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A Face and a Name Civilian Victims of Insurgent Groups in Iraq

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A Face and a Name Civilian Victims of Insurgent Groups in Iraq Det Udenrigspolitiske Nævn 2005-06 UM-del - Bilag 1 Offentligt Human Rights Watch October 2005 Volume 17, No. 9(E) A Face and a Name Civilian Victims of Insurgent Groups in Iraq I. Summary ..................................................................................................................................... 1 The Victims................................................................................................................................ 4 Insurgent Groups...................................................................................................................... 6 Arguments of Insurgent Groups............................................................................................ 9 Violations by U.S. and Iraqi Government Forces .............................................................10 Methodology............................................................................................................................11 II. Recommendations .................................................................................................................11 III. Insurgent Groups in Iraq....................................................................................................13 Attacks on Civilians................................................................................................................19 Purpose of Attacks on Civilians ...........................................................................................20 Justifications for Attacks on Civilians..................................................................................23 Statements by Insurgent Groups..........................................................................................30 Statements by Sunni Religious Groups ...............................................................................32 IV. Attacks on Ethnic and Religious Groups.........................................................................35 Attacks on Shi`a Muslims......................................................................................................36 Attacks on Kurds....................................................................................................................40 Attacks on Christians .............................................................................................................46 V. Attacks on Civilians Working for Foreign Governments................................................52 VI. Attacks on Government Officials and Politicians...........................................................62 VII. Attacks on Civilians Applying for the Iraqi Security Forces........................................70 VIII. Attacks on Humanitarian Organizations and the U.N................................................73 IX. Attacks on Media..................................................................................................................83 X. Attacks on Intellectuals and Professionals.........................................................................90 XI. Attacks on Women ..............................................................................................................93 XII. Abduction and Execution of Non-Iraqi Civilians .........................................................98 XIII. Unlawful Attacks on Government Security Forces...................................................102 Summary Executions of Government Forces..................................................................104 Perfidious Attacks.................................................................................................................107 Attacks on Security Forces Causing Disproportionate Civilian Harm.........................109 XIV. Violations by U.S. Forces...............................................................................................111 XV. Violations by the Iraqi Government..............................................................................114 XVI. Legal Standards and the Conflict in Iraq.....................................................................118 International Humanitarian Law in Iraq............................................................................118 International Humanitarian Law and the Protection of Civilians .................................122 Designation of Military Objectives ....................................................................................126 Prohibition on Attacks Causing Disproportionate Civilian Harm................................127 and Indiscriminate Attacks..................................................................................................127 Suicide Attacks and International Law ..............................................................................129 Criminal Responsibility ........................................................................................................130 Crimes Against Humanity....................................................................................................131 Appendix A................................................................................................................................134 Major Attacks with Civilian Deaths by Insurgent Groups in Iraq................................134 Acknowledgments.....................................................................................................................140 I. Summary Iraqi families were shopping and preparing for evening prayers at the People of Musayyib Husainiyya Mosque in the town of Musayyib on July 16, 2005, when the bomb blew up. A suicide bomber from an unknown armed group detonated his explosives next to a tanker truck filled with cooking gas, igniting a massive fire-ball that swept through the market and surrounding streets. “I saw how the flames swallowed the panicked people as they ran away,” a local teacher said. “The fire chased the people down and ate them alive.”1 More than ninety civilians died in the mostly Shi`a Muslim town just south of Baghdad, including women and children. Hundreds more were badly burned or pierced by shrapnel. The Musayyib bombing is but one example of an insurgent attack in Iraq targeting civilians. Since the U.S.-led invasion of the country in March 2003, armed opposition groups have purposely killed thousands of civilians—men, women and children. Across the country, insurgents have used car bombs and suicide bombers, like the one in Musayyib, to maximize the number of civilian injuries and deaths. They have assassinated government officials, politicians, judges, journalists, humanitarian aid workers and those deemed to be collaborating with the foreign forces in Iraq. They have tortured and summarily executed, sometimes by beheading, persons in their custody. And attacks against legitimate military targets, such as army convoys, have been carried out in such a manner that the foreseeable loss of civilian life was far disproportionate to the military gain. All of these attacks are serious violations of international humanitarian law—war crimes—and in some cases they are crimes against humanity. This report aims to give the civilian victims of these attacks a face and a name. Through victim and witness testimony, it documents some of the crimes committed against civilians by insurgent groups, and addresses the arguments these groups and their supporters use to justify unlawful attacks. It also places insurgent abuses in context; namely, the U.S.-led invasion of Iraq and the ensuing military occupation that resulted in tens of thousands of civilian deaths and 1 Borzou Daragahi and Saad Fakhrildeen, “Iraqi Town Left Devastated by Attack,” Los Angeles Times, July 18, 2005. 1 HUMAN RIGHTS WATCH VOL. 17, NO. 9(E) sparked the emergence of these insurgent groups. Chief among the justifications insurgent groups use is that the United States illegally invaded Iraq and has killed untold thousands of Iraqi civilians over the past two-and-a-half years. Previous Human Rights Watch reports have documented the use of indiscriminate and excessive force by U.S. forces during raids on residential areas and at checkpoints. Thousands of suspected insurgents in U.S. and Iraqi government custody have been detained without regard to the protections afforded by international law. U.S. forces have committed torture and humiliation of detainees at Abu Ghraib prison and other detention centers, and mistreatment of detainees by Iraqi authorities has been systematic. Few persons responsible for abuses—and none at higher levels—have been criminally prosecuted. These abuses have enraged many Iraqis, as well as people outside Iraq, and are one motivating factor behind the insurgency’s steady growth over the past two years. But they in no way justify attacks on civilians by insurgent groups, who are legally bound to respect international humanitarian law, regardless of their adversary’s behavior, and whether or not they recognize the law. It is to promote the principle that civilians may never be the object of attack that Human Rights Watch has published this report. The laws of war, binding on government armed forces and non-state armed groups, prohibit direct attacks on civilians, attacks made with no effort to distinguish between civilians and combatants, and attacks that cause civilian loss disproportionate to the expected military gain. Also prohibited are attacks intended primarily to spread terror among the civilian population. Crimes committed as part of a widespread or systematic attack against a civilian
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