P5_TA(2002)0248 Iraq eleven years after European Parliament resolution on the situation in Iraq eleven years after the Gulf War (2000/2329(INI)) The European Parliament, – having regard to its resolutions of 13 April 2000 on the situation in Iraq1, of 6 July 2000 on Iraq2, of 7 September 2000 on the Turkish bombardment on northern Iraq3 and of 30 November 2000 on the progress achieved in the implementation of the common foreign and security policy4, – having regard to Rule 163 of its Rules of Procedure, – having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0157/2002), A. whereas the resumption of a democratic, secure and prosperous future for Iraq and its people is only possible if Iraq makes full use of the remarkable potential of the country in terms of its people, its oil and water resources and if it restores free and fair elections, full human rights observance for all, good governance and the rule of law; noting that Iraq will only then be able to resume its rightful place in the international community, B. having regard to the actual, original, direct aims of the sanctions, which were to prevent Iraq from rebuilding significant military capability, from threatening, or being in a position to threaten, other states and from obtaining access to weapons of mass destruction; whereas a further aim of the sanctions was to obtain the release by Iraq of the ca 600 Kuwaitis taken prisoner and to ensure that Iraq respected the sovereignty of Kuwait; whereas these sanctions, not least, indirectly encompassed the hope of an end to the bloody oppression of the Iraqi people by Saddam Hussein; whereas sanctions have not yet achieved these objectives, C. whereas Iraq continues to pose a threat to regional stability and world security, in particular through the reconstitution of prohibited programmes for the development of weapons of mass destruction, including the reconstruction of dual-use chemical production facilities and missile production facilities, the maintenance of the industrial capacity that could quickly produce biological warfare agents, and continued efforts to acquire materials for its nuclear weapons programme, D. whereas the Gulf Cooperation Council at the EU-GCC 12th joint council and ministerial meeting of 28 February 2002, expressed its commitment to the independence, territorial integrity and sovereignty of Kuwait, within internationally recognised borders, as well as 1 OJ C 40, 7.2.2001, p. 419. 2 OJ C 121, 24.4.2001, p. 407. 3 OJ C 135, 7.5.2001, p. 287. 4 OJ C 228, 13.8.2001, p. 165. for other countries in the region, including Iraq; noting with satisfaction that Iraq, at the Beirut Arab League Summit of 27 and 28 March 2002, solemnly pledged to respect Kuwait's internationally recognised borders, E. whereas the European Union and the Gulf Cooperation Council joint statement expressed their deep concern at the serious humanitarian situation within Iraq and reiterated the absolute obligation of the Iraqi government to implement fully and immediately all UN Security Council resolutions, including resolution 1284, and to cooperate in all respects with the United Nations and subsidiary bodies, in order to allow for the suspension, and in due course the lifting, of sanctions, F. whereas the Barcelona European Council regrettably did not make a statement on the situation of Iraq; firmly believing that it is essential that the EU define a common position on Iraq; reaffirming its view that a solution to the problems in relation to Iraq must be sought within the context of strictly applying the Charter of the United Nations and the existing UN Security Council resolutions, G. whereas the Iraqi government has continued, throughout the last eleven years, to increase its regime of terror against all levels of society, and to commit gross and massive human rights violations, including an active policy of persecution of the Kurdish, Turkmen and Assyrian populations in the North and of the Shia in the South, and particularly of the inhabitants of the Lower Mesopotamian Marshlands, including the complete destruction of their identity, ancient way of life and waterways; noting that there are no signs of changing that policy, H. whereas Saddam Hussein is deliberately fuelling the Israeli-Palestinian crisis by encouraging the very worst acts of Palestinian terrorism through direct and publicly announced payments to the families of suicide bombers, I. whereas the situation and status of women, children, ethnic minorities and religious groups has deteriorated drastically and significantly inside Iraq in the last decade, during which time political, religious, civil and family rights have been destroyed; noting the systematic violation of the Convention of the Rights of the Child and the military training of minors and associated practices, J. whereas the Iraqi government has failed to co-operate with the United Nations and the international community in implementing post Iran/ Iraq and Gulf war obligations, refusing in particular to accept untrammelled international inspections and monitoring missions regarding weapons of mass destruction, demanding that the resumption of the dialogue between United Nations Secretary General and Foreign Minister of Iraq, as initiated on 7 March 2002, bring a clear commitment by the Iraqi Government to implement all outstanding UN Security Council resolutions, K. whereas self-isolation and lack of cooperation with the international community, extreme militarisation and near-total state control has become an intolerable and painful burden on the Iraqi people and has seriously harmed the national economy, L. recalling that the regime of Saddam Hussein has managed over the years to systematically destroy the possibilities for Iraq's own food production in many different ways, including the draining of marshes, so that the country has become more and more dependent on importation of food, M. whereas there is strong evidence confirmed by UNEP and Security Council Permanent Members of protracted, large-scale drainage operations of the South Iraqi marshlands over the last ten years that have resulted in the almost complete destruction of the millenia-old marshlands with the remaining 10% of the permanent wetland surface now in danger, causing a human and environmental disaster of global magnitude and impact; whereas rehabilitation of part of the South Iraqi marshlands is still possible and is extremely necessary for environmental, agricultural, ecological and humanitarian reasons, N. recalling that, following the policy of arabisation and ethnic cleansing in the regions of Kirkuk, Sinjar, Mandali, Jalawla et Mossoul in areas under the control of the Iraqi regime, over 800 000 internally displaced persons of Kurdish, Turkmen or Assyro-Chaldean identity are at present in the three Kurdish Northern provinces, 1. Endorses the resolution adopted on 19 April 2002 by the United Nations Commission for Human Rights on the situation of human rights in Iraq; is equally dismayed that there has been no improvement in the situation; therefore strongly condemns the widespread and extremely serious and sustained violations of human rights and of international humanitarian law by the Iraqi government by means of wide-scale discrimination and terror; strongly condemns as well the widespread use of the death penalty, the summary and arbitrary executions, the so-called clean-out of prisons, the use of torture and rape as instruments of coercion and policy-making, as well as the forced relocation of peoples; deeply deplores the significant number of missing persons; 2. Calls on the Iraqi government to fully respect its obligations under international human rights treaties and international humanitarian law, to cooperate with the United Nations to bring the actions of its military and security forces within the standards of international law, to establish independence of judiciary, to respect the rights of all ethnic and religious groups and to cease immediately the practices of forced deportation and relocation; 3. Takes note of the report submitted to the UN Commission on Human Rights by the United Nations Human Rights Special Rapporteur, confirming the critical need for dramatic improvement of human rights; recalls that it is of the utmost urgency to deploy special observers on human rights in the whole territory; notes and supports the exceptional efforts the Secretary General of the UN has made consistently on all matters affecting Iraq, and calls for the creation of an international commission to investigate disappearances throughout Iraq; 4. Insists that the Iraqi government cease immediately its support and encouragement for the murderous policy of suicide bombing and instead promote policies that will contribute to a peaceful resolution of the Middle East situation; 5. Urges the Council and the Member States to take all the necessary measures to bring those Iraq régime officials responsible for serious violations of international humanitarian law carried out within Iraq territories and beyond before an ad hoc international tribunal for Iraq; such a tribunal to be established either by United Nations Security Council Resolution under Chapter VII of the UN Charter or pursuant to treaty by the concerned and injured states; and being required, since Article 11 Jurisdiction ratione temporis of the Rome Statute of the International Criminal Court gives jurisdiction only with respect to crimes committed after the entry into force of the Statute, namely,