8. Conclusion: Upholding the Law in Iraq

Every country in the world is bound by principles of law developed over centuries to govern international relations. The essence of international law is the principled and consistent application of a single standard for the strong and weak alike. Selective manipulation of international law by powerful states undermines its legitimacy, just as domestic order is destroyed when powerful individuals are allowed to act above the law. This is the fundamental distinction between the rule of law to serve the common good of all people and the use of force to impose the special interests of a privileged elite.

International law was significantly strengthened through the creation and universal acceptance of the UN Charter, the Universal Declaration of Human Rights, and the Geneva Conventions over 50 years ago. These laws—established after World War II to protect humanity from a recurrence of that unprecedented carnage—provide a common set of rights and duties for states and citizens to resolve conflicts peaceably, protect human life and dignity, and promote sustainable economic and social development.

The basis of international law protections for civilian in conflict is under threat in Iraq. While the leaders of the Anglo-American invasion have focused public attention on violations of the Geneva Conventions by Iraqi forces, they have neglected to ensure that their own military forces abide by the same standards of law.

The world has been forewarned of the unlawful and inhumane consequences of attacking or disrupting Iraq’s electrical and water infrastructure. The precedent of the 1991 Gulf War demonstrates beyond question that even precision attacks against these facilities will claim a disportionate toll in civilian suffering and death. In recent months, numerous UN and independent studies have confirmed that the Iraqi people, and the life-sustaining services upon which they depend, are extremely vulnerable to war after 12 years of sanctions. We have been told repeatedly that the world is not prepared to address war’s likely humanitarian consequences. We cannot say that we did not know the costs of this conflict.

The decision by the US, UK and Australia to invade Iraq in violation of the UN Charter and the express will of the Security Council constituted a blow to the rule of international law.⁷² The question now is whether these countries will respect the laws governing warfare. If Anglo-American military forces continue to besiege major cities and disrupt electricity, Iraq’s entire structure of civilian life support—public health, water and sanitation, and food distribution—will collapse. This military strategy would therefore impose disproportionate costs on civilian life and property in violation of the most fundamental principles of law and humanity.

CESR believes that it is essential that all political and military personnel on all sides of the conflict who issue or carry out illegal orders be subject to prosecution for war crimes. We call upon organizations and individuals around the world to raise their voices and demand full respect for humanitarian and human rights law during the Iraq conflict. We urge all warring parties to declare publicly their commitment to abide by well-established principles of law, and to prevent the tragedy of unnecessary and unlawful civilian suffering.

CESR therefore calls upon the US, UK, Australia, and Iraq immediately to establish and respect:

• A cease-fire to enable impartial humanitarian agencies, independent of any military forces, to restore and maintain life-sustaining services to Iraqi civilians. A window of even 48 hours would enable humanitarian experts to assess civilian needs and propose effective response measures.

• Ongoing humanitarian corridors to enable aid agencies to ensure the survival of vulnerable civilian populations throughout the conflict. These corridors would be monitored by UN personnel to guarantee neutrality.

• Withdrawal of Anglo-American military forces to positions held before March 19, 2003, to allow the United Nations to fulfill its mandate of resolving the Iraq crisis in accordance with the UN Charter and international law.

CESR also calls upon all organs of the United Nations to support these measure publicly and forcefully. In particular:

• The Secretary-General, acting under Article 99 of the Charter, should issue a public statement calling for an end to war and, in the interim, humanitarian protection for vulnerable civilians in accordance with international human rights and humanitarian law.

• The Security Council, acting under Chapter VII, should fulfill its mandate to maintain international peace and security by introducing and passing a resolution calling for these measures.

• If one or more Council members blocks effective action, the General Assembly should pass a “Uniting for Peace” resolution calling for these measures.