Background
9 April 2003 marked the beginning of the illegal occupation of Iraq. It was on 20 March 2003 that American-led forces invaded the country, resulting in a deadly legacy of violence and destruction in the name of 'liberating’ the country. By 9 April 2003, 21 years ago to this day, the invading forces comprising the so-called “coalition of the willing” begun what would become a years-long occupation of the country, an occupation whose outcomes still subject Iraqi people to gross human rights violations to this day.
Geneva International Centre for Justice has for years documented the abuses of the occupation, and called on the international community to bring justice to the Iraqi people. As we reflect on the 21-mark since this tragic moment in the country’s history, it is important to highlight the ways in which the lives of Iraq’s people have been, and continue to be, profoundly impacted by it. These include:
- The killing of over 2 million Iraqi citizens
- The destruction of the country’s civilian infrastructure and cultural heritage
- The widespread use of arbitrary arrests, torture and enforced disappearances by the occupying forces
- The imposition of a sectarian regime, empowered by tyrannical militia, that bears no resemblance to a true democratic system.
- The destruction of the country’s environment, specifically in regard to the frequent use of toxic and radioactive weaponry and ammunitions by the occupation forces, contributing to significant health problems including the sharp rise in cases of cancer and child deformities
This article will address the circumstances that have brought these terrible conditions to life. It will discuss the crimes of the occupation, as well as those of the political structure, still present to this day, that it left behind. Then, it will provide an outline of GICJ’s calls to the international community to make amends for these atrocities.
A Legacy of Human Rights Violations
The False Pretenses of the Invasion and Subsequent Occupation
The coalition that invaded Iraq, beginning with its “Shock and Awe” bombardment of the capital, Baghdad, on 20 March 2003, claimed its actions were motivated by the desire to destroy the government’s supposed arsenal of Weapons of Mass Destruction (WMD). Despite years of investigation by international inspectors, neither the United Nations Special Commission (UNSCOM), the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC), nor the International Atomic Energy Agency (IAEA) ever found substantial evidence of WMDs in the country. Numerous insider reports have come out over the years indicating that the foreign administrations that led the invasion were themselves aware of this fact at the time, yet proceeded to plunge the country into darkness nonetheless.
A military invasion waged without a justification for war is purely a war of aggression, which according to the Tribunal of Nuremberg, is among the highest international crimes that can be committed. Such an act of aggression is further recognised as an international crime under the Rome Statute of the International Criminal Court (ICC). At every turn, the U.S. and U.K.-led forces flouted international law, and have since shown little remorse for doing so. It is only right that the perpetrators of this injustice be investigated and held accountable for the resulting atrocities.
Human Rights Violations Under the Occupation
Over 2 million Iraqi citizens were killed directly as a result of war-related violence caused by the U.S. invasion and occupation. The presence of coalition forces throughout the country, which we should note are widely documented to have launched airstrikes, bombings and ground raids on numerous civilian populations, only spurred chaos in their path. The instability caused by the occupation exacerbated sectarian tensions between ethnic and religious communities, leading to widespread violence, including targeted killings, bombings, and reprisal attacks. The occupation also created the conditions for the rise of several terrorist groups, most notably ISIS and Shia militias, which continue to commit untold human rights violations in regions of the country to this day.
The occupation forces also committed numerous other categories of human rights violations during their time in Iraq. These include mass enforced disappearances, including of journalists and media figures who brought to light the crimes of the invaders. Over the years, dozens of reports emerged of unspeakable abuse of detainees by coalition troops. The most infamous case was the revelation of systematic torture of prisoners at the Abu Ghraib prison by U.S. military personnel. The abuses included physical assault, sexual abuse, and psychological torture. Many of the victims will never recover from the trauma inflicted upon them.
The Foreign Imposition of a Violent Sectarian Political System
One of the gravest crimes of the occupation was the imposition of the existing sectarian system of governance. Under the 2005 constitution, power sharing in Iraq is determined along ethnic and religious lines, particularly between the Shia, Sunni, and Kurdish peoples. Not only are parliamentary seats and appointments to important offices designated on this basis, so too is the management of entire government ministries and departments. The results are profound. Iraqis lack access to basic services if they happen not to belong to the groups administering them. They are also subject to rampant corruption and systematic human rights violations, fostered by a siloed government structure that inhibits impartial investigations into its abuses.
It is no surprise that Iraqis today experience widespread poverty and unemployment, poor access to educational services, and routine political suppression. The deep societal divisions between communities seen today did not exist prior to the occupation. In fact, they were, and continue to be, promoted and reinforced by tyrannical sectarian militia, which were empowered to rule the country upon the reaching of an official agreement to reduce the presence of the occupation in December 2011. These militia today commit regular human rights violations, including mass killings, enforced disappearances, and the silencing of voices calling for freedom in the country.
Present-day Iraq’s predicament is a direct result of the occupation’s lies and neglect. The once-flourishing country used to have region-leading infrastructure and a promising economic and cultural future. Today, it is a breeding ground for violence, corruption and ethnic division.
GICJ’s Call for Justice in Iraq
GICJ has done extensive work over the years to shed light on this gross form of collective punishment upon the Iraqi people for supposed violations that never occurred, which amounts to international crimes. We’ve documented these atrocities since the beginning of the occupation, and submitted dozens of written and oral statements on the matter to international human rights bodies including the UN Human Rights Council (HRC), most recently for its 55th session.[1] In February 2024 we also presented our findings on the ongoing situation of Iraq before the UN Committee on Economic, Social and Cultural Rights (CESCR), Ultimately, the Committee determined that Iraq failed its commitment to uphold to preserve the economic and social rights of the people. It also highlighted its oppressive treatment of human rights defenders, the lack of independence of its judiciary, and its extensive corruption.
GICJ has also published several reports on the invasion and subsequent occupation.[2] We have additionally hosted numerous side events at the UN HRC over the years, featuring human rights activists, UN representatives, and academics.[3] Throughout our work, we have placed great emphasis on bolstering the voices of the Iraqi people, who have for decades called for the realisation of their basic rights, as well as accountability for the crimes they suffered. We will not cease doing so until these aims are achieved.
There is much that the international community can, and indeed must, do to realise such objectives. GICJ reiterates its urge for the United Nations, the international community, members of the “coalition of the willing” and the occupying States to finally assume their responsibilities and take the necessary steps to begin the process of reaching justice for Iraq and its people. While it is not possible to address all of the violations and injustices committed, we urgently call, as we have for more than two decades, on the above-mentioned bodies to set in motion the following:
An official apology
An apology to the Iraqi people is long overdue. Along with taking responsibility for their unlawful actions, all the governments of the “coalition of the willing” should issue an official apology to Iraq and its citizens. An official apology would be the first step in fulfilling the obligation of compensation stipulated under Article 36 of the Articles on State Responsibility.
An international legal tribunal
We call for the international community to form an international and impartial tribunal to investigate and prosecute all those responsible for the planning and execution of the Iraq War, and for war crimes and crimes against humanity committed during the course of that war.
We call for this international tribunal to be composed of fair and impartial judges, versed in international law, who will provide due process to those accused and who will ensure that the proceedings and outcomes, whatever they may be, contribute to civilizing and pacifying our chaotic world.
Restitution and Compensation
All the governments of the states comprising the “coalition of the willing” must compensate the Iraqi people for both material and moral injury sustained as a result of the invasion and occupation.
This would include the costs of rebuilding Iraqi infrastructure, government institutions, schools and private property that was bombed or damaged during the war or occupation.
Removal of all weapons and an environmental remediation
Article 35 of Protocol I, a 1977 amendment of the Geneva Conventions, specifically states that “It is prohibited to employ weapons, projectiles and material methods of warfare of a nature to cause superfluous injury or unnecessary suffering.” It also prohibits the employment of “methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage….”
In its use of white phosphorus and radioactive weapons, the U.S., U.K., and all members of the “coalition of the willing” committed direct violations of international humanitarian law. It should be noted that environmental harm done to Iraq’s landscape directly led to a sharp rise in cases of cancer and child deformities throughout the country. All countries involved must undertake and finance an environmental clean-up, specifically, the removal of dangerous weapons and ammunition still present in the country, as well as all toxins and radioactive remnants.
Restoration of the health system
The Iraqi health system today is in total collapse, with people suffering from widespread, preventable diseases, and lacking the necessary equipment, infrastructure and medical supplies to deal with the situation. Health services and infrastructure should be restored to pre-invasion levels, which at one time were the best in the region. Measures must also be introduced to ensure the safety of all health workers and practitioners.
Restoration of the education system
Prior to the war and occupation, Iraq had a history marked with incredible literacy achievements and an education system which was widely considered the best in West Asia. However, the impacts of these events since 2003 have caused a serious decline in the quality of education, teaching, and learning conditions at all levels.
The long-lasting upheaval and destruction following the invasion has left behind a government system that is failing to provide for, and enable, its population to access education. Thus, the international community must bear the responsibility of restoring the education system in Iraq and help the country develop it to international standards.
Protection of internally and externally displaced persons
The occupying countries, in cooperation with international human rights bodies like UNHCR, ICRC and UNAMI, should offer financial and political support to refugees, in accordance with UN resolution 1770 of 10 August 2007.
More than 6 million in Iraq were displaced from their homes as a result of the occupation. Many were forced to relocate within the country, while others fled its borders and became refugees. Both those internally and externally displaced suffered tremendously, incurring life-altering personal and financial losses in order to resettle. Many still face difficulties from this experience today.
Find disappeared persons
It is widely estimated that between 500,000 to one million Iraqis were disappeared since the 2003 invasion and the occupation that followed. Many of those who have disappeared languish in prisons, were executed, or have died in custody as a consequence of torture and abuse. It is imperative that these cases be disclosed in accordance with the convention for the Protection of All Persons from Enforced Disappearance (ICCPED) implemented in Iraq in 2010.
Appointment of a Special Rapporteur
It is imperative that the human rights abuses inflicted on the Iraqi people by the Iraqi authorities, the American occupation, foreign mercenaries and regional powers still present in the country be closely monitored and documented. The appointment of a special rapporteur is a critical first step in achieving justice for the Iraqi people.
United for Justice in Iraq
In failing to prevent the “coalition of the willing” from unlawfully invading Iraq, a sovereign country and one of its founding member states, the UN neglected to uphold international law, its principles, and guiding purposes. The efforts of all international organizations and non-governmental organizations must therefore be united in order to achieve the above goals and end the state of impunity for all the serious violations that occurred in Iraq, as a first step on the path to achieving justice for the Iraqi people.
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[1] https://www.youtube.com/watch?v=9eSscC6VoY0
[2] https://www.gicj.org/topics/thematic-issues/occupation
[3] https://www.gicj.org/conferences-meetings/human-rights-council-sessions/side-events
