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Genocide In Iraq

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                                         US Genocide in Iraq

                                                             Dr Ian Douglas
                                 with Abdul Ilah Albayaty and Hana Al Bayaty




 1. Summary ............................................................... 1                                Does anyone believe there is
 2. Introduction ........................................................... 2                             another way to steal a country?
 3. Definitions............................................................. 2                                       — Eduardo Galeano
   a) What is genocide? ............................................... 3
   b) What is intent? .................................................... 6
 4. Beyond law.......................................................... 12
   a) The genocidal logic of neo-colonial war ............. 12
   b) Genocide by occupation .................................... 15                                     1. Summary†
 5. The destruction of the Iraqi state and national
 identity .................................................................... 16   — The United States has committed and
   a) The strategic context for genocide...................... 16                   sponsored the crime of genocide in Iraq.
     i. Asserting US geopolitical, global hegemony ..... 16
     ii. US policy aimed to break Arab unity................ 18                     — Responsibility for genocide rests on
     iii. The US national emergency and corporate                                   specific intent and given or probable
     interests ............................................................... 21   consequences of actions. The 2003 US
     iv. A unified strategy of genocide ......................... 23                invasion of Iraq was the culmination and
   b) Implementing genocide in Iraq .......................... 23                   intensification of a consistent US policy,
     i. Destroying Iraq physically and permanently ...... 24
     ii. Substituting the Iraqi state and nation ............... 28
     iii. Resistance to genocide .................................... 33
 6. Interpreting genocide in Iraq ............................... 37                †
                                                                                      Dr Ian Douglas is visiting professor in politics at An-
 7. Conclusion........................................................... 40        Najah National University in Nablus, Palestine, and
 8. Appendix ............................................................. 41       working to bring the charge of genocide against the United
                                                                                    States and allies in a court of universal jurisdiction
                                                                                    (www.USgenocide.org).
                                                                                    Abdul Ilah Albayaty is an Iraqi political analyst and writer
                                                                                    based in France.
                                                                                    Hana Al Bayaty is coordinator of the Iraqi International
                                                                                    Initiative on Iraqi Refugees (www.3iii.org).
                                                                                    This text was written April-June 2007.
US Genocide in Iraq


spanning over 17 years, of destroying Iraq as a        invasion of Iraq, but to lay a basis for stopping
national and state entity.                             imperial adventures and to enrich the political
— The United States attempted and succeeded            thinking of instruments that can save our
to destroy the state of Iraq, but has failed and       civilisation.
cannot succeed in its attempt to destroy the
nation of Iraq.                                                         3. Definitions
— The Iraqi people have the legal right to             The prohibition and prevention of genocide is
resist occupation, colonialism and genocide by         a peremptory norm of international law. No
all available means, including armed struggle.         derogation is permitted: states are obliged,
— The national popular resistance in Iraq is           individually and severally, to prevent genocide
combating     genocide     directly   where            from occurring and to prosecute perpetrators,
international law as a preventative and                conspirators, those complicit and those who
protective mechanism has failed.                       incite it. When a crime is ongoing the duty of
                                                       authorities to enforce law by halting the crime
— In defence of civilisation, people the world         is of special urgency. Enforcing law means
over should rise up in support of the national         protecting potential victims and apprehending
liberation struggle of the Iraqi people.               suspected perpetrators.
— In defence of international law, jurists and         That the international community not only
law associations should work to bring the              failed to prevent the illegal US invasion and
charge of genocide against the United States,          subsequent occupation of Iraq, but also
its leaders and its allies.                            supported what from 1990 has been a
— The world must criminalise all forms of              gathering US-led genocide in Iraq, is a
war. Defensive wars would not be necessary in          catastrophic betrayal for the Iraqi people and
the absence of wars of aggression.                     an injury to us all.
                                                       The reasons are multiple and include: 1)
               2. Introduction                         Structural inequalities of power in world
                                                       politics, epitomised in the UN Security
The illegal US invasion of Iraq was and is a           Council, that assure domination for the few
humanitarian catastrophe. Some try to explain          and subservience for the many; 2) Structural
this catastrophe as a by-product. They justify         inequalities of power in the world economy,
their concept on the absence of intent.                characterising capitalism on a world scale, that
Reviewing       applicable    principles    of         scare dependent states from speaking out on
international law and American policy towards          imperial crimes; 3) The general subordination
Iraq, this paper aims to prove that the                of human rights to “peace and security” (i.e.,
humanitarian catastrophe present in Iraq is an         pacification and impunity) illustrated in the
essential component of US policy, constituting         perpetuation of a toothless, complicit and
premeditated genocide against the people of            apologetic UN human rights system; and 4)
Iraq. The intent that some propose is absent is        The success of Zionist ideology in making the
flagrantly evident.                                    concept of genocide a synonym for “the
Consequently, this paper constitutes a call to         holocaust”, thus both its own exclusive
jurists, law associations, and individuals from        preserve and the model against which all
all walks of life to act on ending genocide in         alleged genocides must be compared.
Iraq. This study was made not only because of          The blanket of silence surrounding this
the horrid consequences of the illegal US              grievous international crime contributes to the
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                                                                                     US Genocide in Iraq


deaths of hundreds of Iraqis every day. If                 not in numbers annihilated, but in the iniquity
genocide cannot be prevented, the UN and its               of a rationality that intends massively
high ideals serve no function. At present                  destructive consequences. This qualification is
nothing exists to prevent future atrocities on             what ensures that the Genocide Convention is
this scale or worse from occurring.                        a preventative mechanism and not simply a
                                                           reactive instrument. It also means that guilt is
a) What is genocide?                                       a moral determination.
Of all terms in the lexicon, genocide is the true          Indeed, in origin the term itself — coined in
word for what is happening in Iraq. The                    the inter-war period by Raphael Lemkin, a
controversy the word elicits reveals its                   Polish legal scholar — emerged from the
potential. Some warn against using the term so             effort to make “barbarity” and “vandalism”
as not to “debase its currency”. This is a                 crimes under international law. It is intent to
misunderstanding of what genocide means.                   destroy that is the basis of the crime of
Others fear that if used wantonly, antiwar                 genocide, illustrated in definable acts that
protest may appear sensationalist. In reality,             constitute — or would — genocide.
any other word for US actions in Iraq is
dishonest.                                                 Article 2 of the Genocide Convention reads:

Looking closer, we find that the word                       In the present Convention, genocide
genocide has two lives: its common meaning                  means any of the following acts
and its legal substance. Commonly, genocide                 committed with intent to destroy, in whole
is taken to mean the total annihilation of a                or in part, a national, ethnical, racial or
people. Nothing less counts, hence scepticism               religious group, as such:
in using the word. On rapid reading, UN                       (a) Killing members of the group;
General Assembly Resolution 96 of 1946                        (b) Causing serious bodily or mental
authorising the drafting of a genocide                            harm to members of the group;
convention suggests the same understanding:                   (c) Deliberately inflicting on the group
“Genocide is a denial of the right of existence                   conditions of life calculated to bring
of entire human groups, as homicide is the                        about its physical destruction in
denial of the right to live of individual human                   whole or in part;
beings.”1 But this definition bears reading                   (d) Imposing measures intended to
again, for it is not the fact of annihilation that                prevent births within the group;
constitutes the crime of genocide, but rather                 (e) Forcibly transferring children of the
denial of the right of existence of an entire                     group to another group.
given group. This nuance is important.                     Article 3 notes that punishable acts include:
Article 2 of the 1948 Genocide Convention —                   (a) Genocide;
now the legal standard2 — makes this point                    (b) Conspiracy to commit genocide;
clear by focusing on the concept of intent,                   (c) Direct and public incitement to
supplementing this with the important phrase,                     commit genocide;
“in whole or in part”, thus grounding genocide                (d) Attempt to commit genocide;
                                                              (e) Complicity in genocide.
1
  UN General Assembly Resolution 96, 11 December           From Article 2 a number of questions emerge:
1946, http://un.org/documents/ga/res/1/ares1.htm           1) what qualifies as “in part”? 2) What
2
  Convention on the Prevention and Punishment of the
Crime of Genocide, 9 December 1948, 78 U.N.T.S. 277,
                                                           qualifies under each enumerated group? 3)
280. http://unhchr.ch/html/menu3/b/p_genoci.htm            What is the meaning of the destruction of an

                                                       3
US Genocide in Iraq


enumerated group “as such”? 4) What                      destruction of the whole group. Viable entity
qualifies as “serious bodily or mental harm”?            does not denote destruction — and certainly
5) What timeframe might “physical                        not physical destruction — necessarily. It
destruction” properly be determined on? 6)               simply denotes that the group would no longer
What qualifies as “destruction”? and 7) What             function viably if a “substantial part” of it
is “intent”?                                             were destroyed or “lost”.
Given that the last question is the most                 As to enumerated groups, US Code states:
important, I will address it separately below.            (2) the term “ethnic group” means a set of
On the first question, though the convention              individuals whose identity as such is
itself simply says “in part,” which reasonably            distinctive in terms of common cultural
could be understood to mean one person (and               traditions or heritage;
indeed this is the way it is understood in the            (5) the term “national group” means a set
Elements of Crimes adopted by State Parties to            of individuals whose identity as such is
the International Criminal Court, wherein, in             distinctive in terms of nationality or
Article 6 (a)-(e), corresponding to the acts              national origins;
enumerated in the Genocide Convention, it is              (7) the term “religious group” means a set
simply noted that enumerated acts concern                 of individuals whose identity as such is
“one      or    more     persons”3),   general            distinctive in terms of common religious
jurisprudential custom deems it necessary to              creed, beliefs, doctrines, practices, or
demonstrate that “in part” means a “substantial           rituals
part” as, for example, stated in the United              The qualification “as such” in the Genocide
States Code.                                             Convention is an element of purposive
Given that it is the United States that has              specificity: that any of the acts enumerated are
perpetrated genocide in Iraq, it is fitting to use       conducted against individuals as part of a
US Code definitions of the crime of genocide.            group understood as a group as such. Thus one
Under Title 18, Section 1093 of US Code,                 is obliged to provide some level of proof that:
dealing with definitions of genocide, it is              1) the group was targeted as such (which can
stated: “the term ‘substantial part’ means a             be established on the basis of a pattern of
part of a group of such numerical significance           accumulated actions and not necessarily any
that the destruction or loss of that part would          stated objective or intent); and 2) the targeting
cause the destruction of the group as a viable           of the group could be understood within the
entity within the nation of which such group is          context of “specific intent” to perpetrate
a part.”4 This definition is nuanced, but                genocide, either of that group as such or,
arguably contains one element that may prove             arguably, of the nation “within which such a
important in making the claim of US genocide             group is part.”
in Iraq: the phrase “as a viable entity”.                As this paper aims to establish overall, a
“Viable entity” expands the qualification of             complex genocide has unfolded in Iraq
what otherwise is often restricted to                    involving the targeting of several definable
destruction as such: i.e., that the substantial          groups in order to destroy a “substantial part”
part must be large enough to lead to the                 of the nation of Iraq “of such numerical
                                                         significance” that the state and nation of Iraq
3
  Elements of Crimes, 3-10 September 2002,               would cease to exist a “viable entity”.
http://amicc.org/docs/Elements_of_Crimes_120704EN.
pdf                                                      Strictly on the definition provided under US
4
  http://uscode.house.gov/download/pls/18C50A.txt        Code of ethnic group, the nation of Iraq as a
                                                     4
                                                                                          US Genocide in Iraq


whole would qualify (notwithstanding the                        strongly criminalise intent itself rather than the
category of national group), and within that                    execution of that intent.
nation, arguably, the Iraqi middle class and the                Reference to the crime of “complicity in
impoverished Iraqi rural class. As a targeted                   genocide” also assures that the reach of the
“national group”, members of the Iraqi Baath                    Genocide Convention is potentially very broad
Party, while political, may qualify. As a                       — in the case of Iraq, perhaps even
targeted religious group, it is clear that Sunni                criminalising the silence of the international
Arabs have been and remain, at present, the                     community and responsible state leaders in the
predominant target of the US occupation.                        context of US actions that at the very least
Finally, concerning what constitutes “serious                   constitute — as defined by the Elements of
bodily or mental harm”, what timeframe upon                     Crimes of the ICC — the crimes against
which “physical destruction” might properly                     humanity       of    murder,      extermination,
be determined, and what qualifies as                            imprisonment, torture, rape, sexual violence,
“destruction”, international jurisprudence and                  persecution, enforced disappearance and other
incorporations of the Genocide Convention                       humane acts, and the war crimes of wilful
into the national law of states varies. In some                 killing, torture, inhuman treatment, wilfully
instances, specific aspects are named as to                     causing great suffering, destruction and
what might be deemed serious bodily or                          appropriation of property, denying fair trial,
mental harm5, while little in the way of                        unlawful confinement, attacking civilians,
jurisprudence defines the timeframe on which                    attacking civilian objects, of excessive
destruction ought properly to be viewed.                        incidental death, injury or damage, of
Similarly with destruction itself; thus, in any                 attacking undefended places, of killing or
given case, it is largely down to argument.                     wounding a person hors de combat, of
And again, given that the Genocide                              attacking protected objects, of destroying or
Convention is designed also to be a                             seizing the enemy’s property, of depriving the
preventative instrument, destruction may not                    nationals of the hostile power of rights or
even have taken place or begun as such.                         actions, of pillaging, of employing prohibited
Article 3 — as well as the focus on intent —                    gases, liquids, materials or devices, of outrages
indeed ensures that the Genocide Convention                     upon personal dignity, of rape, of sexual
is not simply a reactive instrument to be                       violence, of starvation as a method of warfare,
invoked after a given genocide, but may be                      of murder, of cruel treatment, of torture, of
invoked before a single death has been                          taking hostages, of sentencing or execution
recorded, particularly in section (b) where                     without due process, of displacing civilians,
“conspiracy to commit” would appear to most                     and of treacherously killing or wounding, and
                                                                which arguably constitute a pattern amounting
                                                                to genocide.
                                                                In combination, from Articles 2 and 3 of the
5
  Reservations lodged by the United States to the               Genocide Convention we can conclude: 1)
Genocide Convention stipulate that for the United               There is no threshold of genocide as such;
States: “the term ‘mental harm’ in Article 2 (b) means
permanent impairment of mental faculties through
                                                                rather, it is qualified on the basis of a
drugs, torture or similar techniques.”                          determination of the moral degradation
http://unhchr.ch/html/menu3/b/treaty1gen.htm. These             contained within qualifying acts that are
reservations remain controversial and would be                  conducted with the intent that destruction, or
irrelevant in a court of universal jurisdiction where the       the rendering “unviable” of an enumerated
court exercises judgement relative to what would
constitute a crime in the state of its location.
                                                                group, whether in whole or in part, or

                                                            5
US Genocide in Iraq


substantial part, will be the consequence; 2)            undoubtedly an undervalued instrument that
That genocide concerns an existential threat to          could be used to pressure an end to US
a given group in intent, even if actual                  aggression on Iraq and potentially form the
destruction of the group is not achieved; 3)             basis of reparative prosecutions. What is at
That genocide also concerns the intent to annul          issue, simply, is the burden of proof relative to
the positive biological development of a                 specific intent, and substantiated argument
group, whether by mental or bodily harm or by            relative to qualifying acts and enumerated
interceding to prevent propagation or disrupt            groups “as such”.
social generation; 4) That intent alone is               Again, states are obliged, individually and
imputable under international law; and 5) That           severally, to prevent genocide from occurring
complicity with consequences that qualify as             and to prosecute perpetrators, conspirators,
genocide is imputable under international law.           those complicit and those who incite it. After
Once the complexity and flexibility of the               four years of US carnage and 13 years of prior
operative articles of the Genocide Convention            US-UN sanctions, the antiwar movement, in
has been digested it is easier to understand             connection with jurists and legal associations,
what Lemkin opined when commenting on the                has the material, expertise and organisational
incorporation of his concept into international          skills to ensure that this obligation is met.
law:
                                                         b) What is intent?
    Generally speaking, genocide does not
    necessarily      mean      the     immediate         Prosecution under the provisions of the
    destruction of a nation, except when                 Genocide       Convention      demands       the
    accomplished by mass killings of all                 demonstration of purposive or “specific
    members of a nation. It is intended rather           intent”. Referred to also as the mens rea
    to signify a coordinated plan of different           (“guilty mind”, “guilty or wrongful purpose”,
    actions aiming at the destruction of                 or criminal intent), specific intent usually,
    essential foundations of the life of national        though not always, must infer an
    groups, with the aim of annihilating the             understanding that the action undertaken
    groups themselves. The objectives of such            would lead to the destruction, or rendering
    a plan would be the disintegration of the            unviable, in whole or in part, or substantial
    political and social institutions, of culture,       part, of an enumerated group; that as such
    language, national feelings, religion, and           would constitute an unlawful act, and that the
    the economic existence of national groups,           consequence is desired. It is perhaps fair that
    and the destruction of the personal                  the gravest of international crimes sets the
    security, liberty, health, dignity, and even         burden of proof so high, but in the case of Iraq
    the lives of the individuals belonging to            it is not unreachable.
    such groups.6                                        In criminal law there are traditionally five
Lemkin’s prose definition of genocide is                 levels to intent, differentiated according to
practically word for word what has happened              different degrees of foresight and criminal
in Iraq since 1990. The possibility of reading           desire: 1) Purposive intent, where an unlawful
Lemkin’s definition into the Genocide                    consequence is foreseen, desired and planned
Convention denotes that the convention is                for. In this category it is not strictly required
                                                         that the actus rea — the given act or set of acts
6                                                        constituting genocide — is present, though if it
 Raphael Lemkin, “Genocide,” in A L Hinton (ed),
Genocide: An Anthropological Reader (Oxford:             is it adds significantly to the weight and charge
Blackwell Press, 2002), p. 27.                           of the offence; 2) Oblique intent, where simply
                                                     6
                                                                                     US Genocide in Iraq


the consequences can be seen as an assured             responsibility for the crime of genocide would
outcome of a given act or set of acts; 3)              be unavoidable.
Knowingly, where the accused knows or                  In jurisprudence there are three essential
reasonably should know the certainty of the            categories for how intent is judged: 1) the
outcome of a given act or set of acts; 4)              objective test, where mens rea is imputed on
Recklessness, where the consequences are seen          the basis that any reasonable person would
to be possible but the act or set of acts is           have had the requisite mental element in the
undertaken anyway; and 5) Negligence, where            same circumstances. Here the continuum
liability is centred on a firm sense that the          between “inevitable, probable, possible and
consequences should have been foreseen but             improbable”,       related    to     projected
where the accused did not foresee the                  consequences of acts, is explored relative to
consequences.                                          the specific circumstances of a given case; 2)
Purposive and oblique intent and knowingly             The subjective test, where a given court must
undertaking a given act are all under the              be satisfied that the accused had the requisite
umbrella of “specific intent”, whereas                 mental element, or either direct intent or
recklessness and negligence are deemed                 knowingly undertaking the act, or recklessly
“general intent”. In a sense, knowingly                undertaking the act; and 3) A hybrid of
undertaking a given act within the framework           objective and subjective determinations. The
of specific intent is akin to negligence in            essence of the act of adjudication is to
general intent, where both oblique intent and          determine the relation between foresight (or
clear purposive intent could constitute the            foreseeability) and desire for the given
degree of specific intent necessary to secure          consequences to occur.
conviction under the provisions of the                 In time of war, “intent to destroy” may appear
Genocide Convention. On the other hand,                indistinguishable from warfare. This is not the
recklessness might be deemed a grave                   case. While in restricted circumstances warfare
disregard for human life, and thus constitute          may permit so-called “legal killing”7, in all
the “requisite mental element” required for            instances it is governed by international
prosecution under the Genocide Convention.             humanitarian law. Not everything is permitted
Negligence would fail the test of specific             in so-called “legal war”. In the case of Iraq, all
intent.                                                use of US force was and remains illegal under
Simply put, the argument that the occupation           international law8; but at issue here is under
of Iraq has been one blunder after another is
contrary to the elements of the crime of               7
genocide, which perhaps explains its present             International humanitarian law limits what is deemed
                                                       acceptable in warfare, but the majority of the world’s
currency in popular discourse. On the other            legal scholars put the right to life as paramount, thus
hand, if it could be established that the              criminalising war in all circumstances. In the Anglo-
consequences of US actions in Iraq were                American legal community, there is a split, with some
certain, or even that the US administration            supporting this majority decision and a majority arguing
ought reasonably to have known, specific               that killing is permissible in restricted circumstances.
                                                       There is little jurisprudence.
intent, and hence conviction for genocide              8
                                                         Clearly the Iraqi government is not a sovereign entity
could be established. Without doubt, if it could       that can credibly request the continued presence of US
be shown that there was a strong desire —              forces in Iraq. Rather, it is an extension of an illegal
even undeclared — to bring about the                   occupation established after an illegal war of
consequences that constitute genocide,                 aggression. In this sense, UN Security Council
                                                       Resolution 1546, which is the basis of subsequent
                                                       extensions of the mandate for Multinational Force-Iraq,

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US Genocide in Iraq


what conditions might the use of force                           causing trauma and serious mental harm. As
constitute “intent to destroy” as defined by the                 one Pentagon strategist boasted to CBS News,
Genocide Convention.                                             “There will not be a safe place in Baghdad.”11
In general, there are two conditions: 1) When                    This is also prime facie evidence of the mens
the     use   of     force  is    substantially                  rea of specific intent.
disproportionate and indiscriminate (a                           On whether the distinction between civilian
determination based an assessment of the level                   and military targets has been respected and
of force necessary to achieve a military                         upheld, with credible studies reporting as
objective, and the extent to which the                           many as 1,000,000 Iraqi civilian deaths since
obligatory distinction between military and                      2003 alone, a number that is increasing
civilian targets has been observed in the                        rapidly, US use of force would appear clearly
action); and 2) When patterns of given                           indiscriminate.12 Alternatively, the use of
consequences destroy — or could reasonably                       depleted uranium (DU) ordnance — about
be foreseen to destroy — in whole or                             2,000 tons to date since 2003, around 10 times
“substantial part” an enumerated group.                          what was used in the 1991 Gulf War —
Relative to substantially disproportionate and                   illustrates unequivocally indiscriminate and
indiscriminate force, as illustrations of the                    disproportionate force in that DU, which is
principle, the massive and overwhelming                          airborne and waterborne, has a half-life of 4.7
destruction of Fallujah, Tel Afar, Al-Qaem,                      billion years, causing sterility, cancer,
Haditha and Ramadi, among other cities and                       leukaemia and birth defects, as well as
towns destroyed, qualifies. In Fallujah, 75 per                  rendering swathes of Iraqi land permanently
cent of the city was levelled. In the words of                   lethal and unusable. Indeed, the United States
1st Lieutenant Ben Klay, who took part in the                    has not only attacked living Iraqis, but also the
decimation of Ramadi, “We’re used to taking                      unborn generations of Iraq.
down walls, doors and windows, but eight city                    Shuna Lennon makes an important point when
blocks is something new to us.”9 Added to the                    stating: “desire to bring about the illegal result
illegal use of white phosphorus and napalm
equivalent MK-77 in Fallujah and Tel Afar,                       11
these wilful illegalities reveal the mens rea of                    In the words of Harlan Ullman, chief architect of the
                                                                 shock and awe “regime”: “This ability to impose
desire to destroy.10                                             massive shock and awe, in essence to be able to ‘turn
Alternatively, the notion of “Shock and Awe”                     the lights on and off’ of an adversary as we choose, will
                                                                 so overload the perception, knowledge and
— 800 missiles raining down on Baghdad in
                                                                 understanding of that adversary that there will be no
the first 48 hours of a bombing campaign that                    choice except to cease and desist or risk complete and
lasted 300 hours — appears to declare outright                   total destruction.” http://alternet.org/story/15027/ and
intent to use disproportionate force, mortally                   http://commondreams.org/views03/0127-08.htm
                                                                 12
targeting Iraqis as a national group as well as                     http://brusselstribunal.org/Lancet111006.htm. In the
                                                                 Report of the UN Sub-Commission on Genocide, the
                                                                 special rapporteur stated that “the relative proportionate
is contrary customary international law, in particular the       scale of the actual or attempted destruction of a group,
Draft Articles on State Responsibility that prohibits            by any act listed in Articles II and III of the Genocide
states from recognising as legal the consequences of a           Convention, is strong evidence to prove the necessary
serious breach of international law.                             intent to destroy a group in whole or in part.” Paragraph
9
  Arab Commission for Human Rights, et al., “War and             93, Prosecutor v. Clement Kayishema & Obed
Occupation in Iraq,”                                             Ruzindana, Case No. ICTR-95-1-T (21 May 1999).
http://globalpolicy.org/security/issues/iraq/occupation/re       Further, in the recent ruling of the International Court of
port/index.htm                                                   Justice on Srebrenica, 8,000 deaths was deemed
10
   http://brusselstribunal.org/WMD.htm                           sufficient to constitute genocide.

                                                             8
                                                                                           US Genocide in Iraq


is not an essential component of intention, and               led to the “excess deaths” of 1,500,000 Iraqis
that bringing something about because it is a                 is a clear example of “patterns of given
means to a quite different end can be                         consequences” where foreseeability was
sufficient.”13 This illustrates the principle                 present and the policy continued, suggesting at
noted above of knowingly undertaking an act                   the least oblique intention (which is sufficient
where the perpetrator claims either not to have               for conviction on genocide in being a category
known, or desired, the consequent outcome. In                 of specific intent), but more plausibly — given
the instance of DU, it is simply unconvincing                 constant US bullying in the UN to maintain the
that US commanders could be unaware of the                    clearly destructive sanctions regime —
disproportionate and indiscriminate impact of                 purposive intent.
its use. At best, it illustrates grave disregard              Sanctions also illustrate the principle of
for human life, and at worst oblique intention                complicity in genocide. Lennon opines:
or direct intention. A strong argument could be
made for the case of direct intent on the basis                    Even if it is arguable that the UN did not
that many targets of US DU use are not                             know as a matter of moral certainty from
military vehicles or other heavily armoured                        the inception of the sanctions that they
installations but rather civilian districts in                     would bring about civilian starvation and
Mosul, Basra, Samawa and Baghdad, among                            deaths, it certainly knew from the time
other towns and cities.14                                          when its own investigations revealed to it
                                                                   the extent to which the sanctions were
On the other hand, specific intent can be                          causing civilian deaths. The earliest date
inferred in the accumulated “pattern of                            on which that occurred is perhaps open to
purposeful action”. If the sum of the whole                        debate. It may be as late as 1995.
creates as a consequence the destruction, in                       However, the fact that the blockade /
whole or substantial part, of an enumerated                        sanctions regime inherently targets
group, and if these consequences are known or                      civilians must have been known to its
can be reasonably foreseen in advance, or even                     architects from its inception and
if brought to the attention of commanders mid-                     accordingly criminal liability attaches
operation and ignored, this may be deemed                          under the Geneva Protocol.15
genocide and mens rea specific intent. As
Lennon states: “where a consequence is                        This conclusion formed the basis of Francis
foreseen as a matter of moral certainty,                      Boyle’s petition for relief from genocide
intention can be said to be present.”                         submitted to the secretary general of the UN
                                                              and other relevant bodies 18 September 1991.
Ongoing attempts to impose a military solution
                                                              In this petition, after listing (paragraphs 5-18)
on Iraq should be seen in this light, while the
                                                              the risks faced by the applicants of the petition
13-year US-imposed UN sanctions regime that
                                                              (4.5 million Iraqi children), Boyle states:

13
   Shauna Lennon, “Sanctions, Genocide and War
                                                              15
Crimes,” http://hartford-                                        As early as March 1991, the UN secretary-general
hwp.com/archives/27c/437.html                                 dispatched to Iraq an inter-agency mission to assess
14
   Souad Al-Azzawi, “Depleted Uranium Radioactive             Iraq’s humanitarian needs. The mission reported that
Contamination in Iraq,” http://brusselstribunal.org/DU-       “the Iraqi people may soon face a further imminent
Azzawi.htm. As Al-Azzawi rightly states, “Existing DU         catastrophe, which could include epidemic and famine,
contamination in the surrounding environment is a             if massive life-supporting needs are not rapidly met.”
continuous source of (low level radiation) exposure to        http://un.org/Depts/oip/background/reports/s22366.pdf.
civilians which can be considered systematic attacks on       UN sanctions began in August 1990 and didn’t end until
civilians in an armed conflict.”                              May 2003.

                                                          9
US Genocide in Iraq


     Only the “specific intent” of Respondent                  specific criminal intent to cause the
     George Bush to commit genocide against                    observed harm in Iraq.17
     Applicants remains to be proven beyond a             So specific intent can also be established on
     reasonable doubt to establish his criminal           the basis of reasonable foreknowledge of the
     responsibility under United States                   consequences of a given action or pattern of
     municipal law and international criminal
                                                          actions; most especially when destructive
     law. The open publication and widespread             consequences are identified midway into an
     dissemination of the Harvard Report on 22
                                                          action, or pattern of actions, and the concerned
     May 1991 makes that task possible. Any
                                                          party fails to prevent these consequences, or
     Bush administration official responsible
                                                          continues to perpetrate them. In this instance
     for implementing the economic sanctions
                                                          not only are the consequences certain in and of
     policy against Iraq who has knowledge of
                                                          themselves (oblique intention), and not only
     the conclusions of the Harvard Report
                                                          does the party know of them (knowingly
     would possess the “specific intent”
                                                          undertaking a given act), but it cannot
     required to serve as the mental element or
                                                          constitute reckless intent because the
     mens rea of the international and
                                                          consequences are certain, not simply a
     municipal crime of genocide against
                                                          possibility. It can only infer direct intent, or
     Applicants, The 4.5 Million Children of
                                                          the highest level of criminal intent.18
     Iraq. Applicants assert that Respondent
     George Bush has full knowledge of the                Importantly, it would be for a court to decide if
     genocidal      consequences       of    the          the pattern of consequences known and
     continuation of economic sanctions                   ignored or addressed insufficiently amounted
     against Iraq and therefore has the mens rea          to specific intent, not the individuals who
     necessary for committing the crime of                perpetrated the acts. As explained by
     genocide as recognized by the Genocide               international law expert Roger O’Keefe,
     Convention       and      the     Genocide           bodies like the International Court of Justice
                          16
     Implementation Act.                                  (ICJ) “can decide to convict on the balance of
                                                          probabilities, rather than beyond all reasonable
Boyle’s conclusion is echoed in an article by
                                                          doubt.”19
Elias Davidsson wherein the relationship
between “knowledge” and intent in
international criminal law is discussed.                  17
Davidsson concludes:                                         Elias Davidsson, “United States Foreseeability,
                                                          Awareness and Knowledge of the Consequences of the
     The conjunction of foreseeability, general           Sanctions Against Iraq,”
     intent to cause hardships, detailed and              http://aldeilis.net/english/images/stories/economicsancti
                                                          ons/knowledge.pdf
     compelling notice served on a regular                18
                                                             Relative to UN sanctions as a specific case, the
     basis, and a protracted neglect to monitor           question would be to assess the extent to which
     the consequences, strongly suggests a                humanitarian exemption, on the one hand, and the so-
                                                          called Oil-for-Food Programme, on the other,
                                                          ameliorated the overall debilitative effect of total
                                                          international isolation, and whether the degree to which
                                                          they did ameliorate those effects was reasonably
                                                          sufficient in the face of given and known consequences.
                                                          Other papers in this volume discuss the case of
16
   Francis Boyle, “On Behalf of Iraq's 4.5 Million        sanctions in detail (see chapters by Hans C Von
Children: A Petition for Relief from Genocide,” 23        Sponeck and Christian Scherrer).
                                                          19
November 2002,                                               In the case of former Rwanda Prime Minister Jean
http://counterpunch.org/boyle1123.html                    Kambanda, the International Criminal Tribunal for

                                                     10
                                                                                               US Genocide in Iraq


In all events, it is unlikely that direct intention                    Americans torture without repugnance,
will be declared openly.20 Jean-Paul Sartre in                         shooting at unarmed women for the
his essay “On Genocide”, written in the                                pleasure of completing a hat-trick: they
context of the Vietnam War, discusses the                              kick the wounded Vietnamese in the
question of intent when direct proclamations                           testicles; they cut off the ears of the dead
are absent. His analysis is sentient in the                            for trophies … Whatever the lies or
context of the current occupation of Iraq and                          nervous hedging of the government, the
US attempts to break resistance to that                                spirit of genocide is in the soldiers’ minds.
occupation.                                                            This is their way of enduring the genocidal
Cognizant that Hitler was an exception to the                          situation in which their government has
rule when it came to candour, Sartre writes:                           put them.21

  The declarations of American statesmen                          Sartre’s understanding of premeditation is
  are not as frank as those that Hitler made                      reflected in the Elements of Crimes of the ICC
  in his day. But honesty is not                                  that stands as a legal reference point in
  indispensable; the facts speak for                              developing definitions of genocide.22 This
  themselves ... it can only be premeditated.                     document contains illustrations of the kinds of
  It is possible that in the past genocide was                    conduct that would immediately qualify under
  committed suddenly, in a flash of passion,                      subsections (a) to (e) of Article 2 of the
  in the midst of tribal or feudal conflicts.                     Genocide Convention. Alongside intent is
  Anti-guerrilla genocide, however, is a                          added “context”, which in all cases reads:
  product of our times that necessarily                           “The conduct took place in the context of a
  entails organisation, bases and, therefore,                     manifest pattern of similar conduct directed
  accomplices (from a distance) and the                           against that group or was conduct that could
  appropriate budget. It needs to be thought                      itself effect such destruction.”
  over and planned. Does this mean that                           Indeed, a review of the strategic context of US
  those responsible are fully aware of their                      Middle East policy, and Iraq policy
  own intentions? It is difficult to decide: to                   specifically (see below), suggests that the 2003
  do so one would have to probe the latent                        invasion was but the “execution phase”, or
  ill-will of puritanical motives ... [But] we                    “endgame” of a general strategy of destroying
  do not have to worry about this                                 the state and nation of Iraq predicated on the
  psychological hide-and-seek. The truth is                       premeditated destruction of a “substantial
  to be found on the field ... The young                          part” of the Iraqi population, rendering the
                                                                  state and nation unviable as entities.
Rwanda found that intention could be inferred from                As Sartre might say, the facts speak for
actions and omissions, though Kambanda claimed he                 themselves. In the words of John Pace, former
did not have the intention to destroy an enumerated               human rights chief of the UN Assistance
group in whole or in part. Prosecutor v. Jean
Kambanda, Case No. ICTR 97-23-S (4 September
                                                                  Mission in Iraq: “The country has been blown
1998). Kambanda was convicted and sentenced to life
imprisonment.
20
   Madelaine Albright’s infamous statement that the
price of 500,000 dead children was “worth it” is an
                                                                  21
exception, and almost certainly could have formed the                Jean-Paul Sartre, “On Genocide”,
basis of a petition to the International Court of Justice.        http://brusselstribunal.org/GenocideSartre.htm
                                                                  22
Indeed, the renowned legal expert Francis Boyle offered              Elements of Crimes, 3-10 September 2002,
to the Iraqi government to do just that. President                http://amicc.org/docs/Elements_of_Crimes_120704EN.
Hussein decided not to proceed.                                   pdf

                                                             11
US Genocide in Iraq


apart in terms of its social structures and social           — in particular the laws of war — are but a
fibre.”23                                                    “vain” attempt to humanise total war.
                                                             Total war between “advanced” states,
                  4. Beyond law                              however, rarely becomes genocide. On the one
                                                             hand, total war finds comfortable expression in
Legal definitions by nature favour the
exigencies of order. Ultimately, there is a                  industrial competition, only coming to actual
                                                             war when powers reach parity that in duration
second level — moral, civil and political —
                                                             blocks the dynamic of competition and wealth
embodying the calling of common sense and
                                                             production that are based respectively in
conscience. While it is important, if the
antiwar movement is to take up the term                      inequality and exploitation. More importantly,
                                                             the general equality of advanced states
genocide, to understand in outline the legal
                                                             forestalls outright genocide because of the
issues, comprehending the broader context and
its immediate manifestation is indispensable.                possibility of retaliation it embodies.
                                                             A different logic exists in the imperialist
a) The genocidal logic of neo-colonial war                   process. Here there is no parity of forces, so no
In his essay, “On Genocide”, Jean-Paul Sartre                military consideration prevents wars of
goes beyond legal definitions to place                       conquest from being genocidal. On the other
genocide as a “thing” in an evolving historical              hand, the colonial endeavour in nature, at least
context. There is not one society that has not               to some extent and not always, protected the
practised genocide, Sartre says, but the form                populations of colonies from outright
that genocide takes is different relative to the             genocide. Colonialism is a system whereby
nature of the state and states system from                   natural resources are plundered and
which it emerges, and the nature of warfare                  manufactured goods are sold back to colonised
each suggests and produces.                                  populations at world market prices. The
                                                             destruction of colonised peoples undermines
From the 19th century, with the development                  the very logic of that colonial exchange.
of mass industry and the democratic evolution
of bourgeois societies, Western states                       The problem is that, generally, no people can
increasingly engaged one another in strategies               accept to be the slaves of others for long.
of “total war”, entailing not only the industrial            Thus, constant massacres and torture were
development of the machinery of war, but the                 embedded in the colonial system, in order to
breaking down of the distinction between the                 keep the numerically superior colonised
civilian population and the military, and the                subservient to the colonial settlers. At the same
extension of competition between states into                 time, the colonial system destroys pre-existing
imperial acquisition worldwide. The logic of                 social structures; constituting genocide of a
“total mobilisation” is the mirror of total war,             different kind and building pressures within
in that defence of the nation becomes                        the colonial system that ultimately break out in
synonymous with defence of the “way of life”                 wars of national liberation. By the mid-20th
it expresses and embodies.24 International laws
                                                             on behalf of the existence of everyone; entire
                                                             populations are mobilised for the purpose of wholesale
23
   http://uruknet.info/?p=21095                              slaughter in the name of life necessity: massacres have
24
   Michel Foucault makes a complementary point in his        become vital. If genocide is indeed the dream of modern
essay, “Right of Death and Power over Life”, in The          powers, this is not because of a recent return of the
History of Sexuality, Volume 1 (London: Allen lane,          ancient right to kill; it is because power is situated and
1979), p. 137: “Wars are no longer waged in the name         exercised at the level of life, the species, the race, and
of the sovereign who must be defended; they are waged        the large-scale phenomena of population.”

                                                        12
                                                                                  US Genocide in Iraq


century, bolstered by their experience as proxy            mobility of the combat groups which
armies for colonial states, and increasingly               [have] to strike unexpectedly and
aware of the nature of the international                   disappear immediately. This [is] not
colonial system, numerous former colonies                  possible without the participation of the
seized their independence.                                 entire population … Against partisans
Neo-colonialism has been the response of the               backed by the entire population, [neo-
former colonial powers; on the one hand                    colonial] armies are helpless. They have
subjecting newly post-colonial states to an                only one way of escaping from the
institutionalised system of unequal exchange,              harassment which demoralises them ... this
and on the other hand staking their existence              is to eliminate the civilian population. As
within political frameworks that open the way              it is the unity of a whole people that is
to military occupation and re-colonisation. The            containing the conventional army, the only
Cold War was such a system, and the “War on                anti-guerrilla strategy which will be
                                                           effective is the destruction of that people,
Terror” is its successor. In general, neo-
colonial wars are different because what is at             in other words, the civilians, women and
stake in each instance is the example that must            children … A determined population,
be set to all other post-colonial states: that the         unified by its fierce and politicised
colonial relation did not end, but can and will            partisan army, will not let itself be
be reasserted at will.                                     intimidated, as it was in the heyday of
                                                           colonialism, by a massacre ‘as a lesson’.
Principally, it is the instrumentalisation of              On the contrary, this will only increase its
international financial, economic and political            hatred. It is no longer a matter of arousing
relations that allows for neo-colonisation. Such           fear but of physically liquidating a people.
was the role of the UN sanctions regime and
weapons inspections programme for Iraq. Only              Sartre clarifies the point by exploring the
when the United States was assured there were             psychology of the colonial soldier in Vietnam:
no weapons of mass destruction in Iraq was it              In these confused American minds the
possible to wage the war it had long prepared;             Viet Cong and the Vietnamese tend to
only when it was certain that economically and             become more and more indistinguishable.
socially Iraq was on its knees could it invade.            A common saying is ‘The only good
The US war on Iraq is not the conduct of                   Vietnamese is a dead one’, or, what comes
politics by other means in any classical sense,            to the same thing, ‘Every dead Vietnamese
nor even a classical war, but rather a neo-                is a Viet Cong’ … Originally, they were
colonial war: a war of liquidation, genocide               probably disappointed: they came to save
and plunder.                                               Vietnam from Communist aggressors.
Neo-colonial war is “total war waged to the                They soon saw that the Vietnamese
end by one side and with not one particle of               actually disliked them. Instead of the
reciprocity.” And it is this inequality that —             attractive role of the liberator they found
akin to colonial suppression, only greater —               themselves the occupiers. It was the
contains within it the logic of genocide.                  beginning of self-appraisal: ‘They do not
                                                           want us, we have no business here.’ But
Sartre writes:                                             their protest goes no further: they become
  the scarcity and quality of weapons [on the              angry and simply tell themselves that […]
  side of the invaded state] … dictates the                there is not a single Vietnamese who is not
  nature of the fighting: terrorism, ambush,               really a Communist: the proof is their
  harassing the enemy, and the extreme                     hatred of the Yankees. Here, in the

                                                     13
US Genocide in Iraq


 shadowy and robot-like souls of the                     degradation. In fact, say the American
 soldiers, we find the truth about the war in            government, we have done nothing but
 Vietnam: it matches all of Hitler’s                     offer the Vietnamese this choice: either
 declarations. He killed the Jews because                you stop your aggression or we break you.
 they were Jews. The armed forces of the                 This absurdity is not uncalculated: it is
 United States torture and kill men, women               clever to formulate a demand which the
 and children in Vietnam because they are                Vietnamese cannot possibly satisfy. In this
 Vietnamese.                                             way, America remains the master of the
In neo-colonial “wars of example”, especially            decision to stop the fighting. But, one
— as in Vietnam — where the economic                     might read the alternatives as: declare
interests    are    minimal,     the   “innate           yourselves conquered, or ‘we will take you
contradiction” in colonial logic that once               back to the Stone Age’. It does not cancel
forestalled genocide (keeping the natives alive          out the second term of the alternative,
                                                         which is genocide. They have said:
as consumers for industrial goods), no longer
pertains. In this case, Sartre writes, “Total            genocide, yes, but only conditional
genocide then reveals itself as the foundation           genocide. Is this legally valid? Is it even
of anti-guerrilla strategy. And, under certain           conceivable?
circumstances, it would even present itself as          Until submission: “villages are burnt, the
the ultimate objective, either immediately or           population has to endure massive and
gradually.”                                             deliberately destructive bombardments, the
This is not to say that the people aggressed            cattle are shot at, the vegetation is ruined by
have no choice. There is always submission.             defoliants, what does grow is ruined by toxic
But submission is simply the revitalisation of          elements,     machine     guns     are    aimed
colonialism, and as such is genocide by                 haphazardly, and everywhere there is killing,
another name. As Sartre explains: “One cannot           rape and pillage.” And not only the daily risk
colonise without systematically destroying the          of death and environmental destruction, but
particular character of the natives, at the same        also “the systematic destruction of the
time denying them the right of integration with         economic system, from the irrigation ditches
the mother country and of benefiting from its           to the factories of which ‘there must not be a
advantages … It naturally follows that the              brick left upon another brick’; destruction of
colonised lose their national personality, their        hospitals, schools, places of worship,
culture, their customs, sometimes even their            consistent effort towards wiping out [national]
language, and live in misery like shadows.”             achievements.”

So the commencement of physical genocide is             After submission: “most elementary needs are
used as blackmail to force the aggressed to             ignored. There is under-nourishment and
accept another genocide. Here “substantial              complete lack of sanitation. The social
part” loses all meaning, for its annihilation is        structure is destroyed … family life no longer
but a means to force the rest into submission.          exists. As the homes are broken up, the birth
That the choice is posed between death and              rate diminishes; all possibility of cultural or
submission doesn’t stop the act from being              religious life is abolished. Even work that will
genocide by intention. As Sartre writes:                improve the standard of living is denied …
                                                        The elder sister or the young mother, without a
 Let us say that there is only a choice                 breadwinner and with so many mouths to feed,
 between immediate violent death and a                  sinks to the utmost degradation in prostitution
 slow death after mental and physical                   to the enemy.”

                                                   14
                                                                                        US Genocide in Iraq


In reality, neo-colonial strategy presents the            solution for the colonial state. A logic of
aggressed population with one choice:                     genocide is inherent to neo-colonial war in all
resistance or collective death or disintegration.         respects: in its duration in the face of popular
So long as it resists, it faces massive deliberate        resistance; in the tactics it must resort to in
attacks or the possibility of extinction in an            order to quell popular resistance; in the
overwhelming genocidal campaign, while if it              possibility of massive escalation in the face of
submits, it faces conditions of life that amount          popular resistance; and in the outcome if
to genocide of another kind. Insofar as there is          submission is achieved.
no choice except resistance and survival,                 The principle of genocide by duration is
popular resistance wages its struggle in the              currently exhibited in occupied Iraq. Under
hope of debilitating the aggressor sufficiently           international humanitarian law, the United
enough as to slow him down and spark unrest               States as an occupying power is obliged to
within his domestic population, while not                 provide for the wellbeing of Iraqis. Yet so long
overly provoking him into launching an all out
                                                          as they are occupied, the Iraqi people,
campaign of extermination. This cat and                   naturally set against the occupying power in
mouse war of attrition will last so long as a             resistance and embodying as such the
political solution is absent (i.e., the withdrawal        continuity of the state, have no interest in
of the colonial state) and so long as the                 pursuing anything but bare survival lest the
political will of the resisting population                situation of occupation become normalised.
remains firm.
                                                          This mode of resistance is illustrated well in
From the vantage point of the neo-colonial                how quickly sabotage, especially of strategic
state, either the aggressor “gives way, makes             infrastructure like oil pipelines, took hold in
peace and recognises that a whole nation is               Iraq following the onset of the US
opposing him,” or else, realising that classical          occupation.26 Naturally, any resistance
colonial repression will not work, resorts — if           movement to occupation has an interest in
he can do so without damaging his own                     making the occupation as difficult and as
interests — to “extermination pure and                    costly as possible for the occupying power.
simple.”                                                  Given that US officials, in order to get
The resisting population, on the other hand,              American public backing for the war, stressed
can only choose resistance, as resistance — to            that Iraqi oil would pay to rebuild the country
the extent to which the full discharge of the             they would imminently destroy27, oil
neo-colonial state is avoided, and to the extent
to which the effects of colonial terror “in its           26
psycho-social     consequences”25     can     be             http://iags.org/iraqpipelinewatch.htm
                                                          27
                                                             When General Jay Garner, chief of the Office for
ameliorated — is the only possible path to                Humanitarian Relief Assistance (ORHA), in February
liberty and independence.                                 2003 decried the fact that his team was allocated only
b) Genocide by occupation                                 $27 million to rebuild Iraq where Garner forecasted the
                                                          cost of reconstruction to be upwards of $12 billion,
One can surmise that because this equation                Donald Rumsfeld told him: “If you think we’re
must be understood in advance, the very                   spending our money on that, you’re wrong. We’re not
                                                          doing that. They’re going to spend their money
waging of neo-colonial war is genocidal in that           rebuilding their country.” Echoing the same attitude, in
success amounts to cultural genocide for the              April 2003 Pentagon spokesman Lawrence Di Rita told
colonised, while failure presents genocide as a           ORHA officials: “We don’t owe the people of Iraq
                                                          anything. We’re giving them their freedom. That’s
                                                          enough.” See also
25
     http://brusselstribunal.org/DeathAnxiety.htm         http://commondreams.org/headlines03/0110-01.htm

                                                     15
US Genocide in Iraq


production has been constantly targeted by                 Sartre’s analysis of the dynamics of neo-
Iraqis themselves in order to drain the pocket             colonial war reveals the inner logic, in the
of the American taxpayer.                                  abstract, of genocide inherent to contemporary
Thus it is not simply the incompetence,                    colonialism — a logic that appears to the fore
corruption and punitive mentality of the                   in two circumstances: 1) Where the innate
United States and its local proxies that explain           contradiction of colonialism, represented in
why four years into the US occupation even                 certain economic interests primarily, is absent;
basic services like access to water and                    2) When popular resistance to colonialism
electricity are debilitated. The overall level of          takes the form of guerrilla warfare and the
reconstruction is held at zero not only as a               entire aggressed population appears as a target.
collective punitive measure, but also because              If this is indeed the inherent dynamic, all that
the Iraqi resistance prevents Iraqi oil from               would remain to be done would be to expose
reinforcing the occupation or paying for                   as neo-colonialism US aggression on Iraq. It is
                                                           already clear that in Iraq popular resistance has
America’s war of aggression. The $50 billion
in Iraqi assets that the US seized along with              taken the form of guerrilla warfare.
revenues from oil possibly exported has                    In reality, US policy in Iraq amounts to and
funded no real reconstruction in four years.               exceeds colonialism. Current US actions in
Money is used, rather, on military and police              Iraq are an objective attempt to destroy Iraq as
operations, sunk into political corruption, or             a state and nation. In this instance, the
funding propaganda campaigns.                              genocidal logic of neo-colonial war has been
It is in this context that the intransigence of the        activated on purpose and established as the
US occupation — its unwillingness to accept                ultimate aim. It has nothing to do with
its defeat and withdraw — suggests additional              accident or incompetence, and even goes
genocidal intent. So long as the US occupation             beyond reactive vengeance. It is the outcome
continues, the overall suppression of Iraqi                of an entire global, regional and national
wellbeing persists, development and life-                  imperative. Thus we must penetrate, before
sustainability impeded. Intransigence leading              outlining how the project has been
to arrested development augments the toll of               implemented, the core context of Iraq’s
excess deaths and the general psychosis                    destruction as such. The strategic context for
experienced by those living in continual fear              US genocide in Iraq gives us a framework
of imminent annihilation, and steals from Iraq,            through which to interpret events as well as
every day the US occupation remains,                       fully appreciate the gravity of these events.
countless productive life hours and life years.            a) The strategic context for genocide
Given that the US must be aware that Iraqi                 There are three primary sets of reasons why
reconstruction is impossible so long as it                 Iraq was singled out for destruction. These
remains an occupying power, the fact that it               reasons, attendant to three levels of policy
remains an occupying power is further                      (global, regional and national), form a single
evidence of the US “knowingly” committing                  overarching imperial strategy, each part
genocide, or, if used as blackmail and                     interrelated and dependent on the others.
punishment, “purposely” committing genocide
as outlined above.                                         i. Asserting US geopolitical, global hegemony
                                                           Being “a region whose resources would, under
  5. The destruction of the Iraqi state and                consolidated control, be sufficient to generate
              national identity

                                                      16
                                                                                           US Genocide in Iraq


global power,”28 command of the Middle East                   In the words of Henry Kissinger, “Oil is too
and Eurasia region is essential to any bid for                important a commodity to be left in the hands
world hegemony. Until 1989, US global                         of the Arabs.” If this sums up US policy that
supremacy was thwarted by the Soviet Union.                   until 1990 was covert, from the collapse of the
Though embedded in the Middle East region                     Warsaw Pact it became overt. The 1990
economically and politically, US control                      sanctions regime, followed by the 1991 Gulf
remained virtual, not actual. In his 1980 State               War, marks the opening salvo of a US drive
of the Union Address, President Jimmy Carter                  for Middle East and Eurasia control that
summed up Cold War US Middle East                             continues until now. History will prove or
concerns: “Any attempt by any outside force                   disprove the reasons of Iraq’s occupation of
to gain control of the Persian Gulf region will               Kuwait. Legally Iraq had no right to invade
be regarded as an assault on the vital interests              Kuwait, but the sanctions regime adopted by
of the United States. It will be repelled by the              the UN Security Council, in its rapidity,
use of any means necessary, including military                severity and results, is proof that already in
force.”29 Already in 1979, spurred by the                     1990 there was a premeditated plan to destroy
Soviet invasion of Afghanistan, Carter had                    Iraq, rather than see only an end to the Kuwait
created the Rapid Deployment Joint Task                       invasion. If containment was the strategic
Force (RDJTF), an ad hoc assortment of US                     philosophy of the Cold War, in 1990 it became
forces designated for possible deployment in                  subjugation and substitution. Sanctions
the Middle East.                                              reached into the heart of Iraq.
In 1981, President Reagan added the “Reagan                   Why Iraq in particular? In addition to being
Corollary to the Carter Doctrine”, proclaiming                sovereign over the world’s second largest
that the US would not only use military force                 proven reserves of oil, its geopolitical position
to “defend” Middle Eastern oil supplies from                  is the answer. Regionally, “Iraq is a
“external” threats, but would also use military               crossroads. Its land provides the necessary
force to maintain the “internal stability” of the             route for Iran to access Syria, Jordan and the
region. By “stability” Reagan meant exactly                   Mediterranean, and for Syria and Jordan as
what he said: the maintenance of the                          they look towards Iran and the Arabian Gulf
engineered status quo: the non-unity of the                   basin. It is also the natural path from Turkey to
Arab Muslim world and guaranteeing the                        the Gulf, and vice versa.”30 Globally, Iraq is
presence     and     superiority    of     Israel.            positioned in the centre between Eurasia and
Consequently, in 1983 Reagan consolidated                     the Mediterranean. If the US was to control the
the RDJTF as US Central Command. By late                      global economy, it could only do so by
1989, with the collapse of the Warsaw Pact,                   imposing itself as intermediary between Iraq,
and with the Soviet bloc fragmenting, the                     Europe and China. As formulated by Paul
United States was left unopposed in the most                  Wolfowitz and Dick Cheney (then US defense
important geopolitical and geo-economic                       secretary) in 1992, the imperative was
region of the world. Objectives long                          “precluding the emergence of any future
suppressed by the Cold War could be activated                 potential global competitor” by maintaining
in full.                                                      the “mechanisms for deterring potential
                                                              competitors from even aspiring to a larger
28
  1992 Draft “Defense Planning Guidance”, drafted by
Paul Wolfowitz. http://USgenocide.org/strategy.html
29                                                            30
                                                                 Abdul Ilah Albayaty and Hana Al Bayaty, “Fortress
http://jimmycarterlibrary.org/documents/speeches/su80j        Iraq,” Al-Ahram Weekly, Issue 722, 23-29 December
ec.phtml                                                      2004. http://weekly.ahram.org.eg/2004/722/re1.htm

                                                         17
US Genocide in Iraq


regional or global role.”31                                    people behind its government against other
By 1997, sanctions were not working. With                      regimes was evident. Iraq emerged as a
Europe and China ever rising, entailing                        defender of all Arabs against imperialism,
competition for access to oil for development,                 Zionism       and      the     Shah-inaugurated
a group of ideologues, Zionists and corporate                  expansionist ambitions of Iran adopted by
lobbyists coalesce and send a wake-up call to                  Tehran’s Mullahs in 1979. This situation was
Washington.32 Named the “Project for a New                     threatening for pro-American Arab regimes,
American Century” (PNAC), gone now is the                      for Israel, and all those afraid of a rising Arab
language of “new era of multilateralism”                       nation hoping to pursue unity, economic
attendant to the “new world order”. America’s                  independence, democracy and progress.
very future depends, the PNAC neocons said,                    Since 1948, the US has attempted to break
on “full spectrum dominance.” Military                         Arab unity in three principal ways: 1)
“presence in the Gulf region”, reads a PNAC                    Unconditionally supporting the State of Israel
2000 strategy document, should be considered                   — an entity founded on theft and a war of
“a de facto permanent presence.” As the                        colonial aggression on the Palestinian people
PNAC indiscreetly admitted: “The United                        — and bargaining US political favour on this
States has for decades sought to play a more                   predicate; 2) Balkanising the Arab world both
permanent role in Gulf regional security.                      at a regional level (the undermining of Arab
While the unresolved conflict with Iraq                        solidarity) and a national level (conspiring to
provides the immediate justification, the need                 internally partition Arab states); and 3)
for a substantial American force presence in                   Destroying Arab developmental achievements
the Gulf transcends the issue of the regime of                 to pave the way for US corporate
Saddam Hussein.”33                                             globalisation. These elements of consistent US
                                                               Middle East policy are interdependent and
ii. US policy aimed to break Arab unity                        mutually reinforcing. Overall, the US goal has
With the end of 1991 Gulf War, it was evident,                 long been to ensure that the Arab world
although having suffered severe casualties and                 remains an “arc of instability” wherein the
the enormous cost of war, that Iraq had a large                United States, through an ever-increasing
and experienced army, capable of defending                     network of military bases, can play the role of
its national interests. Throughout the Iran-Iraq               permanent arbiter and final authority,
War, and the 1991 Gulf War, the Iraqi army                     guaranteeing US global hegemony and
proved that it was an army of technicians in all               securing by military force US national
domains. In addition, the unity of the Iraqi                   interests.34
                                                               Washington’s use of the State of Israel as an
31                                                             offensive spearhead breaking into the Arab
   1992 Draft “Defense Planning Guidance”,
http://USgenocide.org/strategy.html
32                                                             34
   Geoffrey Geuens, “Imperialist State, Nation of                 To date, the US has over 700 declared bases in 130
Capitalists: The Links between the PNAC and the US             countries. In Iraq, the US, as of 2007, has 55 bases
Military-Industrial Complex,” The BRussells Tribunal           remaining out of over 100 established in 2003-2004,
Dossier, 14-17 April 2004.                                     many slated to be “enduring”; this in addition to
http://brusselstribunal.org/pdf/DossierBRussellsTribuna        building the largest embassy anywhere in the world: a
l.pdf                                                          huge complex covering an area bigger than the Vatican
33
   “Rebuilding America’s Defences: Strategy, Forces            City and sporting an Olympic-size swimming pool, a
and Resources for a New Century,” PNAC, September              state-of-the-art gymnasium, tennis courts, a cinema and
2000.                                                          restaurants. Cost estimates, including all the perimeter
http://newamericancentury.org/RebuildingAmericasDef            security, self-contained utilities and other amenities,
enses.pdf                                                      come to over $1 billion.

                                                          18
                                                                                         US Genocide in Iraq


world is well documented. After every Israeli                    threat to Israel. An Iraqi-Iranian war will
aggressive war on the Arab world its aid                         tear Iraq apart and cause its downfall at
package has increased.35 Before 1990, Iraq was                   home even before it is able to organise a
the only Arab state sufficiently independent, as                 struggle on a wide front against us. Every
well as militarily capable, to be a counter-                     kind of inter-Arab confrontation will assist
balance to Israeli colonial expansionism and to                  us in the short run and will shorten the
challenge Israel’s illegal occupation of Arab                    way to the more important aim of breaking
lands. Unlike Saudi Arabia, Egypt, Jordan and                    up Iraq into denominations as in Syria and
the Gulf States, Iraq was not dependent on the                   in Lebanon. In Iraq, a division into
US for security or the general welfare of its                    provinces along ethnic/religious lines as in
population. This independence placed Iraq —                      Syria during Ottoman times is possible.
especially after the 1979 peace treaty between                   So, three (or more) states will exist around
Egypt and Israel — at the centre of the                          the three major cities: Basra, Baghdad and
political system of the Arab world. While                        Mosul, and Shi’ite areas in the south will
Iraq’s development was tolerated when                            separate from the Sunni and Kurdish
involved in a never-ending weakening war                         north.” (emphasis in original) 36
with its eastern neighbour, its achievements                In his 1999 book, Tyranny’s Ally: America’s
quickly appeared contrary to US regional and                Failure to Defeat Saddam Hussein, David
global interests as soon a ceasefire was                    Wurmser, current Middle Adviser to Dick
reached with Iran.                                          Cheney, would echo similar ideas when
That Israel has long wished that Arab states be             advocating that the US intervene to create a
divided up into small ethnic and sectarian                  “loosely unified Iraqi confederal government,
entities is well known. In his 1982 essay, “A               shaped around strong sectarian and provincial
Strategy for Israel in the 1980s”, Oded Yinon               entities.”37 Wurmser in 1996, along with
argued:                                                     Douglas Feith (US undersecretary of defense
     Lebanon’s total dissolution into five                  for policy, 2001-05) and Richard Perle
     provinces serves as a precedent for the                (chairman of the Defense Policy Board
     entire Arab world including Egypt, Syria,              Advisory Committee 2001-03), both key
     Iraq and the Arabian peninsula … The                   neoconservatives, wrote for incoming Israeli
     dissolution of Syria and Iraq … into                   Prime Minister Benyamin Netanyahu the
     ethnically or religiously unique areas such            strategy document, “A Clean Break: A New
     as in Lebanon, is Israel’s primary target              Strategy for Securing the Realm”. Therein
     on the Eastern front in the long run, while            Netanyahu is encouraged to “re-establish” the
     the dissolution of the military power of               “principle     of   pre-emption,”   including
     those states serves as the primary short               removing Saddam Hussein from power,
     term target … Iraq, rich in oil on the one             deemed “an important Israeli strategic
     hand and internally torn on the other, is              objective in its own right.”38
     guaranteed as a candidate for Israel’s
     targets. Its dissolution is even more                  36
                                                               http://informationclearinghouse.info/article1025.htm
     important for us than that of Syria. Iraq is           37
                                                               David Wurmser, Tyranny’s Ally: America’s Failure
     stronger than Syria. In the short run it is            to Defeat Saddam Hussein (Washington: AEI Press,
     Iraqi power which constitutes the greatest             1999), pp. 136-37.
                                                            38
                                                               http://israeleconomy.org/strat1.htm. Richard Perle
                                                            was later to co-sign with Elliott Abrams, Richard L
35
  By credible estimates, US aid to Israel since 1948        Armitage, John Bolton, Zalmay Khalilzad, William
passed $100 billion in 2002.                                Kristol, Donald Rumsfeld and Paul Wolfowitz an “Open

                                                       19
US Genocide in Iraq


Yinon’s essay and Wurmser’s book echo the                            peaceful and cooperative with its
assertions of former Israeli Labour Foreign                          immediate neighbours, there will be no
Minister Abba Eban that the “Arab East” is a                         stability in Iraq or in the region. As was
“mosaic” of ethnic divergence.39 Present plans                       rightly observed by Saud Al-Faisal, the
to partition Iraq into three weak and                                Saudi foreign minister, this may result in a
conflicting protectorates are their direct                           civil and regional war.
progeny.40 In Iraq, the current “political                      That partition is even a proposal, given that
process” is not about stability, but the pursuit                none of the stated aims of the 2003 illegal US
of war by other means, aimed to break up the                    invasion suggest it, reveals that the US has
state and sow conflicts throughout the region.                  moved consciously to fulfil Israel’s agenda
In the words of Abdul Ilah Albayaty and Hana                    and bring about precisely this outcome. The
Al Bayaty:                                                      overall result: a strategic victory for the State
  The so-called political process, instead of                   of Israel; ancillary benefits for Iran as a second
  bringing stability to Iraq, is and will be the                level proxy; and justification for permanent
  cause of increasing instability in the                        and expanding US military presence in the
  region. Indeed, on the one hand, the                          whole of the Middle East region.
  Kurdish parties are working to create a                       The third arm of US regional policy has been
  Kurdish entity in the north, unrestrained                     to destroy existing Arab developmental
  by the central government. This will be a                     achievements, undermining and destroying
  destabilising factor for Iran, Turkey and                     Arab states as viable entities while promoting
  Syria, and is opposed by the majority of                      corrupt, incompetent and repressive regimes
  Arab Iraqis. On the other, the Shia                           that serve the interests of foreign powers.
  religious forces are trying to build a Shia                   Rejecting this destiny, it is well known that of
  semi-state in the south, governed by the                      all Arab states, Iraq prior to 1990 had the most
  concept of “Wilayat Al-Fakih” (Rule of                        developed system of national education,
  the Jurist — a laden concept which puts                       healthcare and primary state services. On the
  religious authority above nationalism),                       basis of a nationalised oil industry and Iraq’s
  similar to and allied with Iran. This will be                 water resources, Iraq was able to achieve
  a destabilising factor for the whole Gulf                     significant state and national development
  region, including Saudi Arabia. It is                         autonomous from foreign capital and thus
  opposed by most Arab countries. In                            independent        of     foreign     influence,
  reality, if there isn’t a strong unified Iraq,                encompassing infrastructure, science, military
                                                                advance, and social security. Sanctions
Letter” of the Project for a New American Century               targeted Iraqis as a people and state, not only
(PNAC) think-tank to President Bill Clinton, 16 January
1998, urging Clinton, “to seize that opportunity, and to        the Iraqi government or army. Indeed, the
enunciate a new strategy that would secure the interests        regimen of punitive sanctions imposed on Iraq
of the US and our friends and allies around the world.          stands unprecedented in modern history,
That strategy should aim, above all, at the removal of          systematically destroying its attained levels of
Saddam Hussein’s regime from power,” adding
                                                                economic, social, political and military
ominously that “American policy cannot continue to be
crippled by a misguided insistence on unanimity in the          development and leading to an estimated
UN Security Council.”                                           1,500,000 excess deaths over 13 years.41
39
   Saleh Abdel-Jawwad, “Israel: the ultimate winner”,
Al-Ahram Weekly, Issue #634, 17-23 April 2003.
                                                                41
http://weekly.ahram.org.eg/2003/634/op2.htm                       Hans C von Sponeck, A Different Kind of War: The
40
   For more on partition, see                                   UN Sanctions Regime in Iraq (New York: Berghahn
http://USgenocide.org/partition.html                            Books, 2006).

                                                           20
                                                                                        US Genocide in Iraq


Overall, these three aspects of US regional                 execution order. Spending $200,000 a minute
policy — breaking regional unity by                         on oil, no system of life on earth is as
instrumentalising Israel; Balkanising and                   dependent on oil as that of the United States.
partitioning Arab states into ethnic and                    The consumer economy, which depends on oil
sectarian entities; and destroying Arab                     and relative high wages, is the guarantor of the
development capacities — by design aim to                   internal tranquillity of the US. Many core US
ensure that the Arab world as a whole never                 industries — protected and uncompetitive, and
attains the requisite social, political, economic           based on high wages — would collapse if
and military development to take advantage of               guaranteed supplies of oil were to end, upon
the enormous oil, gas and mineral resources                 which guarantees stable prices depend. With
over which by right it is sovereign.                        the collapse of industries, the consumer
Keeping Iraq in particular unstable is key to               economy would be oversupplied. Prices would
US strategic designs for the whole Arab                     plummet and growth would disappear. Outside
                                                            the     national     sphere,   US     corporate
region. In the words of Abdul Ilah Albayaty
and Hana Al Bayaty, given Iraq’s median                     globalisation, exploitative in nature, depends
geopolitical     position:    “The      slightest           on the US military machine, which itself
deterioration in relations between Iraq and any             depends on foreign oil.44 As the eclipse of the
of its neighbours is automatically a setback for            age of oil approaches, these objective realities
cooperation throughout the whole region.42                  constitute a national emergency for the United
Michael Ledeen, founding member of the                      States.45
Jewish Institute for National Security Affairs              US economic vulnerability is not only centred
and a key neoconservative, in 2002                          on the supply of oil. The entire entity of the
unabashedly told the truth about US regional                United States is wagered on the use of the
policy in saying: “Stability is an unworthy                 dollar as the primary currency of oil
American mission, and a misleading concept                  transactions. The US long forced OPEC oil
to boot. We do not want stability in Iran, Iraq,            sales to be transacted only in dollars,
Syria, Lebanon, and even Saudi Arabia … The                 establishing the dollar as the global currency
real issue is not whether, but how to                       of reserve. Indeed, the global oil industry is the
destabilise. Creative destruction is our middle             guarantor and engine of the global dollar
name … Our enemies have always hated this                   economy. Any alteration of this arrangement
whirlwind of energy and creativity which                    threatens to explode the illusion on which
menaces their traditions (whatever they may                 American economic prowess is built. If dollars
be) … we must destroy them to advance our                   were to flood back into the United States,
historic mission.”43                                        hyperinflation would take hold, followed by

iii. The US national emergency and corporate                44
interests                                                      According to Defense Logistics Agency
                                                            spokeswoman Lana Hampton, quoted in an article in the
The entire entity of the United States is on                American Forces Information Service News, the US
death row. The end of the age of oil is its                 military is using 10-11 million barrels of fuel each
                                                            month to sustain operations in Afghanistan, Iraq and
                                                            elsewhere.
42
   Abdul Ilah Albayaty and Hana Al Bayaty, “Fortress        http://defenselink.mil/news/newsarticle.aspx?id=16915
                                                            45
Iraq,” Al-Ahram Weekly, Issue 722, 23-29 December              Michael Klare, Resource Wars: The New Landscape
2004. http://weekly.ahram.org.eg/2004/722/re1.htm           of Global Conflict (New York: Owl Books, 2002) and
43
   Michael Ledeen, The War Against the Terror               Blood and Oil: The Dangers and Consequences of
Masters: Why It Happened. Where We Are Now. How             America’s Growing Petroleum Dependency (New York:
We’ll Win (New York: Truman Talley Books, 2002).            Penguin Books, 2005).

                                                       21
US Genocide in Iraq


stagflation as uncompetitive and protected                    companies are anxious for greater access there,
industries collapsed. As consciousness of the                 progress continues to be slow.”48 By
approaching end of the age of oil sinks in, and               September 2000, despite their ideas receiving
as others powers — the EU and China — rise,                   some heed, the PNAC is running out of
this monetary consideration is a second level                 patience: “Global leadership is not something
to the US national emergency.46                               exercised at our leisure, when the mood strikes
By 1997, the PNAC understands well the twin                   us or when our core national security interests
levels of the US national emergency and                       are directly threatened; then it is already too
commits itself to address it. Though the US-                  late. Rather, it is a choice whether or not to
led destruction of Iraq has already begun, the                maintain American military pre-eminence, to
signatories of the PNAC express concern that                  secure American geopolitical leadership, and
the US is resting on its laurels — they                       to preserve the American peace.”49
undertake to accelerate it. The PNAC                          Much has been said about the PNAC’s claim
announces its presence with a question and a                  that the transformation in American strategy
warning: “Does the United States have the                     would be slow and frustrating “absent some
resolve to shape a new century favourable to                  catastrophic and catalysing event — like a new
American principles and interests? We are in                  Pearl Harbour.” Many believe that 9/11 was
danger of squandering the opportunity and                     the convenient trigger. In reality, the true Pearl
failing the challenge. We are living off the                  Harbour occurs within weeks of this PNAC
capital — both the military investments and                   prediction being published. On 6 November
the foreign policy achievements — built up by                 2000, Iraq began selling oil in euros, with
past administrations.”47 Admonishing the then                 others (Venezuela, Iran, Russia and Libya)
Clinton administration, the neoconservatives                  threatening to follow suit.50 Later Iraq
of the PNAC argue for significant defence and                 converted its $10 billion reserve fund at the
foreign policy spending, to curtail — with no                 UN also to euros. In the aftermath of the 7
irony — “the promise of short-term                            November 2000 US presidential elections, the
commercial benefits” threatening to “override                 Republican right faced the long-term national
strategic considerations.”                                    emergency immediately. If the oil economy
In 1999, Dick Cheney, then CEO of                             were to shift to euros, the American economy
Halliburton,     the   largest   post-invasion                would collapse. This is the context
contractor in Iraq, muses on the issue of                     surrounding the deliberations of the Cheney
supply: “by 2010 we will need on the order of                 Energy Policy Task Force in early 2001,
an additional 50 million barrels a day. So                    whose conclusions until now remain
where is the oil going to come from? ... While
many regions of the world offer great oil
opportunities, the Middle East with two thirds
                                                              48
of the world's oil and the lowest cost, is still                 http://energybulletin.net/559.html
                                                              49
where the prize ultimately lies. Even though                     “Rebuilding America’s Defences: Strategy, Forces
                                                              and Resources for a New Century,” PNAC, September
                                                              2000.
46
   William R Clark, Petrodollar Warfare: Oil, Iraq and        http://newamericancentury.org/RebuildingAmericasDef
the Future of the Dollar (NY: New Society Books,              enses.pdf
                                                              50
2005).                                                           William R Clark, “The Real Reasons for the
47
   “Statement of Principles”, Project for the New             Upcoming War With Iraq: A Macroeconomic and
American Century, 3 June 1997.                                Geostrategic Analysis of the Unspoken Truth”, 17
http://newamericancentury.org/statementofprinciples.ht        February 2003.
m                                                             http://globalresearch.ca/articles/CLA302A.html

                                                         22
                                                                                             US Genocide in Iraq


classified.51                                                  position, necessitates destroying its Arab
The two national emergencies had rolled into                   Muslim identity — erasing its very being as a
one: Saddam Hussein and the Iraqi people                       nation.
were weathering sanctions while other states                   In combination, the above represents the
were circumventing them, slowing down                          strategic context and motive — global,
progress in Big Oil regional ambitions; and                    regional and national — for destroying the
President Hussein played the bourse card,                      state and nation of Iraq. No single aspect can
threatening the entire basis of the American                   be taken alone; each supports the others. It is
economy in one move. Iraq was the country                      through myriad acts meeting these three broad
that didn’t compromise and succeeded in firing                 strategic concerns that US “intent to destroy”
missiles on Israel; it was also the country that               Iraq can be traced, while the general cohesion
used its oil for progress and that aided poor                  of these three pillars of US strategy suggests
countries in Asia, Africa and the Arab world,                  “intended destruction” of Iraq as the logical
As a country that could defy imperialism when                  conclusion of well-established US Middle East
imperialism was victorious everywhere, Iraq                    and global strategic policy.
signed its own death warrant. It should die.                   Nothing in this “logic” can excuse its
That US Big Oil corporations would make a                      execution. Indeed, nothing in this logic is
killing on stolen Iraqi resources was a bonus.52               excusable. It is specific intent, not
The real issue was national defence — that is,                 implementation that defines the crime of
defence of the system of life of a nation that                 genocide under international law. Claims of
consumes 25 per cent of the world’s energy                     “benevolent hegemony” that accompany US
resources while it constitutes 4.6 per cent of                 global plans are irrelevant. These plans in
the world’s population, a system that creates                  intent constitute genocide. US national,
600,000 tons of garbage per day.                               regional and global designs dictate the
iv. A unified strategy of genocide                             rationality embedded in military planning and
                                                               thinking. Implementation is merely the mirror
To truly secure US supremacy, Iraq would                       of the intent. And if, in the words of Morris
have to become the 51st economy of the                         and Scharf, “it is unnecessary for an individual
United States. This could only suggest                         to have knowledge of all details of the
genocide. By no other means could the United                   genocidal plan or policy,” the pattern of
States control what has been a geopolitical                    implementation is enough to infer the crime.53
entity for 6,000 years and a bastion of Arab
nationalism throughout the 20th century. By                    b) Implementing genocide in Iraq54
no other means could the United States seize                   Having understood the desire, or mens rea, the
from Iraqis their principle source of material                 means, or actus rea, becomes easier to
and future welfare, imposing on their culture                  unravel. From the above, it is clear that the
the idea of foreign ownership of the riches of                 United States had reasons to desire — within
the land. Destroying the Iraqi state would not                 its own logic — the destruction of Iraq as a
be enough. To control Iraq, in its median

51                                                             53
   Disclosure of the 2001 deliberations of the National           Virginia Morris and Michael P Scharf, The
Energy Policy Development Group (commonly referred             International Criminal Tribunal for Rwanda (NY:
to as the “Cheney Energy Task Force”) is subject to            Transnational Publishers, 1998).
                                                               54
ongoing legal action.                                             For more information on the section that follows see
http://judicialwatch.org/printer_1270.shtml                    http://albasrah.net/, http://uruknet.info/ and
52
   http://brusselstribunal.org/pdf/BigOil.pdf                  http://heyetnet.org/en/

                                                          23
US Genocide in Iraq


state and nation. The means by which it                   the UN Security Council, its budget managed
destroyed the Iraqi state, and attempted to               by foreign powers, and with no end in sight.55
destroy the Iraqi nation, follow on from and              This marks the beginning of the dismantling of
accord to these reasons.                                  Iraq as a state and nation. Ground invasion
Specifically, the US has sought to: 1) Destroy            takes place when established policy proves
Iraq physically and culturally, and principally           unable to achieve its goals.
militarily, so that it can never re-emerge as an          Francis Boyle in his indictment for crimes
economic, political or military force; and 2)             against humanity and the crime of genocide
Break Iraq as a state and nation, substituting            describes well the 1991 Gulf War and its
the state with three or more conflicting and              intent:
weak entities based on ethnic and sectarian
affiliations that presage the destruction of                   The bombing continued for 42 days. It met
Iraq’s Muslim Arab identity. These two                         no resistance from Iraqi aircraft and no
objectives, if achieved, would allow for the                   effective anti-aircraft or anti-missile
plunder of Iraq’s resource riches, control of its              ground      fire.    Iraq    was    basically
median position in order to attain global pre-                 defenceless. Most of the targets were
eminence, serve in the protection of the US’s                  civilian facilities. The United States
offensive regional instrument and proxy,                       intentionally bombed and destroyed
Israel, and erase the last official remnant of the             centres for civilian life, commercial and
pan-Arab nationalist movement.                                 business districts, schools, hospitals,
                                                               mosques, churches, shelters, residential
This project of intended destruction — the                     areas, historical sites, private vehicles and
legal substance of genocide — has been going                   civilian government offices. In aerial
on for 17 years. All together, the pattern of                  attacks, including strafing, over cities,
intent is irrefutable. It has led to an estimated              towns, the countryside and highways,
1,500,000 excess Iraqi deaths under sanctions,                 United States aircraft bombed and strafed
and as many as 1,000,000 excess violent Iraqi                  indiscriminately. The purpose of these
deaths since the US illegal war of aggression.                 attacks was to destroy life and property,
By any definition, but also defined in law, this               and generally to terrorise the civilian
is genocide.                                                   population of Iraq. The net effect was the
i. Destroying Iraq physically and permanently                  summary        execution     and     corporal
                                                               punishment indiscriminately of men,
The destruction of Iraq began with sanctions in                women and children, young and old, rich
1990 and the 1991 Gulf War. On the one hand,                   and poor, of all nationalities and religions.
the war was not to liberate Kuwait. It was the                 The intention and effort of this bombing
opening shot of a broader objective of                         campaign against civilian life and facilities
destroying Iraq, entailing permanently                         was to systematically destroy Iraq’s
destroying its military capabilities and civil                 infrastructure leaving it in a pre-industrial
capacities, in order to replace the Iraqi state                condition. The United States intentionally
with an unviable entity in need of constant US
assistance, while breaking its economy in
                                                          55
order to break the will of the Iraqi people and              In the words of Martin Indyk, the top Middle East
later plunder Iraqi resources. Under sanctions,           policymaker on Clinton's first National Security
                                                          Council, “We will not be satisfied with Saddam's
in finance and economy Iraq became a ward of
                                                          overthrow before we agree to lift sanctions.”
                                                          http://thewashingtoninstitute.com/templateC07.php?CI
                                                          D=61

                                                     24
                                                                                      US Genocide in Iraq


     bombed and destroyed defenceless iraqi               military control of at least two thirds of its
     military personnel; used excessive force;            territory, became de facto occupied.
     killed soldiers seeking to surrender and in          The no-fly zone system also had an ancillary
     disorganised individual flight, often                agenda: 1) It imposed a de facto division of
     unarmed and far from any combat zones;               Iraq into three regions that corresponded to a
     randomly and wantonly killed iraqi                   political agenda of partition59; 2) Provided
     soldiers; and destroyed material after the           political cover for continuous targeting of
     ceasefire. The United States used                    Iraq’s military and civil infrastructure; and 3)
     prohibited weapons capable of mass                   Provided air cover for the US to gather
     destruction and inflicting indiscriminate            conspiring opposition forces and for the US
     death and unnecessary suffering against              and Israel to train Iraqi separatist militias,
     both military and civilian targets. Fuel air         which later would replace the national army.
     explosives were used against troops in
     place, civilian areas, oil fields and fleeing        Tied to UN sanctions, the UN weapons
     civilians and soldiers on two stretches of           inspections programme (United Nations
     highway between Kuwait and Iraq.56                   Special Commission, UNSCOM) presented
                                                          Iraq with constantly shifting demands. The
The material destruction of Iraq didn’t end               “100 per cent” verification order was
with the ceasefire that supposedly marked the             technically — even according to former
end of the 1991 Gulf War. General Michael J               inspectors — impossible to satisfy. Aside from
Dugan, former chief of staff of the US Air                that, according to a 1999 article in The
Force, revealed the deliberations of the US               Washington Post, “United States intelligence
administration when he stated in mid-summer               services infiltrated agents and espionage
1991 that if another war comes, “We will                  equipment for three years into United Nations
bomb Iraq back into the Stone Age.”                       arms control teams in Iraq to eavesdrop on the
In reality, in the post-Gulf War period Iraq’s            Iraqi military without the knowledge of the
defences were systematically obliterated by               UN agency that it used to disguise its work,
numerous US-UK bombing raids under                        according to US government employees and
justification of unilaterally imposed and illegal         documents      describing     the    classified
                                                                     60
no-fly zones — first in the north, in April               operation.” Similar allegations surfaced in
1991, and later in the south.57 Thus, contrary to         2003 that the UK leaked false information on
what is usually assumed, the occupation of                weapons in order to use inspections as political
Iraq didn’t start in 2003; it started in 1991. If         cover.
occupation is the situation that pertains when            Combined, no-fly zones and weapons
the territory of a state is put under the                 inspections allowed the United States and its
authority of a foreign military power — as
defined by The Hague IV Regulations58 —
                                                          59
then Iraq from this time, in losing effective                Richard Becker, “Is the U.S. Attempting to
                                                          Dismember Iraq?”
                                                          http://globalpolicy.org/security/sanction/irqbckr.htm
                                                          60
                                                             “US Spied on Iraq Via UN,” The Washington Post, 2
56
   Francis Boyle, “Flashback: US War Crimes During        March 1999, http://washingtonpost.com/wp-
the Gulf War,” 2 September 2002,                          srv/inatl/daily/march99/unscom2.htm UNSCOM was
http://counterpunch.org/boyle0902.html                    disbanded in 1999, replaced by United Nations
57
   http://ccmep.org/usbombingwatch/2002.html              Monitoring, Verification and Inspection Commission
58
   Laws and Customs of War on Land (Hague IV) 18          (UNMOVIC). In 2003, UNMOVIC concluded that
October 1907,                                             UNSCOM had successfully dismantled Iraq’s
http://yale.edu/lawweb/avalon/lawofwar/hague04.htm        unconventional weapons programme during the 1990s.

                                                     25
US Genocide in Iraq


allies to bomb Iraq at will for 13 years in the          value belonging to the Iraqi state is not stolen;
pre-invasion phase. Under the cover of                   everything else is destroyed. This policy of
weapons inspections in particular, scores of             tabula rasa amounts to the effacement of
factories, schools, chemical plants of a civil           modern and ancient Iraq. The result is a state
nature — indeed anything suspected even                  of national shock and of preparation of the
remotely of having a prohibited military                 confrontation between the occupation and the
function — were blown up or bombed.                      Iraqi state apparatus that went underground.
In the name of the no-fly zones, the US and              Order #2 of US Civil Administrator L Paul
allies hit infrastructure, communication lines,          Bremer will disband the national Iraqi army61,
defensive installations and numerous non-                leaving 400,000 well-trained and experienced
military targets, ostensibly all in the name of          men with no immediate means of material
protecting the civilian population. While the            survival and no legitimate national force
US administration was telling lies about                 responsible for defending Iraq’s population
seeking a diplomatic solution to the “Iraq               and territory. In addition to the looting of civil
crisis” it engineered, Operation Southern                institutions, systematic looting of military
Focus begun in June 2002, entailing intensive            installations and armories is organised62, all
bombing below the 33rd parallel, ostensibly to           left unprotected by occupation forces allegedly
“soften up” Iraq for invasion. In September              on Iraqi soil to disarm by force the Iraqi state.
2002 alone, US air forces dropped 54.6 tons of           Heavy materiel from national armories is
bombs, one month prior to Congress                       either sold as iron or carried to the north.
authorising war.                                         Army personnel are criminalised as Saddam’s
With the ground invasion the military and civil          “henchmen”.
destruction of the Iraqi state accelerated               Armaments, equipment and archives are
dramatically. With the massive air bombing               destroyed or stolen, personnel killed or
campaign dubbed “Shock and Awe”, the Iraqi               detained, and Iraqi military ideology — of
state — already criminalised, as the                     being an army defending the unity of Iraq and
“repressive arm” of the Iraqi Baath Party — in           the Arab nation — considered racial and
every instance of its human and infrastructural          sectarian. Iraq’s experienced and strong army,
form was a target. Conscious that its forces             dating in origin to 1921 and which defended
were unequal to those of the foreign invaders,           the unity of the Iraqi state and participated in
and after the Battle of Baghdad Airport where            the defence of Palestine, Jordan and Syria, will
non-conventional weapons were used by the                be replaced by Kurdish separatist and pro-
US, the Iraqi army disperses, a substantial part         Iranian militias. The task of the new army is
going underground to pursue pre-planned
guerrilla warfare.                                       61
                                                            CPA Order #2, “Dissolution of Entities,” 23 August
The police like the population as a whole stays          2003, http://cpa-
                                                         iraq.org/regulations/20030823_CPAORD_2_Dissolutio
home. Militias entering Baghdad alongside US             n_of_Entities_with_Annex_A.pdf
forces inaugurate the breakdown of law and               62
                                                            James Glanz and William J Broad, “Looting at
order sanctions long desired, looting and                Weapons Plants Was Systematic, Iraqi Says,” New York
burning down all public institutions                     Times, 13 March 2005.
(ministries, hospitals, universities, schools,           http://globalpolicy.org/security/issues/iraq/unmovic/200
museums, libraries, cultural institutions, etc.),        5/0313systematic.htm. James Glanz, “Arms Equipment
                                                         Plundered in 2003 Is Surfacing in Iraq”, New York
unopposed by US forces who have been                     Times, 17 April 2005.
ordered not to intervene. Nothing of exchange            http://globalpolicy.org/security/issues/iraq/unmovic/200
                                                         5/0417surfacing.htm

                                                    26
                                                                                         US Genocide in Iraq


not to defend the unity and integrity of Iraq,             Programme, which was based on limited sales
but to defend the occupation and its local                 quotas until 1998 and thereafter remained
proxies against the people of Iraq labelled                heavily regulated, sanctions continued from
“terrorists” or “Saddamists”.                              1996      to     devastate  commerce       and
                                                                          64
Iraq’s territorial borders are left unsecured.             infrastructure. The banning of “dual use”
Private foreign security contractors working as            items even included paper.65 Sanctions also
mercenaries, create a parallel system of fear              would play a role in the de facto partition of
and danger, operating free of all accountability           Iraq: the northern Kurdish area, under the no-
to law.63 The militias of sectarian forces                 fly zone, was effectively exempted, allowing
brought in with the occupation begin to                    Kurdish separatists to flourish and entrench
operate     across     the     Iraqi     territory.        their autonomy from the central government.
Simultaneously, a wave of assassinations                   One aspect of the package established by UN
targets pilots, engineers, scientists and military         Security Council Resolution 687 of 3 April
officers, with reports linking the killing to              1991 was the UN Compensations Commission
intelligence agencies of Israel and Iran                   that throughout the period of sanctions, when
suspected of circulating elaborate “hit lists”.            economically Iraq was crippled and when over
With weapons being disseminated across the                 5,000 children were dying monthly, collated
country, kidnapping becomes a threat to daily              damages claims from the Gulf War and
civil security, along with extortion and                   siphoned a third of Iraq’s oil revenues
summary execution. Corpses quickly start to                (restricted under quotas) to pay reparations.
appear on the streets of Baghdad.                          This situation is ongoing with claims
Parallel to military campaigns, from 1990 the              amounting to $352.5 billion.66 For contrast,
US deliberately pursued a policy of weakening              when in December 1996, under the Oil-for-
Iraq economically to be sure that Iraq could               Food Programme, Iraq was permitted to export
not recover from the systematic destruction of             oil in return for humanitarian supplies it was
civil infrastructure during the 1991 Gulf War              restricted to an overall quota of $2 billion in
and again emerge as an economically                        oil sales every six months. In effect, Iraq had
developing country. UN sanctions, which                    no means of sustaining itself, the total of its
prevented the free sale of oil from 1990                   remittances from oil amounting to disposable
onwards, had a devastating effect on Iraq’s                revenue of $15 per Iraqi per month.
economy, and necessarily the majority of Iraqi             Exasperated by a system they deemed
citizens. The majority of Iraq’s working                   “genocide,” Denis Halliday and Hans von
population in 1990 were employed in the                    Sponeck (both former UN humanitarian
public sector and thus dependant on oil                    coordinators for Iraq who resigned) in
revenue that prior to 1990 comprised 90 per                November 2001 wrote: “The uncomfortable
cent of Iraq’s GDP.                                        truth is that the West is holding the Iraqi
                                                           people hostage.”67
Given that Iraq was a welfare state, the
debilitation of public services affected all Iraqi
                                                           64
citizens. Ostensibly eased by the Oil-for-Food
                                                           http://globalpolicy.org/security/sanction/iraq1/2002/pap
                                                           er.htm
63                                                         65
   CPA Order #17, “Status of the CPA, MNFI, Certain           http://iraqwar.org/list.htm
                                                           66
Missions and Personnel in Iraq,” 27 June 2004,                http://www2.unog.ch/uncc/status.htm
                                                           67
http://cpa-                                                   Hans Von Sponeck and Denis Halliday, “The
iraq.org/regulations/20040627_CPAORD_17_Status_of          Hostage Nation,” 29 November 2001,
_Coalition__Rev__with_Annex_A.pdf                          http://zmag.org/halsponiraq.htm

                                                      27
US Genocide in Iraq


Upon invasion, US strategy in Iraq can be                  centuries.73 The common worldwide practice
summed up in one phrase: privatisation by                  of saving heirloom seeds from one year to the
military force. Order #12 of US Civil                      next is made illegal in Iraq.
Administrator Bremer enacted on 7 June 2003                The consequences are as follows: 1) A rise of
suspended all tariffs, customs duties, import              unemployment to over 70 per cent; 2)
taxes, licensing fees and similar surcharges for           Systematic    plunder    by     multinational
goods entering or leaving Iraq, and all other              corporations; 3) Corruption on a scale
trade restrictions that may apply to such                  unprecedented; and 4) The institution of two
goods68; Order #17 grants foreign contractors,             economic realities: the economy of graft
including private security firms, full immunity            limited to the Green Zone, and the non-
from Iraq’s laws69; Order #39 allows for the               economy of the rest of Iraq, known as the
privatisation of Iraq’s 200 state-owned                    “Red Zone”.
enterprises, 100 per cent foreign ownership of
Iraqi businesses, national treatment of foreign            ii. Substituting the Iraqi state and nation
firms, unrestricted, tax-free remittance of all
profits and other funds, and 40-year ownership             In its attempt to destroy and substitute the Iraqi
licenses70; Order #40 turns the banking sector             state and nation, the United States pursued two
from a state-run to a market-driven system                 parallel tracks: 1) Demonising the Arabism of
overnight by allowing foreign banks to enter               the Iraqi state, of the Iraqi Baath Party — a
the Iraqi market and to purchase up to 50 per              non-sectarian national movement of six
cent of Iraqi banks71; Order #49 drops the tax             million sympathisers — and Saddam Hussein;
rate on corporations from a high of 40 per cent            and 2) Promoting, funding and organising
to a flat rate of 15 per cent. The income tax              sectarian groups of the Iraqi opposition.
rate is also capped at 15 per cent72; and Order            Kick-starting the policy of destroying the Iraqi
# 81 prohibits Iraqi farmers from using the                nation defined as being composed of Iraqis,
methods of agriculture that they have used for             Bush Sr encouraged the rebellion of “Kurds”
                                                           and “Shias” against the Iraqi central
                                                           government in 1991 as the Iraqi national army
                                                           was demobilising, implying that those who
68
   CPA Order #12, “Trade Liberalisation Policy,” 26        ruled them were “Sunnis”. In the words of
February 2004, http://cpa-                                 Francis Boyle: “Bush encouraged and aided
iraq.org/regulations/CPAORD12.pdf                          Shiite Muslims and Kurds to rebel against the
69
   CPA Order #17, “Status of the CPA, MNFI, Certain
Missions and Personnel in Iraq,” 27 June 2004,
                                                           government of Iraq causing fratricidal
http://cpa-                                                violence, emigration, exposure, hunger and
iraq.org/regulations/20040627_CPAORD_17_Status_of          sickness and thousands of deaths. After the
_Coalition__Rev__with_Annex_A.pdf                          rebellion failed, the US invaded and occupied
70
   CPA Order #39, “Foreign Investment,” 20 December        parts of Iraq without lawful authority in order
2003, http://cpa-
iraq.org/regulations/20031220_CPAORD_39_Foreign_I
nvestment_.pdf
71
   CPA Order #40, “Bank Law,” 19 September 2003,
http://cpa-
iraq.org/regulations/20030919_CPAORD40_Bank_Law
                                                           73
_with_Annex.pdf                                               CPA Order #81, “Patent, Industrial Design,
72
   CPA Order #49, “Tax Strategy for 2004,” 20              Undisclosed Information, Integrated Circuits and Plant
February 2004, http://cpa-                                 Variety Law,” 26 April 2004, http://cpa-
iraq.org/regulations/20040220_CPAORD_49_Tax_Strat          iraq.org/regulations/20040426_CPAORD_81_Patents_
egy_of_2004_with_Annex_and_Ex_Note.pdf                     Law.pdf

                                                      28
                                                                                       US Genocide in Iraq


to increase division and hostilities within               After years of conspiracy, the December 2002
Iraq.”74                                                  London conference of the Iraqi National
UN sanctions forced Iraq, as both a state and a           Congress (INC; pre-1998 funded by the CIA,
nation, into complete isolation. While                    post-1998 funded by US Congress, and headed
President Saddam Hussein, and by extension                by Ahmed Chalabi) agreed on what
the Iraqi Baath Party, was the main focus of              percentages each participating faction of the
relentless vilification, from 1990 onwards to             US-assembled “opposition” would gain in the
be non-Kurd Iraqi was to be suspect. With the             sectarian quota system. Unable to replace the
demonisation of President Hussein began the               Iraqi state and its national movement without
process in discourse that would undermine the             the Islamist “factor”, the INC London
very concept of Iraqi citizenship: the                    conference also crystallised an accord between
imposition of sectarianism in allegations, now            the US and Iran on how to, and who would,
questioned, that “Saddam gassed the Kurds”                replace the regime of Saddam Hussein: an
                                                          alliance between Kurdish separatists allied to
and “oppressed the Shia”, and ruled in the
name of the “Sunni minority”. The Iraqi Baath             the US; pro-US Iraqi liberals (the INC and the
Party, central to the operation of the state, was         Iraqi National Accord of Iyad Allawi); and
falsely cast as “Sunni”, repressive of Iraqi              pro-Iranian Islamists under Mohammed Bakr
Kurds and Shias as Kurds and Shias — a                    Al-Hakim of the Supreme Council for the
canard that would later allow for the targeting           Islamic Revolution in Iraq (SCIRI).75
of Sunnis simply because they are Sunni.                  This constituted body of US-approved
Covertly, and later overtly, the United States            spokespeople for the virtual constituents of
started funding sectarian militias and                    Iraqi society — Shias, Kurds, liberals —
opposition groups. The US-sponsored 1992                  would help justify the need in the media for a
opposition conference in Salah El-Din (on                 ground invasion and provide candidates for the
Iraqi soil, with US security guarantees — a               first US installed interim government. Silenced
blatant breach of Iraqi sovereignty)                      are the Iraqi people as well as the 23 February
crystallised the ideas of what would replace              2003 London meeting of authentic Iraqi
the political regime of the Iraqi Baath Party: a          opposition forces who opposed the US agenda
sectarian division of Iraq, as well as sectarian          of illegal pre-emptive war and the interference
quotas in government. A decade of                         of foreign powers in Iraqi national affairs.76
unsuccessful attempts to unify that opposition            The phase of “creative destruction” in the Iraqi
on the details of carving up Iraq would follow.           political domain starts with, and is predicated
By 1998, US official policy, announced in the             upon, an unprecedented propaganda campaign
Iraq Liberation Act, became “regime change”,              directed at both international and Iraqi public
including official funding of sectarian                   opinion, based on sectarian vocabulary and
opposition groups. Within a month and a half              virtual identities and predating the invasion. It
of the passing of the act, the United States              reads: 1) “The Kurds have been gassed,” so
launched a major bombing campaign across                  should be protected and given special rights,
Iraq. Various plots for a coup d’etat were                presaging Kurdish succession and the
supported and funded by the CIA.
                                                          75
                                                             Ghassan Atiyyah, “Fixing it: the London conference,
                                                          Tehran deal, and beyond”, 1 September 2003,
                                                          http://opendemocracy.net/conflict-
74
   Francis Boyle, “Flashback: US War Crimes During        iraqivoices/article_872.jsp
                                                          76
the Gulf War,” 2 September 2002,                             See “On Democracy in Iraq,” Documentary, dir.
http://counterpunch.org/boyle0902.html                    Hana Al Bayaty, 2003, 52mins.

                                                     29
US Genocide in Iraq


fragmentation of the Iraqi state; 2) “Shias are              No one who does not endorse the TAL is
the majority” — a baseless assertion given that              permitted to participate in the “political
no reliable census has been conducted —                      process”, which itself is reduced to a
oppressed not only by Saddam’s regime but                    competition between sectarian leaders. The
also throughout their history, the “democratic               whole domain of Iraqi politics becomes US-
process” simply the harbinger of social justice;             drafted. The US claims to know who
3) “Sunnis are the criminals” and oppose the                 represents the Iraqi people better than the
“New Iraq” because of loss of privileges and                 people itself. The TAL, in effect, legislates the
the power to oppress others; 4) “Iraq is an                  alienation of the Iraqi people from democratic
artificial creation” comprised of three                      politics. Violating the UN Draft Articles on
homogenous regions: Kurds in the north,                      State Responsibility, UN Security Council
Sunnis in the centre, and Shias in the south.                Resolution 1546 in June 2004 “welcomes” and
Inherent to this propaganda is a purposive                   “endorses” the formation of a “fully
                                                             sovereign” interim Iraqi government as a stage
blurring of the distinction between ethnic and
sectarian identities: the Shias and Sunnis are               on the road to an independent, democratic and
not Arab or Kurd; Kurds are not Muslim, be it                federal Iraq,    thereby     recognising      the
Shia or Sunni; and there is no such thing as                 consequence of an illegal state act — the
“the Iraqis”, only a composition of Sunni, Shia              invasion.
and Kurd. All other components of Iraqi                      The following period of general repression can
society — Turkomans, Assyrians and other                     be split between two phases: 1) The imposition
Christians, and Yaziids and Sabbits — are                    of illegal elections; and 2) The imposition of a
purposely ignored.                                           permanent constitution based on the TAL.
The aim of this propaganda is to facilitate US               Across Iraq, the occupation attempts to create
destruction of the Iraqi state. The first order              three de facto realities on the ground: 1)
passed into law by US Civil Administrator                    Northern autonomy for the Kurds with
Bremer, outlaws the Iraqi Baath Party in its                 promises of generous representation in
entirety.77 Immediately 100,000 able members                 parliament, and the annexation of oil-rich
of the administrative cadre are criminalised                 Kirkuk, allowing the occupation to justify its
and disbarred from state employment. Silenced                “democratic       process”     and     in   turn
is the fact that 58 per cent of those targeted by            instrumentalise Kurdish militias to suppress
the US-imposed DeBaathification Commission                   the Iraqi resistance; 2) The promotion of
are Shias. In place of the dissolved state, the              Islamist clergy in the south in exchange for
Transitional Administrative Law (TAL) is                     Sistani’s support of the political process and
drafted and imposed, legislating the                         his compelling fatwas for all Shias to
disbanding of the army and the privatisation of              participate in national elections; 3) The central
the economy. Civil and political resistance to               region identified as Sunni and subject to waves
the occupation is outlawed, and civil and                    of violence, urbicide and terror.
political resistance to US corporate                         Ahead of and after elections, waves of
privatisation is criminalised.                               violence and arbitrary detentions target Sunni
                                                             communities. The vilification of the Baath
                                                             Party and its assimilation with Sunnis deepens.
                                                             Media sources speak of “Sunni terrorists”,
77
   CPA Order #1, “DeBaathification of Iraqi Society,”        “Saddam loyalists”, “The Sunni Triangle”,
16 May 2003, http://cpa-                                     “The Triangle of Death” and “Sunni Al-
iraq.org/regulations/20030516_CPAORD_1_De-
Ba_athification_of_Iraqi_Society_.pdf
                                                             Qaeda”, all presaging and constituting the

                                                        30
                                                                                       US Genocide in Iraq


destruction of Iraq’s unifying Arab Muslim                   boycott, despite the price of starvation exacted
identity and the very idea of Iraqi citizenship              for non-participation. In the new National
and nationality. This sectarian propaganda will              Assembly, contradictory agendas ensure
directly play a role in later attempts to spark              permanent instability. The “political process”,
civil war, and will contribute to the enforced               already stripped of legitimacy, cannot but
homogenisation of city districts and justify the             further deepen the confrontation between the
erasure by military force of whole towns in                  occupation and the Iraqi people. How can a
predominantly Sunni provinces. That these                    permanent constitution be drafted by a
provinces rise up in resistance in response to               parliament that does not fairly represent the
US military aggression is taken as proof that                population and fails — and cannot succeed —
the resistance is Sunni, thereby sectarian and               to ensure peaceful coexistence in society?
should be repressed. In order to achieve its                 The theatrical elections and the political
goals, the sectarian occupation accuses the                  process are unable to hide the gap between the
Iraqi people and its resistance of sectarianism.
                                                             real Iraq and the real plans of the occupation.
The so-called “political process” is but theatre             The real occupation is using military force to
in which the public has no right to change the               impose its model. The “political process”
issue. While Iraq is under real and concrete                 simply creates a clique working for, or
illegal occupation; while political free                     accepting, the occupation’s plan of destruction
expression is absent thanks to the                           for Iraq. As with the elections, the constitution
deBaathification and the repression of Sunnis;               in 2005 is passed at gunpoint by referendum.
while Iraqi citizens cannot prove themselves                 Based on the TAL, it legislates the destruction
citizens because of the absence of registers —               of Iraq as a state and nation. By its central
destroyed in the looting78 — and state                       provisions and blurred jargon it: 1) Cancels the
institutions;   while    the     condition    of             concept of the united republic of Iraq; 2)
participating in politics is acceptance of the               Cancels the concept of citizenship; and 3)
TAL; while those who survey and organise the                 Cancels the concept of Iraq as an Arab-
elections are well known pro-occupation                      Muslim nation.
propagandists; while the political process is                The draft oil law — the major plank in the
under the occupation’s guns; while you loose                 strategy of plunder of the US occupation — if
your food ration or your life if you don’t vote              passed would contribute to the de facto
as you should, how can anyone think that the                 partition of Iraq in shrinking the funding
result is the real expression of Iraqi people?               source of central government, as well as
The elections can be summed in an Iraqi                      opening the way to foreign ownership of Iraqi
proverb: “You choose a rabbit, I give you a                  oil. As set in the illegal constitution, the
rabbit; you choose a gazelle, I give you a                   proposed Oil Law that until now cannot be
rabbit.” The spectacle is organised to institute             passed, has two objectives: 1) To end all
a divided Iraq.                                              public management of the Iraqi oil industry by
Further, elections will be based solely on                   opening it up to private capital; and 2) to pass
sectarian lists, the main lists benefiting from              to confederated regions real decisions on oil,
generous US funding and access to US-                        neglecting the existence and the necessity of a
sponsored media. Fifty per cent of Iraqis will               united Iraq with a central government.
                                                             These two principles are more political
78
   Saad Kiryakos, “Destroying Iraq's Public Records,”        propaganda to ignite local dreams and
July 2003,                                                   conflicts than real law to organise Iraq’s oil
http://globalresearch.ca/articles/KIR307A.html

                                                        31
US Genocide in Iraq


industry. All who are concerned with the oil               and the promotion of sectarian and feudal
industry in Iraq, including international oil              forces that understand only nepotism. With
companies, know it is impossible to direct the             mass deprivation, child begging has risen 450
oil industry but by a central entity, whether it           per cent. Criminality and prostitution have
is public or private, and that these                       burgeoned, as has the drug economy. Extortion
principles are a source of potential unending              and kidnapping is a whole parallel economy.
conflicts between Iraqis.                                  Forced displacement has denied thousands of
The US oil project is to give in the north the             families of their possessions and property. For
presenting producing fields of Kirkuk to the               those unable to flee, the only economy is
Kurds, and in the south the presently                      collaboration, which amounts to genocide of
producing fields to Shias, while obliging the              another kind. Instead of sustaining the
centre — which it names “Sunni” and which                  occupation by joining the Iraqi army or the
has, according to estimations, twice what the              police, millions are choosing poverty and
                                                           dignity.
north and the south have — to render its oil to
foreign     companies.     The     occupation’s            Equally destructive has been the targeting of
propaganda on oil is solely to ignite conflicts            women. Iraq’s women have been central to its
between Iraqis. All know it is unrealisable.               public history for generations. From enjoying
Technically, oil fields do not respect sects and           the freedoms of liberty and progress, enshrined
ethnicities. Legally, the occupation’s laws are            in pre-US invasion protective legislation,
not binding for Iraqis. And politically, all               cancelled by the occupation, Iraqi women have
Iraqis believe that oil is the property of the             been consigned to their homes, hundreds of
nation and its privatisation is plunder and                thousands rendered widows, thousands more
treason.                                                   raped and abused, and millions forced behind
Iraq, prior to when the genocide began in                  the veil by the rise of sectarian Islamist
1990, was a modern Arab state led by its                   fundamentalism, or as a general feeling of
middle class culture. It became nothing less               mourning and a counter-identity to the
than hell for those living in it now. US                   occupation. The violence that has been visited
“creative destruction” has touched all aspects             upon Iraqi women has deeply shocked Iraqi
of society as a whole. Through the                         society. Mass detentions of men have driven
dismantlement of the state, the middle class               many, separated from their husbands, into
has been decimated. The targeted assassination             poverty. Further, rising sectarianism has
of all kinds of professionals has accurately               broken thousands of families with divorce
been described as the imposition of the                    rates soaring, many women left struggling to
“Salvador Option”79 in Iraq. Not only has this             feed themselves or their children.
lead to tens of thousands of murders, driving              The climate of general repression that is the
the middle class that remained, despite the first          outcome of the above touches all Iraqis,
wave of migration during the sanctions period,             individually and collectively, and deeply.
into exile, but in stripping Iraq of its middle            Mental disturbance and psychosis has
class culture it has led to a breakdown of                 proliferated. Constant witness to atrocities and
social values at all levels.                               death, 2007 saw the walling-in of whole
Further, all welfare provision has completely              communities, further isolating neighbourhoods
collapsed, ensured by the disbanding of Iraq’s             and relatives, entailing de facto house arrest
                                                           for millions. The parallel economy of extortion
competent civil service under deBaathification
                                                           and violence has led to massive forced
79
     http://brusselstribunal.org/BritishBombers.htm
                                                           redistributions of wealth; many families forced

                                                      32
                                                                                      US Genocide in Iraq


to give everything they own in ransoms. Tens                on Baghdad and its surrounding towns. It is
of thousands of children have been orphaned.                clear to all military planners, whether from the
In the social sphere, a strategy of annihilation            invading armies or from the disbanded
has been pursued from the beginning. “By                    national army, that the control of Baghdad is
destroying the Iraqi state,” in the words of                essential to the control of the entirety of Iraqi
Hana Al Bayaty, “the occupation has erased                  territory.
any potential intermediary with the Iraqi                   There have been to this day, four attempts to
people and has had to face them directly.”80                pacify Baghdad since 2003. Iraq being a
Not only has it had to; it wanted to and aimed              particularly centralised state, all roads passing
to. After four years of its resistance, however,            across the country and linking it to
the Iraqi people have vindicated Sartre: if the             neighbouring states, lead to or leave from the
US wants to break them, it will have to                     capital. From the very start of the occupation,
exterminate them to the last woman, child and               the confrontation between the resistance and
man.                                                        multinational forces has naturally concentrated
                                                            itself on the control of these axes. The
iii. Resistance to genocide                                 occupation cannot stabilise Iraq without the
Of the few in the West that stood in solidarity             subjugation of Baghdad and its surrounding
with Iraq under sanctions and visited the                   provinces. The Iraqi resistance as it grows
country destroyed by unprecedented force in                 from 2003 onwards will mainly operate in and
the 1991 Gulf War, many describe Iraq’s mode                around the capital in order to disrupt the
of survival under sanctions as a “miracle”.                 supply chain and capacity of movement of
With ingenuity and determination, Iraqis                    occupation forces across the country. The
rebuilt essential civil infrastructure bombed to            success of this resistance strategy will cost the
oblivion and televised on screens worldwide.                United States millions of dollars.
Under unprecedented forces, included                        Because of its arrogance and ignorance and
intended starvation and the debilitation of                 imperial calculations, Fallujah and Ramadi,
primary services, the Iraqi nation did not                  Samarra, Baquba, and Hillah are daily
fragment — indeed, it strengthened.                         criminalised as strongholds of the “Sunni”
Following the ground invasion, Iraqi resistance             insurgency. In fact, they become known to the
began on the second day of the occupation of                entire world simply because they respectively
Baghdad with the killing of an American                     are the first towns on the roads going from
soldier in Al-Adhamiyah. By June 2003, the                  Baghdad to Jordan, Syria, Turkey, Iran and the
resistance is already strong enough to declare a            Arab Gulf. As a result of daily campaigns of
programme of national liberation. What is                   indiscriminate bombings and arrests, civil and
evident now is that this resistance was                     armed resistance in these provinces increases,
prepared in parallel before the invasion as the             thereafter used as the proof of the veracity of
sole way a small people can confront a                      US propaganda.
military superpower.                                        As to Baghdad, it is historically a multi-ethnic
Even before the supposed end of US major                    and multi-cultural city where no ethnic or
combat operations, resistance operations                    sectarian community is the majority. The
targeting occupation forces escalate, centred               provinces creating a ring around the Iraqi
                                                            capital are traditionally and culturally patriotic
80
   Hana Al Bayaty, “Iraq’s Sectarian Myth,” Al-Ahram        and anti-occupation. This is proven by their
Weekly, Issue 747, 16-22 June 2005.                         sympathy and cooperation with resistance
http://weekly.ahram.org.eg/2005/747/re7.htm

                                                       33
US Genocide in Iraq


movements that developed throughout                      and a newly recruited Iraqi army, also based
successive attempts by foreign imperial                  on sectarian quotas, that is to this day reported
powers to occupy Iraq by taking its capital, be          as being unreliable, poorly equipped and
it at the time of the Mongols or the British.            poorly trained. The occupation resorts to two
The arrogance and ignorance of US strategists            different military tactics: 1) Terror and
thought that by awe and corruption they could            targeted assassinations, and 2) A campaign of
destroy Iraqi nationalism and identity. In               urbicides and mass incarceration.
attacking Sunnis they thought that they could            In an attempt to divide the Iraqi population and
win Kurds and Shias. They forgot the factors             criminalise its popular resistance, the
which stand against their theoretical                    occupation conducts numerous “black-ops” —
suppositions: 1) There is no ethnically or               patent US and UK covert attacks on Shia
sectarian pure region in Iraq. An important              populated areas such as markets, mosques, bus
Sunni population in the south and one million            stations, etc. These operations are then
Kurds in Baghdad illustrates this point; 2) A            attributed to the popular resistance in order to
third of Iraqi marriages are inter-communal              criminalise it and divide it from its base of
marriages; 3) Most Iraqi tribes are composed             support across the whole population. All
of Sunnis and Shias together; 4) The large               bombings in mosques and civil gathering
Iraqi middle class is secular; 5) Iraqi identity         places, representative of a long list of acts
has nothing to do with religion, sect or                 aimed to agitate, divide and terrorise the Iraqi
ethnicity; 6) Class interest is more important           population, are denounced and denied by the
for the people than their ideologies; 7) Iraqis          Iraqi armed resistance and never investigated
are all inheritors of the same civilisations, the        by so-called sovereign successive Iraqi
latest being the Arab Muslim civilisation; and           governments.
8) More than 80 per cent of Iraqis are Arabs             Throughout the attempt to conduct illegal
and they are proud of it.                                elections,     feeding     off     propaganda
In 2004, the US began a new phase in its                 criminalising the Baath Party and assimilating
project by attacking Fallujah and Najaf. It was          the Baath with Sunnis, waves of mass
evident then that the occupation was pushing             detentions are followed by the strafing and
all Iraq against its project. Whatever the               levelling of entire cities (including Fallujah
propaganda, Iraqis understood that the US                and Tel Afar, Al-Qaem, Haditha, Ramadi,
wants to subjugate them by force and that                Samarra). Scandals of war crimes, crimes
democracy is a lie. By late 2004, unable to              against humanity, and grave human rights
break the backbone of the growing resistance             abuses continually arise, and collective
movement, and due to the nature of guerrilla             punishment through food deprivation and
warfare being unable to differentiate the                large-scale round-ups of the male population
population from its assailants, the occupation           are common. The targeting of the educated
further targets the population.                          middle class by occupation sponsored militias
We now enter a period of escalating                      and death squads starts to spike by late 2004,
repression, especially affecting the central part        especially in Baghdad, with thousands of
of Iraq and running in parallel with the US              forced disappearances and the beginning of an
militarily-imposed       sectarian     “political        exodus from Iraq that by 2007 would top four
process”. Having disbanded the national army,            million.
the occupation relies primarily upon sectarian           The Iraqi resistance, through its popular
militias with poor local and no national ties,           support, proves its capacity to collect

                                                    34
                                                                                   US Genocide in Iraq


information quicker than the occupying forces            In February 2006, in what seems a desperate
and their generous payouts. One major blow to            attempt to impose civil war, the occupation
the occupation is the attack inside a refectory          and its militias organise the bombing of the
within an American military base near Mosul,             Golden Dome Mosque in Samarra, one of the
killing 19 soldiers and wounding 59 others.81            most sacred shrines for Shia communities
The Iraqi population, harbouring the                     worldwide. In a matter of hours, as expected,
resistance, was by then already a permanent              sectarian militias burn down holy Sunni
target, but this attack widens US suspicion              mosques all over Baghdad and kill scores of
even to collaborators. The feeling of                    civilians in summary executions, all under the
insecurity, even within their fortified barracks,        protection and supervision of occupation force
and extreme tension due to the lack of trust in          air cover. A campaign of ethnic cleansing at
local translators, starts breaking the morale of         the hands of governmental militias is not
the occupying troops.                                    contained and continues to this day.
After massive waves of indiscriminate                    With the failure of the political process due to
repression, the central part of Iraq refuses to          the impossible real life conditions to which
participate to the “elections”, while southern           Iraqis are subjected, and the military, political
Iraq, under British occupation, is called by the         and moral achievements of the Iraqi people
clergy to participate, officially as a means to          represented by the resistance — that is to say
elect a parliament that would call for a                 the legal Iraqi army — the US tries to use the
timetable for withdrawal. Over 50 per cent of            illegal tribunal it created to execute members
the population overall boycotts the elections,           of the legal Iraqi government as an instrument
de-legitimising the “political process”. As the          of propaganda. The fate and the illegal trial of
population stands in solidarity against US               President Saddam Hussein in particular is
plans, the occupation appears increasingly               instrumentalised to revive sectarianism and to
eager to instrumentalise this division of tactics        attempt to divide the different currents of the
and pit Iraqis against each other. From this             resistance among and within themselves.
moment onwards, US forces try to build a                 Although the Iraqi resistance is not borne of a
“new army” by unofficially incorporating                 person, party, sect or religion, the trial, by
sectarian militias into the security apparatus,          refusing Saddam Hussein prisoner of war
none of which have allegiance to the central             status, is aimed to revive the idea that Saddam
government and largely operate outside of its            Hussein equals Baathism that equals Sunnism
control.                                                 that equals Arabism. Its political aim is to
By the start of 2006, attempts to pacify                 prevent the resistance from defending the Iraqi
Baghdad have failed for the third time. Despite          state by presenting them as only defending
indiscriminate    incarceration,     blackmail,          Saddam and the Sunnis. In addition, the trial is
hostage taking, the walling-off of towns, food           used to ignite sectarian divisions, as the chief
deprivation and massive human rights                     prosecutor is known to be Shia and the
violations, the resistance is reportedly                 presiding judge known to be Kurd.
developing more sophisticated weapons and                As with the political process, the biased and
able to conduct up to 1,000 attacks against              flawed theatre of “victor’s justice” announces
occupation forces each month. Its resolve                the nature of the entity the occupation intends
cannot be broken and new recruits volunteer              to establish in place of the Iraqi state. Amid
everyday.
                                                         the US-authored genocide unfolding in
                                                         ferocious force, Saddam Hussein’s alleged
81
     http://counterpunch.org/patrick12222004.html

                                                    35
US Genocide in Iraq


crimes pale in significance. In dignity and               resistance, armed, political and popular. Faced
displaying essential Iraqi patriotism, Saddam             with impending defeat, the US accuses its
Hussein succeeds in convincing Iraqis that he             proxies of its own failure in hope of winning
was not sectarian and remains anti-imperial.              the hearts of Iraqis.
He reflects until his last breath the Iraqi               This marks the entrance of a strategy of
people’s refusal to be subjugated.                        annihilation in the political sphere. No one is
Because of the trial’s failure to achieve its             the American’s friend. Timed revelations
political goals, the hanging, its timing, method          begin to surface about secret government
and perpetrators (an assuredly soon-to-be                 prisons. Constant crisis meetings are held and
public execution overseen by a Shia                       public admonishments of puppet Prime
government), is used by the occupation for the            Minister Maliki are frequent. Meanwhile, the
same ongoing purpose of igniting sectarian                Green Zone is all but empty. Iraqi
divisions and creating a vacuum of leadership             parliamentarians award themselves a two-
in the Baath Party and the Iraqi resistance.              month 2007 summer holiday, several
Contrasted by the final dignity of Iraq’s legal           rumoured to be approaching Western states for
president on the gallows, it is evident to all            asylum — an option the chief judge in the trial
that the occupation has expended all its                  of Saddam Hussein took within days of the
political cards. It is also forced to realise that        president’s summary execution.
the Baath current, personified in the integrity           The strategy of annihilation is paralleled in the
of the president, constitutes the backbone of             military sphere with what in 2007 will be
the resistance to its occupation, and that in             known as “the surge”. On 10 October 2006,
struggle it is experiencing a renaissance.                resistance forces engage the occupation at
In hanging Saddam as a symbol, the US                     Forward Base Camp Falcon, where occupation
intended to create a leadership crisis among              ammunition reserves for the whole of the
and between the old guard and the struggling              Baghdad region are kept. An undisclosed
new young Baathists — a confrontation                     number of occupation forces are killed as the
between their cultures. The aim was to divide             entire camp burns to the ground, lighting up
the movement and reveal potential candidates              the skies of Baghdad. This defeat will cost the
for compromise, as well as signifying clearly             occupation $1 billion. This attack is so well
to the civil resistance that there is no limit to         planned and carried out that it seems
the occupation’s will. The hanging coming on              impossible for the US to hide anymore that it
the Muslim day of forgiveness — Eid Al-Adha               is battling an experienced army.
— is a further intended injury and an insult to           The retaliation will show no mercy. Rejecting
Muslims and Arabs worldwide. These                        the Baker-Hamilton Report recommendations,
calculations failed. The resistance intensified,          and despite the concerns it expresses on the
declaring that in the place of Saddam Hussein             state of the US military, Bush orders an
thousands of Saddams will rise.                           increase in US force levels, redeploying —
Neither the constitution nor the National                 whereas through much of 2006 they had been
Assembly will be able to achieve the core                 garrisoned — US forces back into Iraqi
objective of the United States. Having                    neighbourhoods. Exhausted by the armed
destroyed the Iraqi state, the US’s own                   resistance, US forces resort to walling-in entire
handpicked proxies prove unable to build a                districts of Baghdad — a strategy already
functioning state of any kind. In reality, a              tested in other Iraqi cities. Amid the shooting
parallel state exists, composed of the Iraqi              down of numerous US helicopters by the

                                                     36
                                                                                     US Genocide in Iraq


armed resistance, the US launches bombing                         6. Interpreting genocide in Iraq
campaigns that are as disproportionate and               From the strategic context mapped above, it is
indiscriminate as they are futile. The Iraqi             clear that the United States not only had a
resistance responds by reportedly shooting               desire, but also in the minds of the
down an F-16.                                            neoconservative right has been compelled to
The US is out of options in its “New Iraq”.              pursue a strategy of genocide in Iraq. This
Although it continues manoeuvring politically,           strategy has taken two forms: 1) An overall
reinforcing its destruction of the life of Iraqi         genocide contained in, and following from, the
society, it has only two choices: 1) Accept its          imperative of destroying Iraq as a state and a
defeat and a humiliating exit; or 2)                     nation; 2) Specific genocide pursued through
Exterminate the population. The “surge                   the implementation of this agenda against
strategy”, the walling-in of Baghdad districts82,        definable groups within the nation of Iraq.
the project to impose on 50 localities the same          In the first instance, the combination of 13
constraints imposed on Fallujah (electronic              years of sanctions and the ravages of the
IDs, check points at all points of entry, only           ground occupation have demonstrably
proven residents allowed in), the four million           subjected the Iraqi people as a defined national
exiled, the non-recognition of the resistance            group to conditions of life calculated to bring
amid its continual attacks and military-style            about its physical destruction in whole or in
anti-occupation operations in Baghdad, reveals           part. In reference to sanctions, in the words of
that the occupation, whatever choice it makes,           Marc Bossuyt:
has lost. It was genocide for a purpose, now it
is genocide without purpose. Baghdad can                      The sanctions regime against Iraq has as
never be subjugated.                                          its clear purpose the deliberate infliction
                                                              on the Iraqi people of conditions of life
As for Iraqi resources, in the time of the no-fly             (lack of adequate food, medicines, etc.)
zones it was US that destroyed Iraq’s oil                     calculated to bring about its physical
industry to prevent Iraq from profiting from oil              destruction in whole or in part. It does not
revenues. After the occupation, it is the                     matter that this deliberate physical
Iraqi people who prevent the occupation from                  destruction has as its ostensible objective
using oil revenues to further its project of                  the security of the region. Once clear
national subjugation. The US in its plans                     evidence was available that thousands of
forgot that the central region that it calls                  civilians were dying and that hundreds of
“Sunni” controls all Iraq’s communications,                   thousands would die in the future as the
pipelines and, for historical reasons, the                    Security Council continued the sanctions,
military and technical and scientific cadre.                  the deaths were no longer an unintended
Even if the US were to attempt to enforce its                 side effect — the Security Council was
strategy of annihilation by imposing a                        responsible for all known consequences of
parliament compliant enough to pass the oil                   its actions. The sanctioning bodies cannot
law it wants, in the long term it will fail. Once             be absolved from having the “intent to
the occupation leaves, all of its laws will be                destroy” the Iraqi people.83
revoked, Iraqis reconstructing Iraq as they did
under sanctions: in the name and the benefit of
all Iraqis.
                                                         83
                                                           Marc Bossuyt, “The adverse consequences of
                                                         economic sanctions on the enjoyment of human rights,”
                                                         August 2000, UN Sub-Commission on the Promotion
82
     http://brusselstribunal.org/Wall.htm                and Protection of Human Rights

                                                    37
US Genocide in Iraq


The destruction of the Iraqi state — a                         subordinate state based on ethnicity and
necessary condition of the implementation of                   sectarian identity: a state of parties,
US global, regional and national goals — has                   lineages and religious references rather
been an objective attempt to render “unviable”                 than a state of equal and free citizens. By
the nation of Iraq in the context of a strategy of             dividing the state into three or more weak
partition, Balkanisation, the destruction of                   and conflicting entities according to the
Iraq’s unifying Muslim Arab identity, and the                  virtual lines of blood and sectarianism, the
erasure of the very concept of being “Iraqi”.                  US, in reality, draws a map corresponding
Only by destroying Iraq as a state and nation                  to the occupation’s own interests in oil.
could the United States advance in its bid for                 This programmed division necessitated the
global hegemony and “full spectrum                             abolition of the Iraqi state; the dismantling
dominance.” Only by destroying the unifying                    of its apparatus and institutions and an
Muslim Arab identity of Iraqis could the                       ongoing plan of privatisation of state-
United States hope to control the 6,000-year                   owned industries, buildings, lands and
old geopolitical entity that is Iraq.                          services.84
In thinking about what the state is, we must              DeBaathification is another pretext for the
bear in mind two aspects: 1) The state is the             same ends. Given its centrality in the operation
sum of the entire social, cultural, political and         of the state, destroying the Baath Party — an
economic history of a given people, translated            openly stated objective of the US military
into language, social norms, customs,                     intervention, consciously planned in advance85
identifications, urban formations, patterns of            — necessarily subjected the entire Iraqi
life, and natural social unities that inform and          population to conditions of insecurity and
mould the feeling of citizenship, and that exist          mass deprivation. In reality, deBaathification
independent of concepts as an historical                  is nothing more than collective punishment
reality; 2) The state is the historical guarantor         and a canard used to justify disbanding the
of the propagation and development — the                  army, the police, the education system, and the
very existence — of a given people; it is                 entire administrative cadre.
indivisible and cross-generational, and is a              Further, the systematic destruction of
necessity to existence itself.                            education86, heath care87, and all primary
In reference to post-invasion US policy, in the           services88, demonstrates US refusal that Iraq
words of Abdul Ilah Albayaty:                             — and by example any Arab state —
  Beside controlling and plundering the                   independently develop conditions of national
  natural resources of Iraq, the United                   development and life sustainability. The
  States’ plan consisted in abolishing the                systematic assassination of academics89, health
  concept of citizenship — the basis of any
  modern state. It annulled sovereignty,
                                                          84
  destroyed heritage and memory, and took                    Abdul Ilah Albayaty, “Why the US will lose,” Al-
  over Iraqi wealth in an attempt to divide               Ahram Weekly, Issue 767, 2-9 November 2005.
  the country and destroy its Arab and                    http://weekly.ahram.org.eg/2005/767/op8.htm
                                                          85
  Islamic geopolitical and civilisation-based                The Future Iraq Project advocated deBaathification
                                                          “of all facets of Iraqi life.”
  affiliations. The occupation has tried, and             http://thememoryhole.org/state/future_of_iraq/
  continues to try, to replace Iraq by a                  86
                                                             http://brusselstribunal.org/Academics170407.htm
                                                          87
                                                             http://brusselstribunal.org/Health200307.htm
                                                          88
(E/CN.4/Sub.2/2000/33)                                       http://csmonitor.com/2005/0811/p01s03-woiq.html
                                                          89
http://USgenocide.org/Bossuyt.pdf                            http://brusselstribunal.org/Academics.htm

                                                     38
                                                                                     US Genocide in Iraq


professionals90,    engineers,     journalists91,          In regards to specific genocide, it appears clear
                       92
scientists, and lawyers throughout the period              that: 1) Sunnis in Iraq have been
of US occupation reveals an objective attempt              disproportionately targeted by US military
to liquidate, or forcedly expel, the educated              action and the constitution of a sectarian
Iraqi middle class that possesses the scientific,          environment that criminalises Sunnis and
technical, administrative, civil and military              militates towards their erasure for being Sunni.
skills necessary to guide Iraq on the strategic            This constitutes genocide of a religious group
path of independence, democracy and                        as defined by the Genocide Convention; 2)
development.                                               Members of the Iraqi Baath Party have been
The US project of destroying the Iraqi state               targeted not only for assassination but also
and nation, however, cannot but fail:                      dispossessed of their material means of
                                                           survival. That members of the Iraqi Baath
     The United States established a collision             Party adhere or not adhere to a political
     course confrontation with Iraqi society               programme is irrelevant; their primary identity
     when it liquidated the Iraqi state,                   is their Iraqi citizenship, and they constitute an
     destroying its accomplishments and                    Iraqi national group objectively and by
     erasing its memory. It was oblivious to the           ideology, the loss of which in whole or
     simple truth that society is not just a               substantial part renders the state of Iraq
     political movement that can be conquered,             unviable as an entity, threatening the survival
     or a number of individuals who may be                 of the Iraqi nation; and 3) The targeting of the
     apprehended, bribed or even killed. It is all         Iraqi middle class, as an ethnic group as
     the living people in a given country. Like            enumerated in US Code, has also rendered the
     other live societies, Iraqi society possesses         state of Iraq unviable, threatening the survival
     huge capabilities — a sophisticated                   of the Iraqi nation.
     legacy, ancient civilisations and an
     experienced        patriotic      movement.           In sum, the colonial nature of US policy is
     American strategists, while building their            manifest, suggesting, along the lines set out by
     model for Iraq, missed or disregarded the             Sartre, that intent to commit genocide is
     fact that social movements are based on               inherent to its rationality. Certainly
     solid realities and lived experience, and             “submission” amounts to genocide for the
     cannot just be created on the whim of a               Iraqi people; not only socially and culturally,
     political decision or through insidious               under the yoke of sectarian forces imposed on
     forms of pressure.93                                  Iraq by the US, but also economically, given
                                                           that the overall US strategy is clearly defined
To the extent to which US strategists continue             as seizing Iraqi oil and controlling Iraq as a
to refuse to recognise — or are not forced to              whole as part of a global strategy of
recognise — this reality, the slow genocide of             commanding the resources of the entire
Iraq as a state and nation will continue.                  Middle East and Eurasian area. The plunder
                                                           and expropriation of the primary wealth-
                                                           creating natural resources of a foreign state
90                                                         and nation by definition is an act that denies
   http://wsws.org/articles/2007/may2007/irq2-
                                                           that state and nation its primary conditions of
m21.shtml
91
   http://brusselstribunal.org/JournalistKilled.htm
                                                           development and life.
92
   http://irinnews.org/Report.aspx?ReportId=71864          Further, in the context of popular resistance,
93
   Abdul Ilah Albayaty, “Why the US will lose,” Al-        the “logic” of neo-colonial genocide is present.
Ahram Weekly, Issue 767, 2-9 November 2005.
http://weekly.ahram.org.eg/2005/767/op8.htm
                                                           With the United States choosing a “surge

                                                      39
US Genocide in Iraq


strategy” over a timetable for withdrawal, it                               7. Conclusion
appears that a strategy of annihilation — tested         What has happened in Iraq is more than simple
and devolved into attempts to spark civil war            divide and rule. The biggest lie is that the US
until now — has been embraced in full. The               occupation of Iraq is a blunder. Analysis of the
overall tendency is not only towards the                 strategic logic for destroying Iraq, as well an
continuance of the slow genocide of Iraq as a            understanding of the nature of colonial war
nation, having destroyed the central state and           and how the US occupation has unfolded,
brought about conditions of mass deprivation,            reveals that it is not the occupation that veered
but a possible spike in conscious extermination          from its aims, but rather the Iraqi people who
as the occupation struggles to survive in the            in courage resisted. The longer the situation
face of overwhelming civil resistance.                   persists, the more proven is the fortitude of the
For Sartre two conditions, in such a situation,          Iraqi people.
lead to the only way out — the withdrawal of             The US’s declaration of global permanent war
the colonial power: 1) Domestic unrest within            has revived the strategy of total conquest,
the colonial state, opposing the barbarity of            entailing a reduction of human life as a whole
what is done in the name of “national interest”;         to its bare essence where people no longer
and 2) A realisation on behalf of colonial state         have a history as such but are mere things.
military commanders that the war cannot be               Akin to a domestic state of emergency, the
won, leaving withdrawal as the only option.              global “war on terror” declared and policed by
The second condition appears present. Dissent            the United States presages a generalised
within the US military — and not only at the             suspension of customary global civil rights and
level of ground troops — is growing. Only the            inaugurates an era that militates towards total
arrogance and disregard for life and                     conquest or total destruction. While Iraqis
coexistence that is embodied in the ideologues           have borne the brunt, in reality it is an attack
and officials of the current US administration           on the whole of humanity.
blocks common sense from prevailing. As                  As such, the ongoing US genocide on Iraq is
Sartre stated 40 years ago, the United States is         clearly and demonstrably a threat to
not guilty of having invented genocide; it is            international peace. International law must be
guilty of having “preferred a policy of war and          wrested from its foundation as a means of
aggression aimed at total genocide to a policy           legitimising and humanising war and instead
of peace, the only other alternative, because it         criminalise it unequivocally. Establishing as
would      have     implied     a     necessary          criminal US imperial policies is the first step
reconsideration of [its] principal objectives.”          towards forging the alternative world the bulk
This guilt, indeed, is summed up in the very             of humanity hopes for and believes in.
notion of the “Project for a New American                Genocide is a crime over which all states
Century”.                                                should, and many can, exercise universal
As to the first condition, a mass injection of           jurisdiction.94 That states have fallen silent
energy is needed. It is sad but a fact that              leaves agency to the people of the world.
people grow accustomed to atrocity. But
Sartre’s analysis should be binding, for we
have in mass action a chance to help bring all           94
of this to an end. It is the decisive struggle of           Theodor Meron, “International Criminalization of
                                                         Internal Atrocities”, American Journal of International
our time.                                                Law, Volume 89 (1995), p. 569, Kenneth C Randall,
                                                         “Universal Jurisdiction under International Law”, Texas
                                                         Law Review, Volume 66 (1988), pp. 785, 835-837.

                                                    40
                                                                                US Genocide in Iraq


To end this genocide unfolding in front of us,           Wilful destruction of electricity and water
unity of purpose is necessary across the                   infrastructure
multiple fronts of action for social justice.            Wilful destruction of sanitation
Global civil disobedience need not be                      infrastructure.
conceived along the lines of a single plan.              Widespread forced disappearances
Resistance is always a matter of situation. The          Assassinations of members of the Baath
aim must be coordinated action at local,                   Party as a defined national group
national and international levels, in shifting           Assassinations of doctors as members of a
alliances that gather and displace while                   national group
maintaining pressure on all fronts.                      Assassinations of academics as members
Save the humanity in you by being against this             of a national group
genocide.                                                Assassinations of lawyers as members of a
                                                           national group
Whereas thousands of Iraqis are falling, in              Assassinations of journalists as members
reality, the United States cannot make its                 of a national group
strategy work. In pursuing a policy of                   Killings by US-supported death squads
genocide the United States has committed                 Killings by US-supported sectarian militias
moral suicide. The people of the world can and           Instigation of sectarian strife leading to tit-
must step into the vacuum its moral collapse               for-tat killings
opens. We must remember and claim what                   Widespread use of DU leading to cancer
modern states supposedly concede: that people              and leukaemia
are the sole source of sovereignty, and that             Wilful destruction of the healthcare system
international law is the patrimony of the                  leading to mass preventable deaths
development of human civilisation.
                                                        (b) Causing serious bodily or mental harm to
In defending both, we defend the Iraqi people.          members of the group;
                                                          Widespread use of torture
                 8. Appendix                              1990-2003 sanctions regime
                                                          Use of disproportionate and indiscriminate
According to Article 2 of the Genocide                      force
Convention, the following arguably constitute             Widespread use of DU leading to cancer,
qualifying acts of genocide in Iraq, 1990-2007.             leukaemia, sterility and birth defects
All have been conducted by US forces,                     Wilful dismantling of the state in all its
multinational forces, and/or US-supported                   aspects, individually and severally
death squads, militias or Iraqi security forces           Wilful destruction of electricity and water
under the final military authority of the United            infrastructure
States:                                                   Wilful destruction of sanitation
 (a) Killing members of the group                           infrastructure
   Use of disproportionate and indiscriminate             Wilful destruction of Iraqi heritage
     force                                                Wilful destruction of religious sites
   Disproportionate killings of members of                Wilful destruction of Iraqi civil
     the middle class as a defined national                 infrastructure
     group                                                Disproportionate killings of members of
   Disproportionate killings of Sunnis as a                 the middle class
     religious group                                      Disproportionate killings of Sunnis
                                                          Widespread forced disappearances

                                                   41
US Genocide in Iraq


   Assassinations of members of the Baath                Wilful destruction of Iraqi civil
     Party                                                 infrastructure
   Assassinations of doctors                             Disproportionate killings of members of
   Assassinations of academics                             the middle class
   Assassinations of lawyers                             Disproportionate killings of Sunnis
   Assassinations of journalists                         Widespread forced disappearances
   US support for death squads                           Assassinations of members of the Baath
   US support for sectarian militias                       Party
   Instigation of general terror                         Assassinations of the Iraqi resistance
   Instigation of sectarian strife                       Assassinations of doctors
   Mass arbitrary detention                              Assassinations of academics
   Mass kidnapping                                       Assassinations of lawyers
   Mass extortion                                        Assassinations of journalists
   Mass rape                                             US support for death squads
   Mass corruption                                       US support for sectarian militias
   Mass humiliation                                      Instigation of general terror
   Instigation of a drug culture                         Instigation of sectarian strife
   Instigation of prostitution                           Mass arbitrary detention
   Mass unemployment                                     Mass kidnapping
   Mass impoverishment                                   Mass extortion
   Mass malnourishment                                   Mass torture
   Ghettoisation                                         Mass rape
   Restrictions on movement                              Mass corruption
   Urbicide                                              Mass humiliation
   Historicide                                           Instigation of a drug culture
   Sociocide                                             Instigation of prostitution
   Policide                                              Mass unemployment
(c) Deliberately inflicting on the group                 Mass impoverishment
conditions of life calculated to bring about its         Mass malnourishment
physical destruction in whole or in part;                Ghettoisation
   1990-2003 sanctions regime                            Restrictions on movement
   Use of disproportionate and indiscriminate            Urbicide
     force                                               Historicide
   Widespread use of DU and the                          Sociocide
     contamination of land and water                     Policide
     resources                                          (d) Imposing measures intended to prevent
   Wilful dismantling of the state in all its           births within the group;
     aspects, individually and severally                  Widespread use of DU leading to sterility
   Wilful destruction of electricity and water              and birth defects
     infrastructure                                       Instigation of general terror
   Wilful destruction of sanitation                       Mass arbitrary detention
     infrastructure                                       Mass impoverishment
   Wilful destruction of Iraqi heritage                   Mass malnourishment
   Wilful destruction of religious sites                  Ghettoisation
                                                          Restrictions on movement

                                                   42
                                                        US Genocide in Iraq


   Urbicide
   Sociocide
According to Article 3, the following arguably
constitute qualifying crimes in Iraq:
 (a) Genocide;
   All aspects noted above, individually and
     severally
 (b) Conspiracy to commit genocide;
   US strategic agenda in Iraq, 1990 to the
     present
   Ongoing US strategic adjustments
   All members of Multinational Force-Iraq
     (MNF-I), individually and severally
   The Iraqi government as an arm of the
     occupation
   All members of the United Nations,
     individually and severally, who
     supported sanctions and the 2003
     invasion
 (c) Direct and public incitement to commit
 genocide;
   “Shock and Awe”
   Statements of US neoconservatives
   Statements of US “liberal hawks”
   Right wing and liberal US media alike in
   contributing to the vilification of Iraqis
   Right wing and liberal US media alike in
   contributing to the vilification of the Iraqi
   Baath Party
   Right wing and liberal US media alike in
   contributing to sectarian
   US corporate propaganda
 (d) Attempt to commit genocide;
   All aspects noted above, individually and
     severally
 (e) Complicity in genocide.
   All members of MNF-I, individually and
     severally
   The Iraqi government as an arm of the
     occupation
   All members of the United Nations,
     individually and severally, who failed to
     stop sanctions and the 2003 invasion

                                                   43

				
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