurd, and if such an argument is to be made then the new Iraq is one of revenge, pillage and plunder, murder and purgery. Hardly the epitome of democracy in the Middle East.


The nations that supported US-enforced economic sanctions must also stand trial.


The court must also hear the plea of the Assyrian Christian community in Iraq who claim that the Kurds are unleashing a strategy of ethnic cleansing in the North of Iraq, bringing in Iranian and Turkish Kurds to populate areas, initiated a land-grab and change the demographics of the region.

If Saddam is to be charged with embezzling the state’s monies and robbing his people blind, then the nations that participated in the horrendous US-sponsored and US-enforced economic sanctions must also stand trial. More than 1.7 million people died (according to UN estimates), 500,000 which were children. Who addresses their concerns? Do they not deserve a hearing? Nearly 3,000 innocent people from 80 different countries died on September 11th. The number of dead Iraqi civilians because of the sanctions is 566 times the number of people who died on 9/11. That is 9/11 repeated 566 times. Yet, the memory of their plight has been forgotten. That is one million seven hundred injustices too many.


The number of dead Iraqis in the sanctions is 566 times the number of the dead on 9/11.


On Tuesday, Iraq’s foreign minister-by-appointment Hoshyar Zebari said “The UN as an organization failed to help rescue the Iraqi people from a murderous tyranny of 35 years. The UN must not fail the Iraqi people again.” The statement is an overwhelming jab in the face of history. It does not address the sanctions. It does not address the “smart bomb technology” of war that was waged on Iraq. It does not mention the 12,000 Iraqis who died in March, or the 3,000 who died since Iraq’s “liberation.” It does not mention the 998 Iraqis who died because of nearly 10,000 cluster bombs dropped in Iraqi civilian areas. Or the number of Iraqis who died because of trigger-happy US soldiers, anxious and nervous because of a populace growing ever hateful. Will these issues be addressed in a war crimes tribunal? No, US forces are considered immune to any such charges. The US has not signed on to the International Crimes Court for fear of its military being held accountable for the very acts committed in Iraq each and every day.

Who kept Saddam in power? Will US Ambassador to Iraq April Glaspie (1990) be a star witness to Saddam’s idiotic invasion of Kuwait? Will former US President Ronald Reagan appear in court to validate why the US gave Saddam Anthrax and other bio-weapons? How about intelligence to use against Iran during the war? Will we hear of secret negotiations between Iraq and Israel? Will US companies who helped Iraq boost its stock of chemical weapons also stand trial?


Will US acts in Iraq be addressed in a war crimes tribunal?


Saddam was a butcher, he did slaughter thousands, and he did foolishly purge Iraq of its wealth. His policies bear the bulk of why Iraqis have suffered in the past 20 odd years. The list of crimes he and his people (chiefly, his sons) committed against the Iraqi people is expansive. However, if other grievances are not addressed and Saddam is given the death penalty, it will prove the Iraqis have learned nothing in the past and are cursed to repeat history. Every Iraqi ethnicity deserves justice: Sunnis, Shiites, Jew, Kurd, Catholics, Assyrians, Sabaeans, Yazidi, Zoroastrian...the list must be complete and comprehensive. Addressing the problems of one ethnicity and ignore those of another will simply widen the sectarian divide. Saddam’s capture and ultimate “removal” will not solve Iraq’s problems. To think so is foolish and a poor judgment of history.

Firas Al-Atraqchi holds an MA in Journalism and Mass Communication. He is a Canadian journalist with eleven years of experience covering Middle East issues, oil and gas markets, and the telecom industry. You can reach him at firascape@hotmail.com

The articles posted on this page reflect solely the opinions of the authors.

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