IRAQ: UN Resolution Overlooks Key Human Rights Issues, Groups Say

By Jim Lobe Reprint | | Print |

Jim Lobe

WASHINGTON, May 23 2003 (IPS) - While member states of the United Nations Security Council congratulated themselves for lifting 12-year-old sanctions against Iraq on Thursday, global human rights group say the U.N. body missed an opportunity to examine possible rights abuses in the nation.

After the 14-0 vote to accept a U.S. resolution that would give occupying powers the United States and United Kingdom almost total control over the war-damaged nation, diplomats said the vote opened the door to begin rebuilding Iraq and restored the golden principle of Security Council unanimity.

But in separate statements, Amnesty International, Human Rights Watch (HRW), and the Lawyers Committee for Human Rights (LCHR) on Thursday condemned the Council for overlooking human-rights issues, particularly in light of the growing number of mass graves uncovered in various parts of Iraq since the end of the U.S.-led military campaign there last month.

”The Security Council has just missed an important opportunity to address the appalling human rights violations suffered by numerous Iraqis in the past,” said Amnesty in a statement.

”They also passed (up) the opportunity to ensure that the occupying powers act within the limits of their powers under international humanitarian law and protect the human rights of Iraqi citizens, now and in the future.”

Thursday’s vote came after lengthy negotiations over the past week between Washington and Britain and other members of the Security Council, most of which opposed the U.S.-led attack launched Mar. 20, and have since bargained for an enhanced U.N. role in the post-war period. The resolution asked U.N. Secretary-General Kofi Annan to appoint a special representative to Iraq to help with the administration.

The resolution itself dealt only vaguely with human-rights issues by ”affirm(ing) the need for accountability for crimes and atrocities committed by the previous regime,” but the Security Council ignored appeals by rights groups to establish a commission of experts to consult Iraqi society, analyse past crimes and recommend the best ways of addressing them.

It also defined the mandate of the U.N. special representative as including ”promoting the protection of human rights, promoting the safe return of refugees, and encouraging capacity building in policing and justice areas”.

Not enough, said HRW Executive Director Kenneth Roth. ”As more and more mass graves come to light, it’s appalling that the Security Council would remain silent on past abuses in Iraq,” he said. ”Ensuring justice for these crimes will be essential to breaking with impunity in Iraq and restoring the rule of law.”

Washington has said previously that it believes accountability for past rights abuses should rest with Iraqis themselves, although it did not exclude the possibility of some participation in international tribunals established to try former senior Iraqi government and military officials who may be charged with past atrocities, including, for example, the killing of as many as 100,000 Kurds during the notorious Anfal counter-insurgency campaign of the late 1980s.

But rights groups have argued that the world community should play a major role, because the Iraqi judicial system may not only be overwhelmed by the task, but would also be unlikely to be in a position to supply unbiased judges.

”Whether or not the question of accountability in Iraq is addressed successfully could make or break the prospects for peace and stability in the country,” said Michael Posner, LCHR’s executive director. ”This requires a partnership between the international community and the Iraqis themselves. A central role for the international community is crucial for ensuring the independence and efficacy of investigations and trials.”

LCHR, like the other rights groups, stressed that urgent action is required and should begin with the Security Council appointing a commission of experts with a mandate to examine information relating to the possible commission of crimes under international law, such as war crimes, crimes against humanity and genocide.

Those are precisely the kinds of acts that are now under the jurisdiction of the International Criminal Court (ICC) at the Hague. But its jurisdiction commenced only last Jul. 1 so does not cover crimes committed before that. In addition, Iraq never signed or ratified the underlying the Rome Statute that established the ICC.

HRW called for the Security Council to also approve a resolution deploying human-rights monitors to Iraq as it has in other post-conflict situations. ”As violence and instability continue in Iraq, monitors could help deter abuses and make recommendations for longer-term reforms,” said Roth.

The rights groups have criticised U.S. and British troops for failing to protect mass gravesites discovered over the past six weeks. Mourning relatives have exhumed bodies before forensic specialists could excavate the sites to help determine the circumstances under which thousands of victims of the government of former President Saddam Hussein were executed. Evidence gathered by experts may be critical to future trials.