International War Crimes Tribunal
United States War Crimes Against Iraq
George Bush, J. Danforth Quayle, James Baker,
Richard Cheney, William Webster, Colin Powell,
Norman Schwarzkopf and Others to be named
Crimes Against Peace, War Crimes, Crimes Against
Humanity and Other Criminal Acts and High Crimes in
Violation of the Charter of the United Nations,
International Law, the Constitution of the United States
and Laws made in Pursuance Thereof.
These charges have been prepared prior to the first hearing of the Commission of
Inquiry by its staff. They are based on direct and circumstantial evidence from public
and private documents; official statements and admissions by the persons charged and
others; eyewitness accounts; Commission investigations and witness interviews in Iraq,
the Middle East and elsewhere during and after the bombing; photographs and video
tape; expert analyses; commentary and interviews; media coverage, published reports
and accounts gathered between December 1990 and May l991. Commission of
Inquiry hearings will be held in key cities where evidence is available supporting,
expanding, adding, contradicting, disproving or explaining these, or similar charges
against the accused and others of whatever nationality. When evidence sufficient to
sustain convictions of the accused or others is obtained and after demanding the
production of documents from the U.S. government, and others, and requesting
testimony from the accused, offering them a full opportunity to present any defense
personally, or by counsel, the evidence will be presented to an International War
Crimes Tribunal. The Tribunal will consider the evidence gathered, seek and examine
whatever additional evidence it chooses and render its judgment on the charges, the
evidence, and the law.
Since World War I, the United Kingdom, France, and the United States have
dominated the Arabian Peninsula and Gulf region and its oil resources. This has been
accomplished by military conquest and coercion, economic control and exploitation,
and through surrogate governments and their military forces. Thus, from 1953 to 1979
in the post World War II era, control over the region was exercised primarily through
U.S. influence and control over the Gulf sheikdoms of Saudi Arabia and through the
Shah of Iran. From 1953 to 1979 the Shah of Iran acted as a Pentagon/CIA surrogate
to police the region. After the fall of the Shah and the seizure of U.S. Embassy
hostages in Teheran, the U.S. provided military aid and assistance to Iraq, as did the
USSR, Saudi Arabia, Kuwait and most of the Emirates, in its war with Iran. U.S.
policy during that tragic eight year war, 1980 ‑ 1988, is probably best summed up by
the phrase, "we hope they kill each other."
Throughout the seventy‑five year period from Britain's invasion of Iraq early in World
War I to the destruction of Iraq in 1991 by U.S. air power, the United States and the
United Kingdom demonstrated no concern for democratic values, human rights, social
justice, or political and cultural integrity in the region, nor for stopping military
aggression there. The U.S. supported the Shah of Iran for 25 years, selling him more
than $20 billion of advanced military equipment between 1972 and 1978 alone.
Throughout this period the Shah and his brutal secret police called SAVAK had one of
the worst human rights records in the world. Then in the 1980s, the U.S. supported
Iraq in its wrongful aggression against Iran, ignoring Iraq's own poor human rights
When the Iraqi government nationalized the Iraqi Petroleum Company in 1972, the
Nixon Administration embarked on a campaign to destabilize the Iraqi government. It
was in the 1970s that the U.S. first armed and then abandoned the Kurdish people,
costing tens of thousands of Kurdish lives. The U.S. manipulated the Kurds through
CIA and other agencies to attack Iraq, intending to harass Iraq while maintaining
Iranian supremacy at the cost of Kurdish lives without intending any benefit to the
Kurdish people or an autonomous Kurdistan.
The U.S. with close oil and other economic ties to Saudi Arabia and Kuwait has fully
supported both governments despite the total absence of democratic institutions, their
pervasive human rights violations and the infliction of cruel, inhuman and degrading
punishments such as stoning to death for adultery and amputation of a hand for
The U.S., sometimes alone among nations, supported Israel when it defied scores of
UN resolutions concerning Palestinian rights, when it invaded Lebanon in a war which
took tens of thousands of lives, and during its continuing occupation of southern
Lebanon, the Golan Heights, the West Bank and Gaza.
The United States itself engaged in recent aggressions in violation of international law
by invading Grenada in 1983, bombing Tripoli and Benghazi in Libya in 1986, financing
the contra in Nicaragua, UNITA in southern Africa and supporting military
dictatorships in Liberia, Chile, E1 Salvador, Guatemala, the Philippines, and many
The U.S. invasion of Panama in December 1989 involved the same and additional
violations of international law that apply to Iraq's invasion of Kuwait. The U.S. invasion
took between 1,000 and 4,000 Panamanian lives. The United States government is still
covering up the death toll. U.S. aggression caused massive property destruction
throughout Panama. According to U.S. and international human rights organization
estimates, Kuwait's casualties from Iraq's invasion and the ensuing months of
occupation were in the "hundreds" ‑ between 300 and 600. Reports from Kuwait
list 628 Palestinians killed by Kuwaiti death squads since the Sabah royal family
regained control over Kuwait.
The United States changed its military plans for protecting its control over oil and other
interests in the Arabian Peninsula in the late 1980s when it became clear that economic
problems in the USSR were debilitating its military capacity and Soviet forces
withdrew from Afghanistan. Thereafter, direct military domination within the region
became the U.S. strategy.
With the decline in U.S. oil production through 1989, experts predicted U.S. oil
imports from the Gulf would rise from 10% that year to 25% by the year 2000.
Japanese and European dependency is much greater.
1. The United States engaged in a pattern of conduct beginning in
or before 1989 intended to lead Iraq into provocations justifying
U.S. military action against Iraq and permanent U.S. military
domination of the Gulf.
In 1989, General Colin Powell, Chairman of the Joint Chiefs of Staff, and General
Norman Schwarzkopf, Commander in Chief of the Central Command, completely
revised U.S. military operations and plans for the Persian Gulf to prepare to intervene
in a regional conflict against Iraq. The CIA assisted and directed Kuwait in its actions.
At the time, Kuwait was violating OPEC oil production agreements, extracting
excessive amounts of oil from pools shared with Iraq and demanding repayment of
loans it made to Iraq during the Iran‑Iraq war. Kuwait broke off negotiations with Iraq
over these disputes. The U.S. intended to provoke Iraq into actions against Kuwait
that would justify U.S. intervention.
In 1989, CIA Director William Webster testified before the Congress about the
alarming increase in U.S. importation of Gulf oil, citing U.S. rise in use from 5% in
1973 to 10% in 1989 and predicting 25% of all U.S. oil consumption would come
from the region by 2000. In early 1990, General Schwarzkopf informed the Senate
Armed Services Committee of the new military strategy in the Gulf designed to protect
U.S. access to and control over Gulf oil in the event of regional conflicts.
In July 1990, General Schwarzkopf and his staff ran elaborate, computerized war
games pitting about 100,000 U.S. troops against Iraqi armored divisions.
The U.S. showed no opposition to Iraq's increasing threats against Kuwait. U.S.
companies sought major contracts in Iraq. The Congress approved agricultural loan
subsidies to Iraq of hundreds of millions of dollars to benefit U.S. farmers. However,
loans for food deliveries of rice, corn, wheat and other essentials bought almost
exclusively from the U.S. were cut off in the spring of 1990 to cause shortages. Arms
were sold to Iraq by U.S. manufacturers. When Saddam Hussein requested U.S.
Ambassador April Glaspie to explain State Department testimony in Congress about
lraq's threats against Kuwait, she assured him the U.S. considered the dispute a
regional concern, and it would not intervene. By these acts, the U.S. intended to lead
Iraq into a provocation justifying war.
On August 2, 1990, Iraq occupied Kuwait without significant resistance.
On August 3, 1990, without any evidence of a threat to Saudi Arabia, and King Fahd
believed Iraq had no intention of invading his country, President Bush vowed to defend
Saudi Arabia. He sent Secretary Cheney, General Powell, and General Schwarzkopf
almost immediately to Saudi Arabia where on August 6, General Schwarzkopf told
King Fahd the U.S. thought Saddam Hussein could attack Saudi Arabia in as little as
48 hours. The efforts toward an Arab solution of the crisis were destroyed. Iraq never
attacked Saudi Arabia and waited over five months while the U.S. slowly built a force
of more than 500,000 soldiers and began the systematic destruction by aircraft and
missiles of Iraq and its military, both defenseless against U.S. and coalition technology.
In October 1990, General Powell referred to the new military plan developed in 1989.
After the war, General Schwarzkopf referred to eighteen months of planning for the
The U.S. retains troops in Iraq as of May 1991 and throughout the region and has
announced its intention to maintain a permanent military presence.
This course of conduct constitutes a crime against peace.
2. President Bush from August 2, 1990, intended and acted to
prevent any interference with his plan to destroy Iraq economically
Without consultation or communication with Congress, President Bush ordered 40,000
U.S. military personnel to advance the U.S. buildup in Saudi Arabia in the first week of
August 1990. He exacted a request from Saudi Arabia for U.S. military assistance and
on August 8, 1990, assured the world his acts were "wholly defensive." He waited until
after the November 1990 elections to announce his earlier order sending more than
200,000 additional military personnel, clearly an assault force, again without advising
Congress. As late as January 9, 1991, he insisted he had the constitutional authority to
attack Iraq without Congressional approval.
While concealing his intention, President Bush continued the military build up of U.S.
forces unabated from August into January 1991, intending to attack and destroy Iraq.
He pressed the military to expedite preparation and to commence the assault before
military considerations were optimum. When Air Force Chief of Staff General Michael
J. Dugan mentioned plans to destroy the Iraqi civilian economy to the press on
September 16, 1990, he was removed from office.
President Bush coerced the United Nations Security Council into an unprecedented
series of resolutions, finally securing authority for any nation in its absolute discretion by
all necessary means to enforce the resolutions. To secure votes the U.S. paid
multi‑billion dollar bribes, offered arms for regional wars, threatened and carried out
economic retaliation, forgave multi‑billion dollar loans (including a $7 billion loan to
Egypt for arms), offered diplomatic relations despite human rights violations and in
other ways corruptly exacted votes, creating the appearance of near universal
international approval of U.S. policies toward Iraq. A country which opposed the
U.S., as Yemen did, lost millions of dollars in aid, as promised, the costliest vote it ever
President Bush consistently rejected and ridiculed Iraq's efforts to negotiate a peaceful
resolution, beginning with Iraq's August 12, 1990, proposal, largely ignored, and
ending with its mid‑February 1991 peace offer which he called a "cruel hoax." For his
part, President Bush consistently insisted there would be no negotiation, no
compromise, no face saving, no reward for aggression. Simultaneously, he accused
Saddam Hussein of rejecting diplomatic solutions.
President Bush led a sophisticated campaign to demonize Saddam Hussein, calling him
a Hitler, repeatedly citing reports ‑ which he knew were false ‑ of the murder of
hundreds of incubator babies, accusing Iraq of using chemical weapons on his own
people and on the Iranians knowing U.S intelligence believed the reports untrue.
After subverting every effort for peace, President Bush began the destruction of Iraq
answering his own question, "Why not wait? . . . The world could wait no longer." The
course of conduct constitutes a crime against peace.
3. President Bush ordered the destruction of facilities essential to
civilian life and economic productivity throughout Iraq.
Systematic aerial and missile bombardment of Iraq was ordered to begin at 6:30 p.m.
EST January 16, 1991, eighteen and one‑half hours after the deadline set on the
insistence of President Bush, in order to be reported on television evening news in the
U.S. The bombing continued for forty‑two days. It met no resistance from Iraqi aircraft
and no effective anti‑aircraft or anti‑missile ground fire. Iraq was defenseless.
The United States reports it flew 110,000 air sorties against Iraq, dropping 88,000
tons of bombs, nearly seven times the equivalent of the atomic bomb that destroyed
Hiroshima. 93% of the bombs were free falling bombs, most dropped from higher than
30,000 feet. Of the remaining 7% of the bombs with electronically guided systems,
more than 25% missed their targets, nearly all caused damage primarily beyond any
identifiable target. Most of the targets were civilian facilities.
The intention and effort of the bombing of civilian life and facilities was to systematically
destroy Iraq's infrastructure leaving it in a preindustrial condition. Iraq's civilian
population was dependent on industrial capacities. The U.S. assault left Iraq in a near
apocalyptic condition as reported by the first United Nations observers after the
war. Among the facilities targeted and destroyed were:
electric power generation, relay and transmission;
water treatment, pumping and distribution systems and reservoirs;
telephone and radio exchanges, relay stations, towers and transmission facilities;
food processing, storage and distribution facilities and markets, infant milk
formula and beverage plants, animal vaccination facilities and irrigation sites;
railroad transportation facilities, bus depots, bridges, highway overpasses,
highways, highway repair stations, trains, buses and other public transportation
vehicles, commercial and private vehicles;
oil wells and pumps, pipelines, refineries, oil storage tanks, gasoline filling
stations and fuel delivery tank cars and trucks, and kerosene storage tanks;
sewage treatment and disposal systems;
factories engaged in civilian production, e.g., textile and automobile assembly;
historical markers and ancient sites.
As a direct, intentional and foreseeable result of this destruction, tens of thousands of
people have died from dehydration, dysentery and diseases caused by impure water,
inability to obtain effective medical assistance and debilitation from hunger, shock, cold
and stress. More will die until potable water, sanitary living conditions, adequate food
supplies and other necessities are provided. There is a high risk of epidemics of
cholera, typhoid, hepatitis and other diseases as well as starvation and malnutrition
through the summer of 1991 and until food supplies are adequate and essential services
Only the United States could have carried out this destruction of Iraq, and the war was
conducted almost exclusively by the United States. This conduct violated the UN
Charter, the Hague and Geneva Conventions, the Nuremberg Charter, and the laws of
4. The United States intentionally bombed and destroyed civilian
life, commercial and business districts, schools, hospitals,
mosques, churches, shelters, residential areas, historical sites,
private vehicles and civilian government offices.
The destruction of civilian facilities left the entire civilian population without heat,
cooking fuel, refrigeration, potable water, telephones, power for radio or TV
reception, public transportation and fuel for private automobiles. It also limited food
supplies, closed schools, created massive unemployment, severely limited economic
activity and caused hospitals and medical services to shut down. In addition, residential
areas of every major city and most towns and villages were targeted and destroyed.
Isolated Bedouin camps were attacked by U.S. aircraft. In addition to deaths and
injuries, the aerial assault destroyed 10 ‑ 20,000 homes, apartments and other
dwellings. Commercial centers with shops, retail stores, offices, hotels, restaurants and
other public accommodations were targeted and thousands were destroyed. Scores of
schools, hospitals, mosques and churches were damaged or destroyed. Thousands of
civilian vehicles on highways, roads and parked on streets and in garages were targeted
and destroyed. These included public buses, private vans and mini‑buses, trucks,
tractor trailers, lorries, taxi cabs and private cars. The purpose of this bombing was to
terrorize the entire country, kill people, destroy property, prevent movement,
demoralize the people and force the overthrow of the government.
As a result of the bombing of facilities essential to civilian life, residential and other
civilian buildings and areas, at least 125,000 men, women and children were killed. The
Red Crescent Society of Jordan estimated 113,000 civilian dead, 60% children, the
week before the end of the war.
The conduct violated the UN Charter, the Hague and Geneva Conventions, the
Nuremberg Charter, and the laws of armed conflict.
5. The United States intentionally bombed indiscriminately
In aerial attacks, including strafing, over cities, towns, the countryside and highways,
U.S. aircraft bombed and strafed indiscriminately. In every city and town bombs fell by
chance far from any conceivable target, whether a civilian facility, military installation or
military target. In the countryside random attacks were made on travelers, villagers,
even Bedouins. The purpose of the attacks was to destroy life, property and terrorize
the civilian population. On the highways, civilian vehicles including public buses taxicabs
and passenger cars were bombed and strafed at random to frighten civilians from flight,
from seeking food or medical care, finding relatives or other uses of highways. The
effect was summary execution and corporal punishment indiscriminately of men,
women and children, young and old, rich and poor, all nationalities including the large
immigrant populations even Americans, all ethnic groups, including many Kurds and
Assyrians, all religions including Shia and Sunni Moslems, Chaldeans and other
Christians, and Jews. U.S. deliberate indifference to civilian and military casualties in
Iraq, or their nature, is exemplified by General Colin Powell's response to a press
inquiry about the number dead from the air and ground campaigns: "It's really not a
number I'm terribly interested in."
The conduct violates Protocol I Additional, Article 51.4 to the Geneva Conventions of
6. The United States intentionally bombed and destroyed Iraqi
military personnel, used excessive force, killed soldiers seeking to
surrender and in disorganized individual flight, often unarmed and
far from any combat zones and randomly and wantonly killed Iraqi
soldiers and destroyed materiel after the cease fire.
In the first hours of the aerial and missile bombardment, the United States destroyed
most military communications and began the systematic killing of soldiers who were
incapable of defense or escape and the destruction of military equipment. Over a
period of forty‑two days, U.S bombing killed tens of thousands of defenseless soldiers,
cut off most of their food, water and other supplies and left them in desperate and
helpless disarray. Without significant risk to its own personnel, the U.S. led in the killing
of at least 100,000 Iraqi soldiers at a cost of 148 U.S. combat casualties, according to
the U.S. government. When it was determined that the civilian economy and the
military were sufficiently destroyed, the U.S. ground forces moved into Kuwait and
Iraq attacking disoriented disorganized, fleeing Iraqi forces wherever they could be
found, killing thousands more and destroying any equipment found. The slaughter
continued after the cease fire. For example, on March 2, 1991, U.S. 24th Division
Forces engaged in a four‑hour assault against Iraqis just west of Basra. More than 750
vehicles were destroyed, thousands were killed without U.S. casualties. A U.S.
commander said, "We really waxed them." It was called a "Turkey Shoot." One
Apache helicopter crew member yelled "Say hello to Allah" as he launched a
laser‑guided Hellfire missile.
The intention was not to remove Iraq's presence from Kuwait. It was to destroy Iraq.
In the process there was great destruction of property in Kuwait. The disproportion in
death and destruction inflicted on a defenseless enemy exceeded 1,000 to one.
General Thomas Kelly commented on February 23, 1991, that by the time the ground
war begins "there won't be many of them left." General Norman Schwarzkopf placed
Iraqi military casualties at over 100,000. The intention was to destroy all military
facilities and equipment wherever located and to so decimate the military age male
population that Iraq could not raise a substantial force for half a generation.
The conduct violated the Charter of the United Nations, the Hague and Geneva
Conventions, the Nuremberg Charter, and the laws of armed conflict.
7. The United States used prohibited weapons capable of mass
destruction and inflicting indiscriminate death and unnecessary
suffering against both military and civilian targets.
Among the known illegal weapons and illegal uses of weapons employed by the United
States are the following:
fuel air explosives capable of widespread incineration and death;
cluster and anti‑personnel fragmentation bombs; and
"superbombs," 2.5 ton devices, intended for assassination of government
Fuel air explosives were used against troops‑in‑place, civilian areas, oil fields and
fleeing civilians and soldiers on two stretches of highway between Kuwait and Iraq.
Included in fuel air weapons used was the BLU‑82, a 15,000‑pound device capable of
incinerating everything within hundreds of yards.
One seven mile stretch called the "Highway of Death" was littered with hundreds of
vehicles and thousands of dead. All were fleeing to Iraq for their lives. Thousands were
civilians of all ages, including Kuwaitis, Iraqis, Palestinians, Jordanians and other
nationalities. Another 60‑mile stretch of road to the east was strewn with the remnants
of tanks, armored cars, trucks, ambulances and thousands of bodies following an
attack on convoys on the night of February 25, 1991. The press reported that no
survivors are known or likely. One flatbed truck contained nine bodies, their hair and
clothes were burned off, skin incinerated by heat so intense it melted the windshield
onto the dashboard.
Napalm was used against civilians, military personnel and to start fires. Oil well fires in
both Iraq and Kuwait were intentionally started by U.S. aircraft dropping napalm and
other heat intensive devices.
Cluster and anti‑personnel fragmentation bombs were used in Basra and other cities,
and towns, against the convoys described above and against military units. The
CBU‑75 carries 1,800 bomblets called Sadeyes. One type of Sadeyes can explode
before hitting the ground, on impact, or be timed to explode at different times after
impact. Each bomblet contains 600 razor sharp steel fragments lethal up to 40 feet.
The 1,800 bomblets from one CBU‑75 can cover an area equal to 157 football fields
with deadly shrapnel. "Superbombs" were dropped on hardened shelters, at least two
in the last days of the assault, with the intention of assassinating President Saddam
Hussein. One was misdirected. It was not the first time the Pentagon targeted a head of
state. In April 1986, the U.S. attempted to assassinate Col. Muammar Qaddafi by
laser directed bombs in its attack on Tripoli, Libya.
Illegal weapons killed thousands of civilians and soldiers.
The conduct violated the Hague and Geneva Conventions, the Nuremberg Charter and
the laws of armed conflict.
8. The United States intentionally attacked installations in Iraq
containing dangerous substances and forces.
Despite the fact that Iraq used no nuclear or chemical weapons and in the face of UN
resolutions limiting the authorized means of removing Iraqi forces from Kuwait, the
U.S. intentionally bombed alleged nuclear sites, chemical plants, dams and other
dangerous forces. The U.S. knew such attacks could cause the release of dangerous
forces from such installations and consequent severe losses among the civilian
population. While some civilians were killed in such attacks, there are no reported
cases of consequent severe losses presumably because lethal nuclear materials and
dangerous chemical and biological warfare substances were not present at the sites
The conduct violates Protocol I Additional, Article 56, to the Geneva Convention,
9. President Bush ordered U.S. forces to invade Panama, resulting
in the deaths of 1,000 to 4,000 Panamanians and the destruction of
thousands of private dwellings, public buildings, and commercial
On December 20, 1989, President Bush ordered a military assault on Panama using
aircraft, artillery, helicopter gunships and experimenting with new weapons, including
the Stealth bomber. The attack was a surprise assault targeting civilian and
non‑combatant government structures. In the E1 Chorillo district of Panama City alone,
hundreds of civilians were killed and between 15,000 and 30,000 made homeless.
U.S. soldiers buried dead Panamanians in mass graves, often without identification. The
head of state, Manuel Noriega, who was systematically demonized by the U.S.
government and press, ultimately surrendered to U.S. forces and was brought to
Miami, Florida, on extra‑territorial U.S. criminal charges.
The U.S. invasion of Panama violated all the international laws Iraq violated when it
invaded Kuwait and more. Many more Panamanians were killed by U.S. forces than
Iraq killed Kuwaitis.
President Bush violated the Charter of the United Nations, the Hague and Geneva
Conventions, committed crimes against peace, war crimes and violated the
U.S.Constitution and numerous U.S. criminal statutes in ordering and directing the
assault on Panama.
10. President Bush obstructed justice and corrupted United
Nations functions as a means of securing power to commit crimes
against peace and war crimes.
President Bush caused the United Nations to completely bypass Chapter VI provisions
of its Charter for the Pacific Settlement of Disputes. This was done in order to obtain
Security Council resolutions authorizing the use of all necessary means, in the absolute
discretion of any nation, to fulfill UN resolutions directed against Iraq and which were
used to destroy Iraq. To obtain Security Council votes, the U.S. corruptly paid
member nations billions of dollars, provided them arms to conduct regional wars,
forgave billions in debts, withdrew opposition to a World Bank loan, agreed to
diplomatic relations despite human rights violations and threatened economic and
political reprisals. A nation which voted against the United States, Yemen, was
immediately punished by the loss of millions of dollars in aid. The U.S. paid the UN
$187 million to reduce the amount of dues it owed to the UN to avoid criticism of its
coercive activities. The United Nations, created to end the scourge of war, became an
instrument of war and condoned war crimes.
The conduct violates the Charter of the United Nations and the Constitution and laws
of the United States.
11. President Bush usurped the Constitutional power of Congress
as a means of securing power to commit crimes against peace, war
crimes, and other high crimes.
President Bush intentionally usurped Congressional power, ignored its authority, and
failed and refused to consult with the Congress. He deliberately misled, deceived,
concealed and made false representations to the Congress to prevent its free
deliberation and informed exercise of legislature power. President Bush individually
ordered a naval blockade against Iraq, itself an act of war. He switched U.S. forces
from a wholly defensive position and capability to an offensive capacity for aggression
against Iraq without consultation with and contrary to assurances given to the
Congress. He secured legislation approving enforcement of UN resolutions vesting
absolute discretion in any nation, providing no guidelines and requiring no reporting to
the UN, knowing he intended to destroy the ammed forces and civilian economy of
Iraq. Those acts were undertaken to enable him to commit crimes against peace and
The conduct violates the Constitution and laws of the United States, all committed to
engage in the other impeachable offenses set forth in this Complaint.
12. The United States waged war on the environment.
Pollution from the detonation of 88,000 tons of bombs, innumerable missiles, rockets,
artillery and small arms with the combustion and fires they caused and by 110,000 air
sorties at a rate of nearly two per minute for six weeks has caused enormous injury to
life and the ecology. Attacks by U.S. aircraft caused much if not all of the worst oil
spills in the Gulf. Aircraft and helicopters dropping napalm and fuel‑air explosives on oil
wells, storage tanks and refineries caused oil fires throughout Iraq and many, if not
most, of the oil well fires in Iraq and Kuwait. The intentional destruction of municipal
water systems, waste material treatment and sewage disposal systems constitutes a
direct and continuing assault on life and health throughout Iraq.
The conduct violated the UN Charter, the Hague and Geneva Conventions, the laws of
ammed conflict and constituted war crimes and crimes against humanity.
13. President Bush encouraged and aided Shiite Muslims and
Kurds to rebel against the government of Iraq causing fratricidal
violence, emigration, exposure, hunger and sickness and
thousands of deaths. After the rebellion failed, the U.S. invaded
and occupied parts of Iraq without authority in order to increase
division and hostility within Iraq.
Without authority from the Congress or the UN, President Bush continued his
imperious military actions after the cease fire. He encouraged and aided rebellion
against Iraq, failed to protect the warring parties, encouraged migration of whole
populations, placing them in jeopardy from the elements, hunger, and disease. After
much suffering and many deaths, President Bush then without authority used U.S.
military forces to distribute aid at and near the Turkish border, ignoring the often
greater suffering among refugees in Iran. He then arbitrarily set up bantustan‑like
settlements for Kurds in Iraq and demanded Iraq pay for U.S. costs. When Kurds
chose to return to their homes in Iraq, he moved U.S. troops further into northern Iraq
against the will of the government and without authority.
The conduct violated the Charter of the United Nations, international law, the
Constitution and laws of the United States, and the laws of Iraq.
14. President Bush intentionally deprived the Iraqi people of
essential medicines, potable water, food, and other necessities.
A major component of the assault on Iraq was the systematic deprivation of essential
human needs and services. To break the will of the people, destroy their economic
capability, reduce their numbers and weaken their health, the United States:
imposed and enforced embargoes preventing the shipment of needed medicines,
water purifiers, infant milk formula, food and other supplies;
individually, without congressional authority, ordered a U.S. naval blockade of
Iraq, an act of war, to deprive the Iraqi people of needed supplies;
froze funds of Iraq and forced other nations to do so, depriving Iraq of the
ability to purchase needed medicines, food and other supplies;
controlled information about the urgent need for such supplies to prevent
sickness, death and threatened epidemic, endangering the whole society;
prevented international organizations, governments and relief agencies from
providing needed supplies and obtaining information concerning needs;
failed to assist or meet urgent needs of huge refugee populations including
Egyptians, Indians, Pakistanis, Yemenis, Sudanese, Jordanians, Palestinians, Sri
Lankans, Filipinos, and interfered with efforts of others to do so;
consistently diverted attention from health and epidemic threats within Iraq
caused by the U.S. even after advertising the plight of Kurdish people on the
deliberately bombed the electrical grids causing the closure of hospitals and
laboratories, loss of medicine and essential fluids and blood; and
deliberately bombed food storage, fertilizer, and seed storage facilities.
As a result of these acts, thousands of people died, many more suffered illness and
permanent injury. As a single illustration, Iraq consumed infant milk formula at a rate of
2,500 tons per month during the first seven months of 1990. From November 1, 1990,
to February 7, 1991, Iraq was able to import only 17 tons. Its own productive
capacity was destroyed. Many Iraqis believed that President Bush intended that their
infants die because he targeted their food supply. The Red Crescent Society of Iraq
estimated 3,000 infant deaths as of February 7, 1991, resulting from infant milk formula
and infant medication shortages.
This conduct violates the Hague and Geneva Conventions, the Universal Declaration of
Human Rights and other covenants and constitutes a crime against humanity.
15. The United States continued its assault on Iraq after the cease
fire, invading and occupying areas at will.
The United States has acted with dictatorial authority over Iraq and its external
relations since the end of the military conflict. It has shot and killed Iraqi military
personnel, destroyed aircraft and materiel at will, occupied vast areas of Iraq in the
north and south and consistently threatened use of force against Iraq.
This conduct violates the sovereignty of a nation, exceeds authority in UN resolutions,
is unauthorized by the Constitution and laws of the United States, and constitutes war
16. The United States has violated and condoned violations of
human rights, civil liberties and the U.S. Bill of Rights in the
United States, in Kuwait, Saudi Arabia and elsewhere to achieve
its purpose of military domination.
Among the many violations committed or condoned by the U.S. government are the
illegal surveillance, arrest, interrogation and harassment of Arab‑American,
Iraqi‑American, and U.S. resident Arabs;
illegal detention, interrogation and treatment of Iraqi prisoners of war;
aiding and condoning Kuwaiti summary executions, assaults, torture and illegal
detention of Palestinians and other residents in Kuwait after the U.S. occupation;
unwarranted, discriminatory, and excessive prosecution and punishment of U.S.
military personnel who refused to serve in the Gulf, sought conscientious
objector status or protested U.S. policies.
Persons were killed, assaulted, tortured, illegally detained and prosecuted, harassed
and humiliated as a result of these policies.
The conduct violates the Charter of the United Nations, the Universal Declaration of
Human Rights , the Hague and Geneva Conventions and the Constitution and laws of
the United States.
17. The United States, having destroyed Iraq's economic base,
demands reparations which will permanently impoverish Iraq and
threaten its people with famine and epidemic.
Having destroyed lives, property and essential civilian facilities in Iraq which the U.S.
concedes will require $50 billion to replace (estimated at $200 billion by Iraq, killed at
least 125,000 people by bombing and many thousands more by sickness and hunger,
the U.S. now seeks to control Iraq economically even as its people face famine and
epidemic.[l1] Damages, including casualties in Iraq, systematically inflicted by the U.S.
exceed all damages, casualties and costs of all other parties to the conflict combined
many times over. Reparations under these conditions are an exaction of tribute for the
conqueror from a desperately needy country. The United States seeks to force Iraq to
pay for damage to Kuwait largely caused by the U.S. and even to pay U.S. costs for
its violations of Iraqi sovereignty in occupying northern Iraq to further manipulate the
Kurdish population there. Such reparations are a neocolonial means of expropriating
Iraq's oil, natural resources, and human labor.
The conduct violates the Charter of the United Nations and the Constitution and laws
of the United States.
18. President Bush systematically manipulated, controlled,
directed, misinformed and restricted press and media coverage to
obtain constant support in the media for his military and political
The Bush Administration achieved a five‑month‑long commercial for militarism and
individual weapons systems. The American people were seduced into the celebration
of a slaughter by controlled propaganda demonizing Iraq, assuring the world no harm
would come to Iraqi civilians, deliberately spreading false stories of atrocities including
chemical warfare threats, deaths of incubator babies and threats to the entire region by
a new Hitler.
The press received virtually all its information from or by permission of the Pentagon.
Efforts were made to prevent any adverse information or opposition views from being
heard. CNN's limited presence in Baghdad was described as Iraqi propaganda.
Independent observers, eyewitnesses' photos, and video tapes with information about
the effects of the U.S. bombing were excluded from the media. Television network
ownership, advertizers, newspaper ownership, elite columnists and commentators
intimidated and instructed reporters and selected interviewees. They formed a
near‑single voice of praise for U.S. militarism, often exceeding the Pentagon in
The American people and their democratic institutions were deprived of information
essential to sound judgment and were regimented, despite profound concem, to
support a major neocolonial intervention and war of aggression. The principal purpose
of the First Amendment to the United States was to assure the press and the people
the right to criticize their government with impunity. This purpose has been effectively
destroyed in relation to U.S. military aggression since the press was denied access to
assaults on Grenada, Libya, Panama and, now on a much greater scale, against Iraq.
This conduct violates the First Amendment to the Constitution of the United States and
is part of a pattern of conduct intended to create support for conduct constituting
crimes against peace and war crimes.
19. The United States has by force secured a permanent military
presence in the Gulf, the control of its oil resources and
geopolitical domination of the Arabian Peninsula and Gulf region.
The U.S. has committed the acts described in this complaint to create a permanent
U.S. military presence in the Persian Gulf, to dominate its oil resources until depleted
and to maintain geopolitical domination over the region.
The conduct violates the Charter of the United Nations, international law, and the
Constitution and laws of the United States.
Scope of the Inquiry
The Commission of Inquiry will focus on U.S. criminal conduct because of its
destruction of Iraq, killing at least 125,000 persons directly by its bombing while
proclaiming its own combat losses as 148, because it destroyed the economic base of
Iraq and because its acts are still inflicting consequential deaths that may reach
hundreds of thousands. The Commission of Inquiry will seek and accept evidence of
criminal acts by any person or government, related to the Gulf conflict, because it
believes international law must be applied uniformly. It believes that "victors' justice" is
not law, but the extension of war by force of the prevailing party. The U.S. Senate,
European Community foreign ministers, and the western press, even former
Nuremberg prosecutors, have overwhelmingly called for war crimes trials for Saddam
Hussein and the Iraqi leadership alone. Even Mrs. Barbara Bush has said she would
like to see Saddam Hussein hanged, albeit without mentioning a trial. Comprehensive
efforts to gather and evaluate evidence, objectively judge all the conduct that
constitutes crimes against peace and war crimes and to present these facts for
judgment to the court of world opinion requires that at least one major effort focus on
the United States. The Commission of Inquiry believes its focus on U.S. criminal acts is
important, proper, and the only way to bring the whole truth, a balanced perspective
and impartiality in application of legal process to this great human tragedy.
May 9, 1991
Final Judgement: International War Crimes Tribunal
The Basis in International Law
Testimony and Evidence
1.Covert Operations: The Persian Gulf and the New World
Order (Washington, DC: Christic Institute, 1991).
2.Rhodri Jeffreys‑Jones, The CIA and American Democracy (New
Haven: Yale University Press, 1989), p. 206.
3.Independent Commission of Inquiry on the U.S. Invasion of
Panama, The U.S. Invasion of Panama: The Truth Behind
Operation Just Cause(Boston: South End Press, 1990).
4.Amnesty International Reports, 1991, pp. 122‑124.
5.Congressional Record, June 12, 1990, S8605.
6."Saddam's Oil Plot." London Observer, October 21, 1990.
7.Rick Atkinson, "U.S. to Rely on Air Strikes if War Erupts,"
Washington Post, September 16, 1990: Al + . Eric Schmitt,
"Ousted General Gets A Break," New York Times, November 7,
8.Joint WHO / UNICEF Team Report: A Visit to Iraq (New
York: United Nations, 1991). A report to the Secretary General,
dated March 20, 1991 by representatives of the U.N. Secretariat,
UNICEF, UNDP, UNDRO, UNHCR, FAO and WHO.
9.Patrick E. Tyler, "Powell Says U.S. Will Stay In Iraq," New York
Times, March 23, 1991: Al + .
10.Patrick J. Sloyan, "Massive Battle After Cease Fire," New York
Newsday, May 8, 1991: A4+.
11."U.S. Prepares UN Draft on Claims Against Iraq," New York
Times, November 1, 1990.
Final Judgement: International War Crimes Tribunal
The Basis in International Law
Testimony and Evidence
WWW URL: http://deoxy.org/warcrim2.htm
Copyright © 1992 by The Commission of Inquiry for the International War Crimes Tribunal