Global Policy Forum

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1 – Introduction
On March 20, 2003, the United States and a group of allies invaded Iraq, without the authorization of the United Nations Security Council and against the overwhelming majority of world public opinion. Claims about weapons of mass destruction and terrorist ties to Iraq's government eventually proved thoroughly unfounded.

Though US President George W. Bush delivered his "mission accomplished" speech on May 2, 2003, the conflict has continued for more than four years. Hundreds of thousands of people are now dead or injured, over than three million are displaced, several of Iraq's cities lie in ruins, and hundreds of billions of dollars have been spent on a failed military campaign.

This report considers the conflict in detail, with special emphasis on the US Coalition's responsibilities under international law. It also considers political and economic issues in Iraq and argues for urgent change, including a speedy withdrawal of Coalition forces.

The report does not examine the insurgency, or the criminal gangs and militias which are so often in the news. These forces, which have very diverse motivations, often engage in repugnant tactics and some are responsible for large numbers of deaths and injuries among innocent Iraqi civilians. The increasingly sectarian conflict among Iraqis is likewise abhorrent. But whatever responsibility Iraqis themselves bear for the present violent impasse within the country, the primary responsibility must ultimately lie with the US Coalition, whose military occupation gave rise to these groups and whose policies have failed to protect the Iraqi people or to bring peace, prosperity and democracy, as earlier announced.

From our perspective, the responsibility of the US Coalition is especially grave because it is based on a later United Nations mandate and should in theory reflect the highest standards of international legality, as overseen by the UN Security Council. Though the Council had rejected the resolution to authorize the war, just a few months later it mandated the Coalition as a UN "multinational force" (MNF). Council members at the time hoped that the UN would assume a "vital role" in Iraq, leading the way back to peace and international legality. But this did not happen. The United States allowed the UN only marginal involvement, both on the ground and in New York. On August 19, 2003, a truck bomb destroyed UN headquarters in Baghdad and the organization drastically reduced its presence in the country. Since then, the UN has had almost no oversight role and the Security Council has rarely had a substantive discussion about the matter.

Each week, there are further disturbing reports from Iraq and further evidence of international law violations and massive human suffering. Iraqi public opinion overwhelmingly favors a near-term withdrawal and the public in the United States has signaled its disapproval of the occupation in the Congressional mid-term elections. Public officials and military commanders in Washington and London increasingly express misgivings, too. But understanding of the conflict remains incomplete and clouded by official dogma and multiple misconceptions. This report hopes to bring new information to the public debate, to help bring an end to this abominable conflict.

2- Cultural Heritage Destroyed
The United States and its allies ignored the warnings of organizations and scholars concerning the protection of Iraq 's cultural heritage, including museums, libraries, archaeological sites and other precious repositories. Arsonists badly burned the National Library and looters pillaged the National Museum . Looters also damaged or destroyed many historic buildings and artifacts. The US also constructed a military base on the site of ancient Babylon . Coalition forces destroyed or badly damaged many historic urban areas and buildings, while thieves have ruined thousands of incomparable, unprotected archeological sites.

3 – Indiscriminate and Especially Injurious Weapons [Read chapter]
US Coalition forces have used indiscriminate and especially injurious weapons that are banned by international convention or widely considered unacceptable and inhuman. The US used a napalm-type incendiary weapon as well as white phosphorous munitions, the latter against ground targets in densely populated areas. During the 2003 invasion, the US Coalition also made use of depleted uranium munitions and cluster bombs. Both violate prohibitions against weapons that cause unnecessary suffering and indiscriminate harm.

4 - Detention and Prisons [Read chapter]
The US Coalition and its Iraqi government partners have held a large number of Iraqi citizens in "security detention" without charge or trial, in direct violation of international law. No Iraqi is safe from arbitrary arrest and the number of prisoners has risen greatly since 2003. Twenty-eight thousand detainees lack fundamental rights and they are kept in deplorable physical conditions, many for long periods. US commanders have refused International Red Cross inspections and they have turned over thousands of detainees to Iraqi authorities whose prisons seriously violate human rights standards.

5– Prisoner Abuse and Torture [Read chapter]
United States forces have criminally abused and tortured large numbers of Iraqi prisoners. Hundreds of Iraqis have suffered from this inhuman treatment and some have died as a direct result. Torture has taken place in many sites across Iraq , including central prisons like Abu Ghraib, secret interrogation centers and dozens of local facilities. Torture increasingly takes place in Iraqi prisons, apparently with US awareness and complicity.

6 – Attacks on Cities [Read chapter]
US Coalition forces have attacked and destroyed a number of important Iraqi cities, on grounds that they were "insurgent strongholds." The attacks have resulted in the massive displacement of people, large civilian casualties, and colossal destruction of the urban physical infrastructure. In addition to Falluja, there have been assaults on a dozen other cities including al-Qaim, Tal Afar, Samarra , Haditha, and Ramadi. The attacks include intensive air and ground bombardment and cutting-off electricity, water, food and medicines. The attacks have left hundreds of thousands of people homeless and in displacement camps.

7 - Killing of Civilians, Murder and Atrocities [Read chapter]
US military commanders have established permissive "rules of engagement," allowing troops to use "deadly force" against virtually any perceived threat. As a consequence, the US and its allies regularly kill Iraqi civilians at checkpoints and during military operations, on the basis of the merest suspicion. US Coalition forces also kill many Iraqi non-combatants during military operations and air strikes. In this environment of permissive violence, some soldiers have committed pre-meditated murder, and several shocking atrocities, such as Haditha, have come to light.

8– Displacement and Mortality [Read chapter]
Displaced & Refugees As of April 2007, an estimated 1.9 million Iraqis were displaced within the country and over 2.2 million were refugees abroad. The Iraqi government estimates that 50,000 people are leaving their homes each month. The scale of the problem and the difficulty of reaching the displaced put the crisis practically beyond the capacity of the international relief system. Mortality A very large number of Iraqis have died under the occupation and the rate of mortality has risen sharply. In addition to combat deaths, Coalition forces have killed many Iraqi civilians. Iraqis have also died because of the disintegration of the health care system, as well as violence by militias, gangs, and death squads. A recent study estimates more than a half million "excess" deaths since 2003.

9– Corruption, Fraud and Gross Financial Negligence
Under the control or influence of US authorities, public funds in Iraq have been drained by massive corruption and stolen oil, leaving the country unable to provide basic services and incapable of rebuilding. Billions of dollars have disappeared. To avoid accountability, the US and UK undercut the UN-mandated International Advisory and Monitoring Board. Iraq has suffered from stolen cash, padded contracts, cronyism, bribes and kickbacks, waste and incompetence, as well as shoddy and inadequate contract performance. Major contractors, mostly politically-connected US firms, have made billions in profits.

10 - Long-Term Bases and the New Embassy Compound [Read chapter]
The United States has been building several very large, expensive and long-lasting military bases in Iraq as well as an enormous new embassy complex in Baghdad . These construction projects are very controversial. Iraqis overwhelmingly oppose the bases, as numerous opinion polls have shown, and the US Congress has also rejected spending of funds on "permanent" bases in Iraq . The bases and the exceptionally large embassy are widely seen as symbols that the US plans to wield enormous military and political influence in Iraq for many years to come.

11 - Other Issues
Cost of the War and Occupation - Iraq has sustained huge costs – including vast physical destruction, loss of life, injury, and trauma as well as lost economic production and lost oil revenue. The United States has spent approximately $400 billion in direct government appropriations for the conflict as of December, 2006. US federal budget costs have doubled from about $4 billion per month in 2003 to more than $8 billion per month in late 2006. According to one study, total US costs, including estimates of future spending, interest on the national debt, veterans' medical costs and other factors, have already passed $1 trillion and another estimate puts total cost at nearly $2 trillion. [Read] Iraqi Public Opinion and the Occupation - Opinion polls in Iraq show that the occupation has become increasingly and decisively unpopular. Even polls commissioned by the US and UK governments demonstrate clearly that a large majority of Iraqis are critical and favor a speedy withdrawal. By a large margin, Iraqis now feel that the occupation increases insecurity and sectarian violence. More than ever, Iraqis overwhelmingly want the occupation to end. [Read]

12 - Conclusion
The United States has established broad legal immunity in Iraq for its military forces, for private security personnel, for foreign military and civilian contractors, and even for the oil companies doing business with Iraq. No matter what crimes the Coalition commits, Iraqis now or in the future face legal barriers if they seek accountability. US Presidential Executive Order 13303, O rder 17 of the Coalition Provisional Authority, and other official dicta, shield foreign military personnel from arrest, detention, prosecution or punishment. While the US and its allies have applied limited legal reckoning in a few flagrant cases that became known to the public, punishment has been light and those with command responsibility have remained beyond the law.

Iraqis have sought broad reconciliation as a means to overcome sectarian conflicts and end the occupation. Real reconciliation is difficult, as it must bring together very diverse political groups, including Baathists, Kurdish nationalists, resistance fighters, Islamists, secular parties, trade unionists and many others. Still, several meetings of this type have taken place – in Amman , Cairo and Baghdad . Plans have been announced, but the US has opposed key elements, notably a broad amnesty. Iraqi leaders have been unable, thus far, to move beyond the stalemate. Inter-communal violence has continued to rise.

The US Coalition is not the sole cause of Iraq 's ills. There is no doubt that Iraqi-led criminal violence and sectarian political leaders have caused grave damage to the country and its future. But those who started the war and occupation – particularly the US and the UK – are responsible for the false claims they made, the illegal war that they waged and the vast destruction they have wrought. They are also responsible for the chaotic and violent conditions they have largely provoked and the grave violations of international law which they have systematically committed. The Security Council, because of the mandate it has given the MNF, also shares responsibility for the debacle.

The road ahead is very difficult. Iraq will not easily recover and achieve stability. But there are clear steps that can begin a resolution of the conflict. The United Nations and the international community must end the complicity of silence and vigorously address the Iraq crisis. The Security Council must assume its responsibilities and consider alternatives for the future. The US Congress must heed and act on the wishes of the electorate. The following policy recommendations suggest a path forward: