Det danske Fredsakademi
Kronologi over fredssagen og international politik 13. november 2004 / Timeline November 13, 2004
Version 3.512. November 2004, 14. November 2004
11/13/2004
Iraq: The War, the Occupation and International Law; The
Stockholm Hearing, November 13-14, 2004
A public hearing about the war against Iraq and the ongoing
occupation was held on November 13-14 in Stockholm. The theme of
the hearing was "Iraq: the War, the Occupation and International
Law". Among the participants were Iraqi witnesses and experts
coming directly from Baghdad, a number of Swedes with experience
from Iraq, prominent academics, experts in International Law from a
number of countries, peace research workers and publicists.
The hearing that was arranged by the Swedish Committee for the
World Tribunal on Iraq was a continuation of the broad public
opinion movement that in the beginning of 2003 manifested itself in
the largest peace demonstrations ever to take place in Sweden on
the eve of and after the military attack on Iraq. The hearing aimed
both to provide information and to activate Swedish public opinion,
as well as to make a contribution on the global level to the Wold
Tribunal on Iraq.
The conclusions presented here are a short summary based on their
presentations, the questionings during the hearing, written
documentation and relevant international conventions and principles
of international law.
I. The War, International Law and the Global Power Politics of the
United States
The war on Iraq that started on March 20, 2003 and which was
initiated and led by the US was an illegal war of aggression and as
such in breach of the UN charter and existing international law.
This has been made clear by the UN General Secretary and, among
others, the Swedish government. The war must be characterized a
crime against peace, which constitutes the most severe of all
international crimes and which was one of the four categories of
crime at the Nuremburg Trials in 1946.
The outlawing of the use of force is the cornerstone in the UN
charter and the result of century old efforts to declare war
illegal and eliminate it as a means to solve international
conflicts. By adopting in 2002 an official doctrine which advocates
so-called pre-emptive wars, the US government has openly challenged
the basic principle of peaceful co-existence between states. The
failure to protest against this officially announced doctrine of
attack undermines the UN charter.
All governments must in their bilateral relations and in different
international forums once more express their support for the UN
charter and its absolute outlawing of the use of force and
intensify their condemnations of the war of aggression against Iraq
by the US and its allies. What is needed now is once again the
formation of a powerful global public opinion, embraced by both
governments and popular movements, against war doctrines and for
support of the basic principles of the UN charter and especially
the outlawing of the use of force in the relation between
states.
II. The Occupation of Iraq: impact on society, economy, culture and
health
The military attack on Iraq was carried out with great ruthlessness
and resulted in widespread destruction of life and property. The
occupation powers, led by the US with their full responsibility for
order and security, have to take the consequences for the
large-scale destruction and plundering of Iraqi buildings and
property which took place during the period shortly after the start
of the occupation. The extent of the destruction and the magnitude
of the cost of the re-construction have consistently been
underestimated by the US.
The cultural treasures in Iraq, which are part of the heritage of
human civilization, have been plundered. Education and health care
are in a state of acute crisis.
The US has used its position as an occupant, in breach of the Hague
Convention, to fragmentize, privatize, reshape and force the Iraqi
economy into a state of dependency and deprived the Iraqi people
their long term possibilities to make sovereign economic and
political decisions in their own interests.
The decisions taken by the occupation powers and which are in
breach of international legal principles shall not and can not be
approved by the world community of states. The US must cease all
requirements and dictates which affect or can affect the Iraqi
economy and social structure.
In accordance with international legal principles, which are
obligations for an occupation power, the demand must now be
consistently made that the US and its allies unconditionally pay
reparations and fully cover the costs for the reconstruction of
Iraq after the damage caused by the war and the occupation.
III. The Occupation of Iraq: humanitarian law and human rights
US military operations in Iraq have since the beginning of the
attack and the start of the occupation been carried out with
blatant brutality and a reckless disregard of humanitarian law,
including applicable articles in the Geneva conventions.
The bombings, the blockades and the military raids into Iraqi
cities that strive to preserve their identity arouse disgust. The
attack on the city of Falluja has caused heavy civilian losses and
hundred of thousands people have been driven away as refugees.
These outrages must be emphatically condemned.
The systematic torture in Abu Ghraib and other prisons has chocked
a whole world. These violations and atrocities have been found to
be part of a deliberate policy, with direct connections to the US
government, to disregard the absolute prohibition of torture, one
of the strongest legal norms of International Law. The ban against
torture is explicitly stated in a number of conventions, and the
torture of prisoners of war constitutes a severe war crime.
The world community must react with utmost rigour against the US
atrocities in Iraq, otherwise the confidence in the whole
international system for humanitarian law and human rights will be
undermined. All states that have signed the Geneva conventions have
a common obligation to act upon breaches against the conventions.
All possibilities to act in order to investigate and condemn the
crimes committed must be tried within the framework of the
convention against torture, the conventions on human rights and the
UN Commission on Human Rights. This puts demands on both states and
popular movements to act quickly and decisively.
IV. Self -Determination and Democracy for the Iraqi People or
continued Occupation?
Iraq is still in all essential matters an occupied country. Peace,
self-determination and democracy for Iraq require that the
occupation forces leave the country and that the Iraqi people
themselves and without interference from abroad shall decide upon
their constitution and their form of government.
The elections which are planned by the regime installed by the
occupation powers do not fulfil basic democratic principles for
self-determination and excludes a large part of the electorate from
the political process. Their purpose is only to legitimize the
continued control of the country and will be followed by a
protracted war against the continued resistance against the
presence of the foreign troops.
Instead of accepting a continued war in Iraq the UN and its member
states must take steps to reach an immediate political solution
which includes the withdrawal of the foreign occupation forces,
negotiations with participation of all Iraqi parties including the
resistance, to carry out a genuine process of self-determination
with democratic elections to put an end to the conflict and form
the foundation for peace, reconciliation and rebuilding in Iraq.
This is the model which the UN has acted in accordance with at the
ending of other occupations and conflicts.
The conclusions have been summarized by a panel with the following
members:
Maj Britt Theorin, former member of the EU parliament and
former Swedish Ambassador for Disarmament (Chairman of the
panel)
Peter Curman, chairman of the Swedish Joint Committee for
Artistic and Literary Professionals (KLYS).
Stig Gustafsson, former head of legal department at The
Swedish Confederation of Professional Employees (TCO), and former
member of the Swedish parliament
Silakh Krikeb, Chairman of the Swedish Association of Muslim
Students
Christian Hårleman, Chairman of the Transnational
Foundation for Peace and Future Research (TFF)
Vivi Löfstedt, The Swedish Committee for the World
Tribunal on Iraq
Lars Gunnar Liljestrand, The Swedish Committee for the World
Tribunal on Iraq
Jan Lönn, The Swedish Committee for the World Tribunal
on Iraq (Secretary of the panel)
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