03. Introduction

I don’t care what the international lawyers say, we are going to kick some ass.

– George W. Bush, Sept. 11, 2001¹⁰

The United States is committing war crimes and other serious violations of international law in Iraq as a matter of routine policy. The widely reported and egregious incidents of torture are the tip of the iceberg—not isolated excesses by “a few bad apples” in the United States military. Torture is a logical consequence of an occupation based on the systematic denial of rights guaranteed to Iraqis under international law.

The laws of occupation derive from both humanitarian law, including the Hague Regulations and Geneva Conventions, and human rights law, including the International Bill of Rights. Under well-established legal principles, Occupying Powers are required, first and foremost, to end the occupation and, in the interim: 1) to protect civilians and their property; 2) to ensure the well-being of the occupied population by respecting their human rights, including rights to life, health, food, education, and employment; and 3) to refrain from changing the country’s legal and economic systems.

This report by the Center for Economic and Social Rights presents ten categories of U.S. violations of the laws of occupation, documented by human rights groups, journalists, eyewitnesses, and, at times, the U.S. military itself. This “top ten” list, which is by no means comprehensive, demonstrates how U.S. practices violate the full range of laws meant to safeguard the rights of the Iraqi people. The systematic nature of these violations provides compelling evidence of a policy that is rotten at its core and requires a fundamental transformation of assumptions and objectives. The occupation of Iraq is not leading to greater respect for rights and democracy, as promised by the Bush Administration, but rather entrenching a climate of lawlessness and feeding an increasing spiral of violent conflict that will not end until the occupation ends and underlying issues of justice are addressed.

After providing details of these war crimes and rights violations, the report offers recommendations, conclusions, and a postscript summarizing the recent history of U.S. policy towards Iraq. The overall report is intended to support the growing peace and justice movements in the U.S. and worldwide in their efforts to end the occupation and promote solutions to the Iraq crisis based on respect for human rights and international law.