The Hindu : Opinion / News Analysis : `Jury of Conscience' indicts U.S., U.K. on Iraq

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Wednesday, Jun 29, 2005

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Opinion - News Analysis

`Jury of Conscience' indicts U.S., U.K. on Iraq

The Jury has called for the immediate and unconditional withdrawal of the coalition forces from the West Asian country.

"THE ATTACK on Iraq is an attack on justice, on liberty, on our safety, on our future, on us all" — The Jury of Conscience, set up by the World Tribunal on Iraq (WTI), meeting in Istanbul between June 24 and 27.

A press release by WTI, "a worldwide undertaking to reclaim justice," said the Jury, drawn from 10 different countries, heard testimonies from 54 members of the panel of advocates who came from across the world, including Iraq, the United States, and the United Kingdom. This global civil initiative came to an end with a press conference at which the Jury's conclusions were announced by its chairperson, writer Arundhati Roy.

The Jury of Conscience defined this war as one of the most unjust in history: "The Bush and Blair administrations blatantly ignored the massive opposition to the war expressed by millions of people around the world. They embarked upon one of the most unjust, immoral, and cowardly wars in history. The Anglo-American occupation of Iraq of the last 27 months has led to the destruction and devastation of the Iraqi state and society. Law and order have broken down completely, resulting in a pervasive lack of human security; the physical infrastructure is in shambles; the health care delivery system is a mess; the education system has ceased to function; there is massive environmental and ecological devastation; and, the cultural and archaeological heritage of the Iraqi people has been desecrated."

On the basis of these findings and recalling the Charter of the United Nations and other legal documents, the jury has established the following charges against the Governments of the U.S. and the U.K.:

Planning, preparing, and waging the supreme crime of a war of aggression in contravention of the United Nations Charter and the Nuremberg Principles.

Targeting the civilian population of Iraq and civilian infrastructure.

Using disproportionate force and indiscriminate weapon systems.

Failing to safeguard the lives of civilians during military activities and during the occupation period thereafter.

Using deadly violence against peaceful protestors.

Imposing punishments without charge or trial, including collective punishment.

Subjecting Iraqi soldiers and civilians to torture and cruel, inhuman, or degrading treatment.

Re-writing the laws of a country that has been illegally invaded and occupied.

Wilfully devastating the environment.

Actively creating conditions under which the status of Iraqi women has seriously been degraded.

Failing to protect humanity's rich archaeological and cultural heritage in Iraq.

Obstructing the right to information, including the censoring of Iraqi media.

Redefining torture in violation of international law, to allow use of torture and illegal detentions.

The Jury of Conscience also established charges against the Security Council of the United Nations for failing to stop war crimes and crimes against humanity among other failures; against the Governments of the Coalition of the Willing for collaborating in the invasion and occupation of Iraq; against the governments of other countries for allowing the use of military bases and air space and providing other logistical support; against private corporations for profiting from the war; against the major corporate media for disseminating deliberate falsehoods and failing to report atrocities.

The Jury also provided a number of recommendations that include recognising the right of the Iraqi people to resist the illegal occupation of their country and to develop independent institutions, and affirming that the right to resist the occupation is the right to wage a struggle for self-determination, freedom, and independence as derived from the Charter of the United Nations, we the Jury of Conscience declare our solidarity with the people of Iraq and call for the immediate and unconditional withdrawal of the coalition forces from Iraq.

The Istanbul session of the WTI lasted three days and presented testimony on the illegality and criminal violations in the U.S. pretexts for and conduct of this war. The expert opinion, witness testimony, video and image evidence addressed the impact of war on civilians, the torture of prisoners, the unlawful imprisonment of Iraqis without charges or legal defence, the use of depleted uranium weapons, the effects of the war on Iraq's infrastructure, the destruction of Iraqi cultural institutions, and the liability of the invaders in international law for failing to protect these treasures of humanity.

The session in Istanbul was the culminating session of commissions of inquiry and hearings held around the world over the past two years. Sessions on different topics related to the war on Iraq were held in London, Mumbai, Copenhagen, Brussels, New York, Japan, Stockholm, South Korea, Rome, Frankfurt, Geneva, Lisbon and Spain. They have compiled a definitive historical record of evidence on the illegality of the invasion and occupation that will be recorded in a forthcoming book. (WTI Press Release)

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