"The United Nations and my country share the deepest commitments. Both the American Declaration of Independence and the Universal Declaration of Human Rights proclaim the equal value and dignity of every human life. That dignity is honored by the rule of law, limits on the power of the state, respect for women, protection of private property, free speech, equal justice, and religious tolerance. That dignity is dishonored by oppression, corruption, tyranny, bigotry, terrorism and all violence against the innocent. And both of our founding documents affirm that this bright line between justice and injustice -- between right and wrong -- is the same in every age, and every culture, and every nation."September 21, 2004
President Bush Speaks to the United Nations General Assembly
Fine rhetoric, but did the president violate the rule of international law in his bombing, invasion, and occupation of Iraq? More importantly, is President Bush continuing to violate the international rule of law in his unceasing bombing campaign targeting Iraqi towns in pursuit of 'insurgents'?
Today U.S. aircrafts and tanks attacked what they described as rebel positions killing at least 10 people and injuring 92 others, hospital officials said. U.S. military strikes in Fallujah killed two people and wounded three Monday.
Since the president has declared Iraq free and sovereign we deserve a full accounting of their campaign against what they describe as 'rebel targets', but which are unmistakably directed to strike in the heart of civilian areas of Iraq. How does the U.S. distinguish between military and civilian targets as it indiscriminately bombs these areas? Has the U.S. military made any effort at all to determine whether their strikes have actually killed any 'rebels' and how do they justify the certain loss of civilian lives in the campaign and the maiming of others?
These actions would seem to be in direct violation of Articles 51 and 57 of the Geneva Convention. Are war crimes being committed by this president in Iraq?
Protocol 1
Additional to the Geneva Conventions, 1977
http://deoxy.org/wc/wc-proto.htm
PART IV: CIVILIAN POPULATION
Section 1: General Protection Against Effects of HostilitiesArticle 51: Protection of the Civilian Population1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
a. those which are not directed at a specific military objective;
b. those which employ a method or means of combat which cannot be directed at a specific military objective; or
c. those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as indiscriminate:
a. an attack by bombardment by any methods or means which treats as
a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and
b. an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals are prohibited.
7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.
8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57. (
http://deoxy.org/wc/wc-proto.htm#a57)
Article 57: Precautions in Attack1. In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
a. those who plan or decide upon an attack shall:
i. do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;
ii. take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects;
iii. refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;
b. an attack shall be canceled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;
c. effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not pemmit.
3. When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.
4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects
5. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.