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Disarmament DocumentationBack to Disarmament Documentation 'Operation Iraqi Freedom': A Compilation of Statements & Reaction to the Beginning of Military Operations, March 19/23
VI. The Humanitarian Dimension and the Rules of Law: NGO Comment
International Committee of the Red Cross'Even in Wars, People Have Rights': Statement by ICRC President Jakob Kellenberger, March 20'War in Iraq', Official Statement by ICRC President Jakob Kellenberger, Geneva, March 20; ICRC website, http://www.icrc.org. I note with sadness that it has not been possible to find a peaceful solution to the Iraq crisis. The impact of war is always dramatic, in particular on civilians. ICRC is very concerned. This is a reality we face. The priority now must be given to protect the lives and dignity of the victims of this war, wherever they may be. In recent days ICRC has reminded the governments of Iraq, the United Kingdom and the United States of their obligations under the Geneva Conventions which they have all signed, to protect lives and preserve human dignity at a time when it is at greatest risk. To this end, formal representations have been made. The ICRC is present in Iraq and intends to stay and to continue providing its humanitarian services. It will do so as an independent organisation that does not take sides. The belligerents must do everything possible to facilitate the work of the ICRC and other humanitarian organisations. The ICRC is leading the efforts of the Red Cross and Red Crescent in Iraq, including the Iraqi Red Crescent Society. Red Cross and Red Crescent emblems and those working under them must be protected. The ICRC is committed to pursuing its humanitarian activities carried elsewhere in the world. The ICRC solemnly and strongly appeals to all belligerents to fully respect international humanitarian law. There are limits to warfare. The civilian population must be respected and protected. It is prohibited to direct attacks against the civilian population and belligerents must take every precaution in their military operations to spare the civilian population. Indiscriminate attacks are prohibited, as are threats or acts of violence the primary purpose of which is to spread terror among the civilian population. The wounded and sick must be protected and cared for. Combatants who fall into the power of the adverse party must be respected and protected and treated as prisoners of war. The right to choose methods or means of warfare is not unlimited. Weapons having indiscriminate effects and/or are causing superfluous injury or unnecessary suffering are forbidden by international humanitarian law, as are chemical and biological weapons. The ICRC also calls upon the warring parties not to use nuclear weapons. ICRC has decided to remain in Iraq with two core teams in Baghdad and the North of Iraq. 10 expatriates will work alongside with some 100 Iraqi national ICRC staff for immediate interventions. The team's main tasks include:
ICRC has established during the last months logistic centres around Iraq. Additional expatriate staff has been transferred to the region over the recent weeks such as drivers, logisticians, medical and relief delegates. More staff will be transferred. Teams of ICRC delegates and interpreters have been trained and are on standby for rapid deployment to register and interview prisoners of war and other persons deprived of their freedom. Present capacities include:
To conclude again: The ICRC solemnly appeals to all concerned to abide by the rules of international humanitarian law, which sets limits to violence. Even in wars, people have rights that must be protected. Amnesty International'Iraqi Civilians, Refugees And Combatants, All Have Rights': Open Letter to US, UK, Spain and Iraq'Iraq: Open letter [from Amnesty International Secretary General Irene Khan] to the Heads of State of USA, UK, Spain and Iraq, March 19, 2003'; http://www.amnesty.org. Amnesty International is fearful that one of the first casualties of any war in Iraq will be human rights. Iraqi civilians, refugees and combatants, all have rights, and as we have seen in recent wars in Kosovo and Afghanistan each of these groups can be abused. Amnesty International demands a public commitment from your Government that it will abide by the basic and specific measures outlined below:
Amnesty International is writing to the Governments of the USA, UK and Spain, who have declared their intention to launch military action against Iraq. AI demands adherence to obligations under international human rights and humanitarian laws in the event of war. Those intending to launch military action against Iraq have a particular responsibility to ensure that international human rights and humanitarian law are fully upheld. Amnesty International is making the same demand of the government of Iraq which must equally abide by its obligations. Human Rights Watch'The Obligations of Iraq's Enemies': HRW Press Release, March 19'Iraq: Warring Parties Must Uphold Laws Of War,' Human Rights Watch Press Release, March 19; HRW website, http://www.hrw.org. The conduct of all warring parties in Iraq will be under unprecedented scrutiny and they should strictly adhere to the laws of war, Human Rights Watch said today in releasing letters to the governments of the United States, the United Kingdom, Australia and Iraq. "The intense international debate surrounding this war means the conduct of the United States and its allies will be under unprecedented scrutiny," said Kenneth Roth, executive director of Human Rights Watch. "Saddam Hussein has a long record of war crimes, but that does not lessen the obligations of Iraq's enemies in wartime." Drawing upon its experience of monitoring previous conflicts - including the 1991 Gulf War, NATO interventions in the Balkans, and the 2001 war in Afghanistan - Human Rights Watch highlighted the following concerns: No party to the conflict should use chemical, biological or nuclear weapons of mass destruction under any circumstances, be it in first strike or reprisal. Iraq must not use human shields, but if it does, US and allied forces must still assess the potential harm to civilians and take all feasible precautions in carrying out such attacks. In the event of urban warfare, all warring parties must provide adequate warnings and escape routes to civilians. The United States and its allies must not attack dual-use targets - such as electricity supply, food stocks and infrastructure - that are essential to the survival of the civilian population. Other dual-use targets should, insofar as possible, only be incapacitated, not destroyed. The letter noted the trend in recent conflicts such as Kosovo and Afghanistan away from attacking such targets. US forces and their allies must make every effort to correctly identify targets before they are attacked. The letter highlighted patterns from previous conflicts in which mobile targets, such as convoys, were often misidentified due to poor intelligence and safeguards. The United States and its allies should only use precision-guided munitions in populated areas. Cluster bombs should not be used in populated areas, nor antipersonnel landmines under any circumstances. The letter highlighted the unacceptably high failure rate of cluster bombs and the indiscriminate effect on civilians of unexploded bomblets and antipersonnel landmines. Facilitate the surrender of enemy troops and treat prisoners of war fully in accordance with the Geneva Conventions. The letter also stressed the importance of ensuring the protection of prisoners taken by local groups, for instance Kurdish forces, noting the deaths of hundreds of Taliban prisoners in the custody of Northern Alliance forces in the wake of fighting in Afghanistan. The United States and its allies have a special responsibility to prevent abuses by allied local groups, protect and provide for civilians in occupied territory, and ensure the safety of refugees and the internally displaced. Humanitarian agencies must be given secure and unimpeded access to vulnerable populations. Human Rights Watch stressed that the United States and its allies must ensure prompt investigation of any allegations that their forces have committed war crimes or other abuses. "Whatever the rights and wrongs of this conflict, all sides must uphold the laws of war," Roth said. "Iraq's civilians have suffered enough and must be spared the terrible consequences of armed conflict." International Campaign to Ban LandminesUse of Landmines by Iraq: ICBL Press Release, March 21'Iraqi Use of Antipersonnel Mines Condemned', ICBL Press Release, March 21; ICBL website, http://www.icbl.org. The International Campaign to Ban Landmines (ICBL) today condemned Iraq for using antipersonnel landmines at the outset of the conflict with the United States. Reuters reported on Thursday that Iraqi troops were laying mines near the Kuwaiti border when they were intercepted by US Marines. There have been other reports that Iraqi forces were laying mines around Kirkuk in the north and elsewhere in the country. "There is no justification for using this appalling weapon," said Jody Williams, ICBL Ambassador and co-winner with the ICBL of the 1997 Nobel Peace Prize. "Like chemical and biological weapons, any use of antipersonnel mines for any purpose is both illegal and repugnant to the civilized world," said Williams. Former US Secretary of State Warren Christopher and others have referred to antipersonnel mines as "weapons of mass destruction in slow motion." Neither Iraq nor the United States is among the 146 governments that have joined the 1997 Mine Ban Treaty, which prohibits use, production, transfer and stockpiling of antipersonnel mines. But the ICBL believes that any use of antipersonnel mines is prohibited by customary international humanitarian law, because they are inherently indiscriminate weapons whose limited military benefits are far outweighed by the long-term cost to civilian populations. Iraq has been a significant producer and exporter of antipersonnel mines in the past, and has been notable for its complete lack of involvement in global efforts to eradicate the weapon. Current US policy is to join the Mine Ban Treaty in 2006 if suitable military alternatives have been found. However, the United States has deployed at least 90,000 antipersonnel mines to the region and incorporated them into war plans. Iraq already suffers greatly from landmines laid in the 1991 Persian Gulf War, the Iraq-Iran War and previous conflicts. Landmines have been killing and maiming hundreds of Iraqi civilians every year, and new minefields will only add to these woes. The United Nations has suspended its major mine clearance program in northern Iraq. Once there is peace, landmines will greatly complicate the task of reconstructing Iraq, and will pose dangers to returning refugees and to the provision of humanitarian assistance and deployment of peacekeepers. © 2002 The Acronym Institute. |