While it is true that laws are an evolving body of dos amd donts, whatever
laws a community has agreed to at a particular point in time are the ones
that the members of that community are obligated to follow. A violation is
a crime, regardless of whether a particular violator agrees with the laws
or not.
Given that understanding, the determination by the Center for Economic and
Social Rights that the United States has seriously violated the laws of
occupation to which it has subscribed, and continues to do so, is nothing
short of shameful.
Although the Center has identified ten areas in which crimes have been
committed, the one that seems to be growing most rapidly at the moment
concerns the prohibition against fundamentally changing the economy of an
occupied country.
According to the CESR report:
As an Occupying Power, the U.S. is prohibited from
imposing major legal, political or economic changes in
Iraq. However, the Coalition Provisional Authority has
issued a number of executive orders that aim to privatize
Iraq's economy for the benefit of American corporations,
with little consideration for the welfare and rights of
the Iraqi people. These changes violate international
law and have no binding legal effect.
That seems pretty clear. The only question remaining is who's going to
bring the United States to account?
Violation #1
Failure to Allow Self-Determination. The "full sovereignty" that the Bush administration claims will be restored to Iraq on June 30, 2004 is a sham without legal effect. Genuine self-determination requires the free exercise of political choice, full control over internal and external security, and authority ofver social and economic policy. Until that happens, Iraq is, and will remain , an occupied country, and the U.S will remain subject to the laws of occupation.
Violation # 2
Failure to provide public order and safety. The US violated international law and caused untold damage to the people and heritage of Iraq by allowing the wholesale looting of Iraq's public, religious, cultural, and civilian institutions and propterties. The US also created a climate of unbridled lawlessness by dismissing the entire army, security, and law enforcement personnel without a back-up plan to maintin public safety--predictably resulting in a sharp increase in Violent crime, especially directed against women.
Violation # 3
Unlawful Attacks. US forces have routinely conducted indiscriminate attacks on populated areas of Iraq, causing widespread and unnecessary civilian casualties. Ambulances, medical staff and facilities have been targeted by snipers and regular forces in violation of the Geneva Conventions. To date there has been no official effort to seek accountability for these war crimes.
Violation # 4
Unlawful Detention and Torture. It is regular policy for US forces to indiscriminately arrest and detain Iraqi civilians without charge or dur process. Up to 90 % of the 43,000 Iraqis detained under the occupation are reported to be innocent bystanders wept up in illegal mass arrests. The much-publicized torture, rape, and murder of detainees is a systemic practice in US prisons throughout Iraq, the result of decisions made at the highest levels of the Bush Administration.
Violation # 5
Collective Punishment. Taking a cue from Israeli tactics in the Occupied Palestinian Territories that have been widely condemned as war crimes, the US has imposed collective punishment on Iraqi civilians. These tactics include demolishing civilian homes, ordering curfews in populated areas, preventing free movement through checkpoints and road closures, sealing off entire towns and villages, and using indiscriminate, overwhelming force in crowded urban areas.
Violation # 6
Failure to Ensure Vital Services. The US is legally required to meet the needs of Iraq's population by maintaining electricity, water, sanitation, and other services vital to people's life, health and well-being. Yet despite the Bush Administration's funneling billions of taxpayer dollars to majore corporate contributors in secret deal to "reconstruct" Iraq, these essential services remain in disrepair, often in worse condition than before the occupation.
Violation # 7
Failure to Protect the Rights to Health and Life. The US is violating Iraqis' rights to life and health by failing to ensure access to healthcare and to prevent the spread of contagious disease. The Health infrastructure is in disrepair, unsanitary conditions are widespread even in hospitals, drugs and medical supplies are in short supply, clean water and sanitation are largely unavailable, and medical statistics report disease outbreaks and increased mortality throughout the country.
Violation # 8
Failure to Protect the Rights to Food and Education. The US is required to ensure that the population has physical and financial access to food and education. Yet 60% of the population depends on a monthly food ration and 11 million Iraqis are classified as food insecure. The education system is in shambles, with two-thirds of school-age children in Baghdad skipping school because of dilapidated conditions, lack of teachers, and well-founded fears of crime.
Violation # 9
Failure to Protect the Right to Work. In violation of the right to work, the US summarily dismissed more than half a million workers, civil servants, teachers and other professionals--without any evidence of wrongdoing or opportunity to defend themselves. Moreover, American corporations in Iraq generally rely on foreign rather than Iraqi contractors, exacerbating the unemployment crisis, and slowing the reconstruction process. More than 60% of Iraqis are unemployed.
Violation # 10
Fundamentally Changing the Economy. As an Occupying Power, the US is prohibited from imposing major legal, political or economic changes in Iraq. However, the Coalition Provisional Authority has issued a number of executive orders that aim to privatize Iraq's economy for the benefit of American corporations, with little consideration for the welfare and rights of the Iraqi people. These changes violate international law and have no binding legal effect.
Posted by Hannah at June 20, 2004 09:09 AM