World Tribunal on Iraq
Encyclopedia
The World Tribunal on Iraq (WTI) was a people's court consisting of intellectuals, human rights
campaigners and non-governmental organization
s, and was active from 2003-2005. Set up following the 2003 invasion of Iraq
it sprung from the anti-war movement and is modelled on the Russell Tribunal
of the American movement against the Vietnam War
. It counted among its supporters India
n Leftist author Arundhati Roy
and United Nations
Assistant General Secretary Denis Halliday
, though consciously avoids a hierarchical structure. The WTI routinely found that the coalition forces in Iraq
are guilty of war crimes and violations of the Geneva Conventions
. The Tribunal tended to receive less coverage in the United States
and United Kingdom
than in the Middle East
and Europe
, and was frequently described by supporters of the war as a "kangaroo court
". Its members were not popularly elected; it claimed of itself that " legitimacy of the World Tribunal on Iraq is located in the collective conscience of humanity" .
Between 2003-5 a series of hearings took place under the title of the "World Tribunal on Iraq" with the purposes of:
s or crimes against humanity
in its conduct; also mainstream media have reported breaches of the Geneva Conventions
such as at Abu Ghraib
; and the use of depleted uranium
was controversial. According to UN estimates, a further million people died during the trade embargo (imposed by the UN following Iraq's 1990 invasion of Kuwait), due to malnutrition or lack of medical supplies, and from sanctions targeting domestic water systems (History of Iraq
). Many hundreds of thousands of these were children (whose deaths were documented by US military and are available on US military declassified websites). In addition, few commentators believe that under 100-200,000 civilians died as a result of other acts during the 2003 war.
Although other crime
s are investigated, such tribunal
s require a lot of political will and strength to set up and few commentators appear to believe that a formal tribunal such as the Nuremberg Trials
or the International Criminal Tribunal for the Former Yugoslavia
will be established. In addition the US has refused to ratify the International Criminal Court
established for the purpose of investigation international crime. In the light of perceived growing tendencies to ignore international law, this tribunal was formed to investigate the concerns of other groups and onlookers into Iraq.
By approaching the invasion
and occupation of Iraq case from as many angles as possible (international law, geopolitical and economical analysis, WTI participants hope to strengthen their common objective. In this way the hearings had a better chance of converging on valid judgments. The findings were brought together in the final session in Istanbul in June 2005.
In order to be as inclusive as possible, the WTI claims to support and recognize endeavours to resist impunity. The project will endorse and support the efforts to bring national authorities and warmakers to national courts (like the complaints filed in various state courts under the doctrine of Universal Jurisdiction) and to international courts (like the International Criminal Court
in the Hague).
"The invasion and occupation of Iraq was and is illegal. The reasons given by the US and UK governments for the invasion and occupation of Iraq in March 2003 have proven to be false. Much evidence supports the conclusion that a major motive for the war was to control and dominate the Middle East and its vast reserves of oil as a part of the US drive for global hegemony." ..... In pursuit of their agenda of empire, the Bush and Blair governments blatantly ignored the massive opposition to the war expressed by millions of people around the world. They embarked upon one of the most unjust, immoral, and cowardly wars in history.http://www.worldtribunal.org/main/?b=91
Also incorporated into the process are the findings of:
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
campaigners and non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s, and was active from 2003-2005. Set up following the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
it sprung from the anti-war movement and is modelled on the Russell Tribunal
Russell Tribunal
The Russell Tribunal, also known as the International War Crimes Tribunal or Russell-Sartre Tribunal, was a public body organized by British philosopher Bertrand Russell and hosted by French philosopher and playwright Jean-Paul Sartre...
of the American movement against the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. It counted among its supporters India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n Leftist author Arundhati Roy
Arundhati Roy
Arundhati Roy is an Indian novelist. She won the Booker Prize in 1997 for her novel, The God of Small Things, and has also written two screenplays and several collections of essays...
and United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Assistant General Secretary Denis Halliday
Denis Halliday
Denis J. Halliday was the United Nations Humanitarian Coordinator in Iraq from September 1, 1997, until 1998. He is Irish and holds an M.A. in Economics, Geography and Public Administration from Trinity College, Dublin....
, though consciously avoids a hierarchical structure. The WTI routinely found that the coalition forces in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
are guilty of war crimes and violations of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. The Tribunal tended to receive less coverage in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
than in the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
and Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, and was frequently described by supporters of the war as a "kangaroo court
Kangaroo court
A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or...
". Its members were not popularly elected; it claimed of itself that " legitimacy of the World Tribunal on Iraq is located in the collective conscience of humanity" .
Between 2003-5 a series of hearings took place under the title of the "World Tribunal on Iraq" with the purposes of:
- Hearing evidence in respect of any claim that the launch of the war in Iraq was a criminal act.
- Hearing evidence in respect of any alleged international criminal conduct during and as a part of the war in Iraq.
- Investigation of the doctrines espoused in the war (by all sides) and the economic connections which some allege are connected with the decision to wage the war in Iraq.
- To reach a decision based on evidence and expert testimony in respect of these issues and the war in Iraq.
Background to issues
The Iraq War left many people dead or injured, and some sources have identified significant war crimeWar crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s or crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
in its conduct; also mainstream media have reported breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
such as at Abu Ghraib
Abu Ghraib
The city of Abu Ghraib in the Baghdad Governorate of Iraq is located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000. The old road to Jordan passes through Abu Ghraib...
; and the use of depleted uranium
Depleted uranium
Depleted uranium is uranium with a lower content of the fissile isotope U-235 than natural uranium . Uses of DU take advantage of its very high density of 19.1 g/cm3...
was controversial. According to UN estimates, a further million people died during the trade embargo (imposed by the UN following Iraq's 1990 invasion of Kuwait), due to malnutrition or lack of medical supplies, and from sanctions targeting domestic water systems (History of Iraq
History of Iraq
Iraq, known in Classical Antiquity as Mesopotamia, was home to some of the oldest civilizations in the world, with a cultural history of over 10,000 years. hence its common epithet, the Cradle of Civilization. Mesopotamia, as part of the larger Fertile Crescent, was a significant part of the...
). Many hundreds of thousands of these were children (whose deaths were documented by US military and are available on US military declassified websites). In addition, few commentators believe that under 100-200,000 civilians died as a result of other acts during the 2003 war.
Although other crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s are investigated, such tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s require a lot of political will and strength to set up and few commentators appear to believe that a formal tribunal such as the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
or the International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
will be established. In addition the US has refused to ratify the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
established for the purpose of investigation international crime. In the light of perceived growing tendencies to ignore international law, this tribunal was formed to investigate the concerns of other groups and onlookers into Iraq.
Legal basis and structure
Being confronted with the paradox that people supporting or participating in the WTI want to end impunity but do not have the enforcement power to do so, they feel that they have to follow a middle way between mere political protest and academic symposia without any judicial ambition on the one hand, and on the other hand, procedural trials in the formal legal system which have no chance of achieving neutral outcomes. Another way of expressing the paradox is:- That people supporting or participating in the WTI are just citizens and therefore have no right to judge in a strict judicial way, but
- That they have at the same time the duty as citizens to oppose wars of aggression, war crimeWar crimeWar crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, crimes against humanityCrime against humanityCrimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
and other breaches of international law, which should be the starting point and the strength of the WTI.
By approaching the invasion
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
and occupation of Iraq case from as many angles as possible (international law, geopolitical and economical analysis, WTI participants hope to strengthen their common objective. In this way the hearings had a better chance of converging on valid judgments. The findings were brought together in the final session in Istanbul in June 2005.
In order to be as inclusive as possible, the WTI claims to support and recognize endeavours to resist impunity. The project will endorse and support the efforts to bring national authorities and warmakers to national courts (like the complaints filed in various state courts under the doctrine of Universal Jurisdiction) and to international courts (like the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
in the Hague).
Fundamental aims of Tribunal
- To establish the facts about what happened in Iraq and to inform the public.
- To continue and strengthen the mobilisation of the peace movement and the global anti-war protest. Anti-war and peace movements, which carried out the mass movements against the attack on Iraq have in principle adopted the idea of indicting the aggressors and of setting up a campaign to support the Tribunal process.
- The tribunal is to be considered a continuing process. The investigation of what happened in Iraq is of prime importance to restore truth and preserve collective memory against the constant rewriting of history. We are challenging the silence of international institutions and seeking to put them under pressure to fulfil their obligations under international law. In judging the recent past our aim is to prevent illegal wars in the future.
- To formulate recommendations on international law and expand notions of justice and ethical-political awareness. It can contribute to providing alternatives to 'victors' justice' and give a voice to the victims of war.
- To be part of a broader movement to stop the establishment of an imperial world order with a "permanent state of exception", which undergoes constant wars as one of its main tools.
Actions
- London, November 2003 - Inquiry into the alleged commission of war crimes by Coalition Forces during the military campaign and occupation.
- Mumbai, January 2004 - World Court of Women on US War Crimes
- Copenhagen, March 2004 - Public hearing on the legality of war, legality of putting Iraq's public enterprises and resources on sale, legality of keeping over 20,000 people under arrest in camps and prisons in the absence of any legal procedure.
- Brussels, April 14-17, 2004 - the BRussels Tribunal hearings focused on the programs and policies of the Project for the New American CenturyProject for the New American CenturyThe Project for the New American Century was an American think tank based in Washington, D.C. that lasted from 1997 to 2006. It was co-founded as a non-profit educational organization by neoconservatives William Kristol and Robert Kagan...
(PNAC), its role in the war against Iraq, and the role of the war against Iraq as part of the PNAC's program of military domination of the EarthEarthEarth is the third planet from the Sun, and the densest and fifth-largest of the eight planets in the Solar System. It is also the largest of the Solar System's four terrestrial planets...
http://www.brusselstribunal.org/Tribunal.htm - New York, May 2004 - Session on the legality of the war – violation of international law and the UN – violation of the will of the peoples of the world as manifested on February 15, war crimes and crimes under occupation.
- Japan, hearings throughout the year in various cities, two courts in July and December 2004 - International Criminal Tribunal on Iraq (ICTI)
- Germany, series of hearings around Germany starting June 2004 - Focus on violations of international law and complicity of German government—covering sanctions, war and occupation.
- Istanbul, June 2004 - Symposium on crimes committed against cultural heritage.
- New York, August 2004 - Session investigating violations of international law and basic human rights by US President George W. BushGeorge W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and UK Prime Minister Tony BlairTony BlairAnthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
administrations in launching the war against Iraq and instituting the occupation. Findings of other WTI sessions, military families and GI resisters. - Hiroshima, October 2004 - Session on depleted uranium and complicity of Japanese government.
- Lisbon, Fall 2004 - Commission of inquiry to determine the responsibility of the Portuguese State and other entities/individuals in the preparation of the invasion, during the invasion and in the occupation of Iraq; to formulate the accusation of those who perpetrated crimes against the people of Iraq.
- Stockholm, November 2004 - Session examinign the impact of occupation on Iraqi society, including the social, economic and cultural consequences.
- Beirut, December 2004 - Arab Court on Iraq.
- London, February 2004 - A Peoples' Inquiry into the occupation of Iraq by Coalition Forces
- Rome, February 2005 - Session on Media Wrongs against Truth and Humanity: the politics of disinformation.
- Genoa, January 2005 - Session on Media and Disinformation
- Rome, December 2004 - Session on legality of war.
- Istanbul, 20 March 2005 – Culminating session
-
- The Istanbul session served as the culmination of the WTI process, taking into account the entirety of the above tribunal sessions. Based on this also, the session will take the further step of examining and exposing the implications of WTI findings.
- Istanbul session 23-27 JUNE 2005: Declaration of the Jury of Conscience (WTI)
- The Istanbul session served as the culmination of the WTI process, taking into account the entirety of the above tribunal sessions. Based on this also, the session will take the further step of examining and exposing the implications of WTI findings.
"The invasion and occupation of Iraq was and is illegal. The reasons given by the US and UK governments for the invasion and occupation of Iraq in March 2003 have proven to be false. Much evidence supports the conclusion that a major motive for the war was to control and dominate the Middle East and its vast reserves of oil as a part of the US drive for global hegemony." ..... In pursuit of their agenda of empire, the Bush and Blair governments blatantly ignored the massive opposition to the war expressed by millions of people around the world. They embarked upon one of the most unjust, immoral, and cowardly wars in history.http://www.worldtribunal.org/main/?b=91
Also incorporated into the process are the findings of:
- Spanish Tribunal Against the War in Iraq – May 2003
- Decision on juridical issues about the war against Iraq and its occupation by Allied powers (with emphasis on the position of the government of Costa Rica) – Costa Rica September 2003
See also
- GenocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
- Crime against peaceCrime against peaceA crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing"...
(international aggression) - International lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
- Laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
- War Crimes Law (Belgium)War Crimes Law (Belgium)Belgium's War Crimes Law invokes the concept of universal jurisdiction to allow anyone to bring war crime charges in Belgian courts, regardless of where the alleged crimes have taken place....
- List of war crimes
- Rome Statute of the International Criminal CourtRome Statute of the International Criminal CourtThe Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
- Responsibility for the September 11, 2001 attacks
- State terrorismState terrorismState terrorism may refer to acts of terrorism conducted by a state against a foreign state or people. It can also refer to acts of violence by a state against its own people.-Definition:...
- War on TerrorismWar on TerrorismThe War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
- Anti-American sentiment
- The UN Security Council and the Iraq warThe UN Security Council and the Iraq warIn March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US insisted it possessed...
- Protests against the 2003 Iraq war
- Governments' pre-war positions on invasion of Iraq
- The UN Security Council and the Iraq warThe UN Security Council and the Iraq warIn March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US insisted it possessed...
External links
- The original website, http://www.worldtribunal.org, is no longer available. The internet archiveInternet ArchiveThe Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". It offers permanent storage and access to collections of digitized materials, including websites, music, moving images, and nearly 3 million public domain books. The Internet Archive...
preserves a copy of the site as of 2007/04 - Panel indicts US, UK over Iraq, al JazeeraAl JazeeraAl Jazeera is an independent broadcaster owned by the state of Qatar through the Qatar Media Corporation and headquartered in Doha, Qatar...
, 28 June 2005