War and Occupation in Iraq Published by: Arab Commission for Human Rights • Center for Constitutional Rights Center for Development of International Law • Code Pink Council on International and Public Affairs • Fellowship of Reconciliation Global Action on Aging • Global Exchange • Global Policy Forum Hague Appeal for Peace • Instituto del Tercer Mundo • Institute for Policy Studies International Center for Law in Development • International Women’s Tribune Center Iraq Analysis Group • Jewish Voice for Peace • Lawyers’ Committee on Nuclear Policy Mennonite Central Committee • Middle East Research & Information Project Nuclear Age Peace Foundation • PLATFORM • Presbyterian United Nations Office Protection of Human Rights Defenders in the Arab World • Social Watch Tavola della Pace • Transnational Institute United Methodist Church, General Board of Church and Society US Labor Against the War • Weltwirtschaft, Ökologie & Entwicklung (WEED) Women’s International League for Peace and Freedom June 2007 Acknowledgements: Report prepared by Global Policy Forum Principal Authors: James Paul and Céline Nahory Senior Researchers: Rachel Laurence and Mike Lewis Research Associates: Philippa Curran, Anna Dupont, Peter Jenkins, Alice Skipper. Production: Katarina Wahlberg We gratefully acknowledge helpful comments and input from: Tony Alessandrini, Phyllis Bennis, Medea Benjamin, John Burroughs, Rob Callard, Pratap Chatterjee, Steve Crawshaw, Peter Davies, Clarence Dias, Rachel DuBois Montgomery, Sean Garcia, Irene Gendzier, AK Gupta, Jessica Huber, Janis Karpinski, Joel Krieger, Jens Martens, Greg Muttit, Sayre Nyce, Chris Toensing, Cedric Turlan, Hans von Sponeck, Jeff Spurr, Elizabeth Stone, Peter Weiss, Kristele Younes. Thanks to Akiko Harayama for creating the special map. We thank Gordon Gray, Jr. for his very generous lead support of this project. We also thank the Arab Commission for Human Rights, Code Pink, the General Board of Church and Society - United Methodist Church, the General Board of Global Ministries - United Methodist Church, Global Exchange, the Samuel Rubin Foundation, the World Council of Churches United Nations Liaison Office, as well as other partners and many generous individual donors, for their partnership and financial assistance. Cover photo credit: Spec. Charles Gill, US Department of Defense War and Occupation in Iraq Published by: Arab Commission for Human Rights • Center for Constitutional Rights Center for Development of International Law • Code Pink Council on International and Public Affairs • Fellowship of Reconciliation Global Action on Aging • Global Exchange • Global Policy Forum Hague Appeal for Peace • Instituto del Tercer Mundo • Institute for Policy Studies International Center for Law in Development International Women’s Tribune Center • Iraq Analysis Group Jewish Voice for Peace • Lawyers’ Committee on Nuclear Policy Mennonite Central Committee • Middle East Research & Information Project Nuclear Age Peace Foundation • PLATFORM Presbyterian United Nations Office Protection of Human Rights Defenders in the Arab World • Social Watch Tavola della Pace • Transnational Institute United Methodist Church, General Board of Church and Society US Labor Against the War • Weltwirtschaft, Ökologie & Entwicklung (WEED) Women’s International League for Peace and Freedom June 2007 Contents Executive Summary....................................................................................... i Map of Major Coalition Attacks, Bases and Prisons Political Map of Iraq 1. Introduction................................................................................................ 1 2. Destruction of Cultural Heritage ............................................................. 13 3. Indiscriminate and Especially Injurious Weapons .................................. 23 4. Unlawful Detention.................................................................................. 31 5. Abuse and Torture of Prisoners ............................................................... 43 6. Attacks on Cities...................................................................................... 55 7. Killing Civilians, Murder and Atrocities................................................. 65 8. Displacement and Mortality .................................................................... 76 9. Corruption, Fraud and Gross Malfeasance .............................................. 86 10. Long-Term Bases and the New Embassy Compound.......................... 101 11. Other Issues........................................................................................... 111 • Iraqi Public Opinion and the Occupation .............................................. 111 • Cost of the War and Occupation............................................................ 112 12. Conclusion & Recommendations ........................................................ 116 i War and Occupation in Iraq Executive Summary 1 – Introduction groups and whose policies have failed to protect the Iraqi people or to bring On March 20, 2003, the United States, peace, prosperity and democracy, as ear- the United Kingdom and a Coalition of lier claimed. allies invaded Iraq and overthrew the government of Saddam Hussein. They From our perspective, the responsibility claimed to bring peace, prosperity and of the US Coalition is especially grave because the UN Security Council gave it democracy. But ever since, violence, a mandate. As such, it should comply civil strife and economic hardship have with the highest standards of interna- wracked the land. Though US President tional legality. Though the Council had George W. Bush delivered his “mission refused to authorize the war, just a few accomplished” speech on May 2, 2003, months later it mandated the Coalition as the conflict has continued for more than a “multinational force” (MNF). Council four years. Thousands of innocent peo- members at the time hoped that the UN ple are now dead and wounded, millions would assume a “vital role” in Iraq, lead- are displaced, several of Iraq’s cities lie ing the way back to peace and interna- in ruins, and enormous resources have tional legality. But this did not happen. been squandered. The United States allowed the UN only marginal involvement, both on the This report considers many aspects of ground and in New York. On August 19, the conflict, with special emphasis on 2003, a truck bomb destroyed UN head- the US Coalition’s responsibilities under quarters in Baghdad and the organization international law. It also considers po- drastically reduced its presence in the country. Since then, the UN has had al- litical and economic issues in Iraq and most no oversight role and the Security argues for urgent change, including a Council has rarely had a substantive dis- speedy withdrawal of Coalition forces. cussion about the matter. The report does not examine in detail the Each week, there are further disturbing insurgency, or the criminal gangs and reports from Iraq and further evidence of militias which are so often in the news. international law violations and massive These forces, which have diverse moti- human suffering. Iraqi public opinion vations, often engage in violent tactics overwhelmingly favors a near-term and some are responsible for large num- withdrawal and the public in the United bers of deaths and injuries among inno- States has signaled its disapproval of the cent Iraqi civilians. The increasing occupation in the Congressional mid- bloodshed and sectarian division among term elections. Public officials and mili- Iraqis is abhorrent. But whatever respon- tary commanders in Washington and sibility Iraqis themselves bear for the London increasingly express misgivings, present impasse within the country, the too. But understanding of the conflict primary responsibility lies with the remains incomplete and clouded by offi- United States and its Coalition, whose cial dogma and multiple misconceptions. military occupation gave rise to these ii This report hopes to bring new informa- from arbitrary arrest and the number of tion and analysis to the public debate, to prisoners has risen greatly since 2003. help bring an end to the suffering and More than thirty thousand detainees lack violence. fundamental rights and they are kept in deplorable physical conditions, many for 2 – Destruction of Cultural Heritage long periods. US commanders have turned over thousands of detainees to The United States and its allies ignored Iraqi authorities whose prisons seriously the warnings of organizations and schol- violate human rights standards. ars concerning the protection of Iraq’s cultural heritage, including museums, 5 – Prisoner Abuse and Torture libraries, archaeological sites and other precious repositories. Arsonists badly United States forces have criminally burned the National Library and looters abused and tortured large numbers of pillaged the National Museum. Looters Iraqi prisoners. Hundreds of Iraqis have also damaged or destroyed many historic suffered from this inhuman treatment buildings and artifacts. The US con- and some have died as a direct result. structed a military base on the site of an- Torture has taken place in many sites cient Babylon. Coalition forces de- across Iraq, including central prisons like stroyed or badly damaged many historic Abu Ghraib, secret interrogation centers urban areas and buildings, while thieves and dozens of local facilities. Torture have ruined thousands of incomparable, increasingly takes place in Iraqi prisons, unprotected