CHAPTER 5

CHAPTER 5

 

THE 1991 GULF WAR

 

PRELUDE TO WAR. Middle East oil was originally controlled by France and Britain as a result of the Red Line agreement in 1928. After World War II, the United States emerged as a superpower, and its guiding policy revolved around Middle East oil. Oil should be under the control of the United States, its allies, and its oil corporations, while the intervention of any foreign country should not be tolerated. And Kuwait had oil.

On July 25, just one week prior to the American deployment of troops to Kuwait, the American ambassador, April Glaspie, was summoned to meet Hussein in Baghdad. When Hussein asked her about the America's position on the unsettled Iraq-Kuwait border dispute, she replied that it was an "Arab-to-Arab problem." Glaspie told Hussein that Bush desired friendship with Iraq and hoped that the dispute with Kuwait could be settled peacefully. On the same day Secretary of State James Baker stated, "While we take no position on the border delineation issue raised by Iraq with respect to Kuwait ... Iraqi statements suggest an intention to resolve outstanding disagreements by the use of force, an approach which is contrary to United Nations Charter principles." Three days later Bush himself conveyed the same sentiment in a message to Hussein.

Nearly a year later, in March 1991, Glaspie stated that the Iraqi transcripts of the meeting did not accurately reflect her warning that the United States would not tolerate an Iraqi invasion. Did the State department refuse to publicly release a summary of the July 1990 meeting, since diplomatic confidentiality could not have been a reason after Hussein entered Kuwait? Additionally, did the State Department not bother to deny the validity of Iraq's transcripts of the Hussein-Glaspie meeting when the American ambassador denied that the border dispute was an issue?

Other top level administration leaders also stated that the United States had no interest in the border dispute. These statements were made by White House spokesperson Margaret Tutwider at a press conference; by Undersecretary of State John Kelly; and by Senator Robert Dole when he visited Baghdad on April 12, 1990.

The Arab League was split over the condemnation of Iraq. On August 10, 1990, 12 of the 21 dissented and did not vote against Hussein. Those who did not vote stated that they opposed the presence of the United States in the Middle East and that they supported Hussein's desire to link the Gulf crisis to the Palestinian question. Furthermore, they supported Hussein's grievances and opposed Kuwait's insensitivity. In addition, the majority of Arab League nations opposed the socio-economic disparity between the wealthy and the poor in Kuwaiti society.

In September 1990, Bush invited the Soviet Union to provide land troops as part of multi-national forces in Saudi Arabia. Then in October, the United Nations Security Council passed a resolution providing for a land trade embargo. The vote was 13-0 with Yemen and Cuba abstaining. The United States and Saudis agreed that there would be joint control of a ground invasion of Kuwait and Iraq and that the American military would command the air strikes. With China and Cuba abstaining, the Security Council voted 12-2 to condone a military invasion after January 15, 1991.

However, Bush flip-flopped on the issue of economic sanctions, presumably because he was predetermined to go to war no matter how successful they may have been.

On August 10, Bush stated: "I'd love to see economic sanctioned to be so successful that the (American) forces could be withdrawn."

Five days later he stated: "Sanctions are working."

On September 11 Bush said: "Sanctions will take time to have their full intended effect."

Bush reversed himself on December 3: "There is no guarantee that sanctions will force him out of Kuwait."

The next day he said: "I've not been one who is convinced that sanctions alone will bring him to his senses."

And the following day Bush stated: "Nobody can tell you that sanctions alone will ever be able to get him to withdraw."

Bush not only refused to consider or to even acknowledge Hussein's claims to Kuwait, but he stated that Iraq showed no interest in a negotiated settlement. This was a lie since the total reverse was true. It was Bush who refused to negotiate with Hussein and who demanded an unconditional surrender of Iraq. Bush gave several reasons for the American invasion of Iraq.

Bush contended that human rights in Kuwait and elsewhere in the Middle East had to be insured. Yet, other Arab neighbors were just as guilty. For example, the Saudis stoned to death women on charges of adultery. In Kuwait itself democratic councils were frequently scrapped and dissident officials imprisoned.

Bush maintained that another reason for the American invasion was to uphold the United Nations commitment to defend member states against aggression. Yet both Syria and Israel invaded Lebanon and never returned territory; Turkey took half of Cyprus; Morocco waged war against Western Sahara; and Indonesia annexed East Timor at a cost of nearly a million lives.

After helping Iraq build its war machine, Bush decided to deploy troops to Kuwait in August 1990. Bush gave a wide variety of reasons for sending Americans to Kuwait. He claimed that troops were sent to free American hostages held in Iraq and Iraqi-occupied Kuwait. In addition, Bush stated that America's mission was to liberate Kuwait, but nothing was said about its deplorable human rights record.

Bush also stated that the United States was preventing Iraq from monopolizing "all the world's great oil reserves." Yet it is impossible for any single producer to control the oil market, let alone the 13-member OPEC. Bush also claimed that Iraq was posing a nuclear threat. Yet he denied any responsibility in Iraqgate, failing to mention that the United States helped to build up Hussein's war machine.

In November 1990, Baker stated that intervention would safeguard American jobs at home. Yet this was the first time that the Republican administration showed concerned for the nation's work force, particularly at the expense of massacring thousands of Middle Easterners.

Then Bush over committed himself by making a January 15 ultimatum, preventing any room for negotiating or maneuvering for a peaceful settlement. He lost all bargaining power by making this unilateral demand instead of exploring peace.

At the onset of the war, Bush stated that the goal was to remove Iraqi soldiers and to prevent Hussein from using his air force as well as chemical weapons against rebel forces. Again Bush vacillated on his justification for the war and chose to land American troops in northern Iraq to give support to the Kurds.

Bush continued to deny that oil was the reason for American intervention. Numerous times he stated that troops were deployed because the United States would not tolerate "naked aggressiveness" and that Hussein was "another Hitler." Yet, Bush warned that the world could not allow Hussein to control oil. Bush also spoke of restoring stability to the Middle East. However, he did not mention the fact that Kuwait was a despotic corporate state. Presumably, Bush hoped to restore the Middle East to the pre-1979 Shah era when the United States could control the key nations with its CIA payments and military hardware.

The American military goal was to block an Iraqi invasion of Saudi Arabia. Yet nothing was said about an American invasion of Iraq. Hussein did not have the industrial capacity to launch an offensive because of both Israel and Saudi Arabia's military superiority, as well as Iraq's failure to defeat Iran.

The sanctions against 20 million people of Iraq were justified with the claim that Iraq has weapons of mass destruction. Yet, in 1991, Iraq had not one weapon in its entire arsenal capable of hitting an American aircraft carrier or aircraft. The weapons of mass destruction were one-sided against Iraq. In 1991, the United States fired 57 missiles over 42 days from its bases in Saudi Arabia and Kuwait. The United States flew 110,000 sorties, dropping 88,500 tons of chemical, biological and nuclear, destroying water purification plants, food-processing plants, electric power stations, hospitals, schools, telephone exchanges, bridges and roads in the country along with the entire life-support systems and economic infrastructure.

Bush remained silent on Syria which was Hussein's primary enemy. The Hussein feud over control of the Ba'athist Party and the issue of pan-Arabism continued since Saddam gained power were paramount issues. Syria's Assad built a powerful military machine which was far superior to that of the Iraqis. Finally, neighboring Iran continued to menace Hussein since the termination of their eight year war.

As a result of Bush's decision to go to war, the American government took a loss of over $2 billion in loans, money which Iraq was loaned to purchase American grain. Among the hardest hit were American rice growers who had exported 25 percent of their 1989 harvest to Iraq for $143 million.

Before the invasion Iraq was buying $350 million worth of wheat, corn, barley, and soybeans from American farmers. In addition, Japan took a loss of $5 billion in unpaid Iraqi bills.

BUSH BUYS A COALITION

To gather support for the American invasion, Bush bought the support of several Middle Eastern nations. Egypt sent to troops in exchange for $64 billion in foreign debts which were nullified. Turkey was promised nearly $9 billion in American weapons, support for joining the Common Market and an increase in its quota of textile exports to the United States. China was given a $114.3 million loan from the World Bank. Saudi Arabia had boosted its oil output by six million barrels per day, so they could help finance the war effort. The Saudis earned an additional $43 billion per year as a result of increasing oil production by about one million barrels per month. They were able to increase oil prices from about $20 to $30 per barrel, allowing for this enormous windfall.

Since the early 1980s, the State Department branded Syria a terrorist nation. Nevertheless, the Bush administration chose to ignore its dismal human rights record and the fact that Assad aspired to expand his influence in the Middle East and control the Arab world. In December 1990 Syria had accumulated $2 billion in aid, primarily from Saudi Arabia but also from the United Arab Emirates and Kuwait.

In February 1991, at the height of the Gulf War, Agriculture Secretary Clayton Yeutter approved $650,000 in U.S. aid to Turkey's tobacco monopoly. In return Turkey gave the United States access to an air base from which American planes could be launched against Iraq.

THE TURKEY SHOOT

The Battle of Rumaylah, also known as the Battle of the Junkyard, brought a halt to the Gulf war. American planes bombed 600 Iraqi tanks, armored personnel carriers, artillery guns, and trucks. But it was not much of a battle. Newsweek (May 29, 2000) reported that only one American tank was lost only because it was burned when an Iraqi tank exploded beside it. Just one American soldier was injured.

It was not until nine years later that American conduct in the turkey shoot was seriously questioned. Writing in the New Yorker magazine (May 2000), reporter Seymour Hersh raised serious doubts about General Barry McCaffrey, the commander who ordered this one-sided attack. Later McCaffery became President Clinton's chief adviser on drug policy. Hersh quoted eye-witnesses and senior officers who questioned McCaffrey's judgment for ordering an all-out assault on a retreating Iraqi tank division two days after the war had been halted by an American ceasefire. According to the New Yorker, even if the Iraqis had fired on McCaffrey's 24th Mechanized Division with rocket-propelled grenades, as his front line radioed at the time, McCaffrey's decision to launch the attack was extremely excessive. He ordered a five hour tank, artillery, and helicopter-launched rocket barrage. While Hersh quoted witnesses who claimed that the Iraqis posed no threat, McCaffrey maintained that those witnesses were miles from the action.

In an interview with Newsweek, McCaffrey disputed some of Hersh's facts. Hersh claimed that many of the Iraqi tanks were loaded onto trucks with their barrels aimed to the rear, marking them as non-combatants. McCaffrey, who was exonerated by an Army inquiry, insisted that the Iraqi tanks were advancing in combat formation with guns loaded. The Iraqis never agreed to the ceasefire, so McCaffrey claimed that he was justified in shooting back to protect his troops.

GOD TAKES THE SIDE OF THE UNITED STATES

American Presidents have frequently used religious clichés in their messages to the American people. "God bless you" and "God bless America" are common rhetoric used by Presidents. Bush is no exception.

**On January 16, 1991, Bush said, "May God bless each and every one of them, and the coalition forces at our side in the Gulf, and may He continue to bless our nation, the United States of America." Then on January 27 he stated: "God willing, we will win the war." The next day, Bush referred to God two more times when he said: "Saddam tried to cast this conflict as a religious war, but it is nothing to do with religion per se. It has, on the other hand, everything to do with what religion embodies -- good versus evil, right versus wrong, human dignity and freedom versus tyranny and oppression."

**On the same day Bush stated: "During the darkest days of the Civil War, (one) was asked whether he thought the Lord was on his side. Abraham Lincoln responded: ‘My concern is not whether God is on our side, but where we are on God's side.' Times will soon be on the side of peace, because the world is overwhelmingly on the side of God." Bush declared: "I believe the Lord does hear our prayers," as he prayed with Billy Graham on the eve of the American invasion.

**Bush quoted the Roman Catholic Church's theory, allowing theologians to argue that killing people is pleasing to God, as long as it is done after soul-searching and a few moral "principles" are observed. The "principle is meant as a last resort." For Bush it was a first resort.

**Bush spoke that "war must support a moral cause. In the Gulf our cause could not be more noble." What nation has ever stated that its cause was not moral? Then on February 3, 1991, Bush called for a national day of prayer.

PROSECUTING GEORGE HERBERT BUSH

At the May 11, 1991 hearing in New York, former Attorney General Ramsey Clark outlined the 19-point indictment of the United States government’s conduct in the Gulf War. The members of the International War Crimes Tribunal carefully considered the Initial Complaint of the Commission of Inquiry dated May 6, 1991 against President George H. W. Bush, Vice President J. Danforth Quayle, Secretary of Defense Richard Cheney, General Norman Schwarzkopf Commander of the Allied Forces in the Persian Gulf, and others named in the complaint. They were charged with nineteen separate crimes against peace, war crimes, and crimes against humanity in violation of the Charter of the United Nations, the 1949 Geneva Conventions, the First Protocol Thereof, and other international agreements and customary international law:

For seven hours eyewitnesses who had traveled to Iraq during and following the war presented evidence on the extensive and deliberate destruction of Iraq’s infrastructure. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The Commission of Inquiry for an International War Crimes Tribunal was initiated by Ramsey Clark and the Coalition to Stop United States Intervention in the Middle East. The Commission was established to gather testimony and evidence on an international basis and to present the testimony in a series of public hearings. Evidence gathered at all these hearings is to be presented to an International Tribunal of Judges on February 27, 2, and 29, 1992 in New York -- the one-year anniversary of the war. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The commission reported:

On August 2, 1990, Iraq occupied Kuwait without significant resistance.

On August 3, 1990, without any evidence of a threat to Saudi Arabia, and King Fahd believed Iraq had no intention of invading his country, President Bush vowed to defend Saudi Arabia. He sent Secretary Cheney, General Powell, and General Schwarzkopf almost immediately to Saudi Arabia where on August 6, General Schwarzkopf told King Fahd the United States thought Saddam Hussein could attack Saudi Arabia in as little as 48 hours. The efforts toward an Arab solution of the crisis were destroyed. Iraq never attacked Saudi Arabia and waited over five months while the United States slowly built a force of more than 500,000 soldiers and began the systematic destruction by aircraft and missiles of Iraq and its military, both defenseless against U.S. and coalition technology. In October 1990, General Powell referred to the new military plan developed in 1989. After the war, General Schwarzkopf referred to eighteen months of planning for the campaign.

The United States retained troops in Iraq as of May 1991 and throughout the region and has announced its intention to maintain a permanent military presence. This course of conduct constituted a crime against peace.

President Bush from August 2, 1990, intended and acted to prevent any interference with his plan to destroy Iraq economically and militarily.

1. Without consultation or communication with Congress, Bush ordered 40,000 United States military personnel to advance the United States buildup in Saudi Arabia in the first week of August 1990. He exacted a request from Saudi Arabia for United States military assistance and on August 8, 1990, assured the world his acts were “wholly defensive.” He waited until after the November 1990 elections to announce his earlier order sending more than 200,000 additional military personnel, clearly an assault force, again without advising Congress. As late as January 9, 1991, he insisted he had the constitutional authority to attack Iraq without Congressional approval. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

While concealing his intention, Bush continued the military build up of United States forces unabated from August into January 1991, intending to attack and destroy Iraq. He pressed the military to expedite preparation and to commence the assault before military considerations were optimum. When Air Force Chief of Staff General Michael J. Dugan mentioned plans to destroy the Iraqi civilian economy to the press on September 16, 1990, he was removed from office. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

2. Bush coerced the United Nations Security Council into an unprecedented series of resolutions, finally securing authority for any nation in its absolute discretion by all necessary means to enforce the resolutions. To secure votes the United States paid multi-billion dollar bribes, the Bush administration:

Offered arms for regional wars, threatened and carried out economic retaliation

Bush forgave multi-billion dollar loans (including a $7 billion loan to Egypt for arms)

Offered diplomatic relations despite human rights violations

In other ways corruptly exacted votes, creating the appearance of near universal international approval of United States policies toward Iraq. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

3. Bush consistently rejected and ridiculed Iraq’s efforts to negotiate a peaceful resolution, beginning with Iraq’s August 12, 1990, proposal, largely ignored, and ending with its mid-February 1991 peace offer which he called a “cruel hoax.” For his part, Bush consistently insisted there would be no negotiation, no compromise, no face saving, no reward for aggression. Simultaneously, he accused Saddam Hussein of rejecting diplomatic solutions. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

3. Bush led a sophisticated campaign to demonize Saddam Hussein, calling him a Hitler, repeatedly citing reports - which he knew were false -- of the murder of hundreds of incubator babies, accusing Iraq of using chemical weapons on his own people and on the Iranians knowing United States intelligence believed the reports untrue. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

4. The United States reported it flew 110,000 air sorties against Iraq, dropping 88,000 tons of bombs, nearly seven times the equivalent of the atomic bomb that destroyed Hiroshima. 93 percent of the bombs were free falling bombs, most dropped from higher than 30,000 feet. Of the remaining 7 percent of the bombs with electronically guided systems, more than 25 percent missed their targets, nearly all caused damage primarily beyond any identifiable target. Most of the targets were civilian facilities. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The intention and effort of the bombing of civilian life and facilities was to systematically destroy Iraq’ infrastructure leaving it in a preindustrial condition. Iraq’s civilian population was dependent on industrial capacities. The United States assault left Iraq in a near apocalyptic condition as reported by the first United Nations observers after the war. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

Among the facilities targeted and destroyed were:

electric power generation, relay and transmission;

water treatment, pumping and distribution systems and reservoirs;

telephone and radio exchanges, relay stations, towers and transmission facilities;

food processing, storage and distribution facilities and markets, infant milk formula and beverage plants, animal vaccination facilities and irrigation sites;

railroad transportation facilities, bus depots, bridges, highway overpasses, highways, highway repair stations, trains, buses and other public transportation vehicles, commercial and private vehicles;

oil wells and pumps, pipelines, refineries, oil storage tanks, gasoline filling stations and fuel delivery tank cars and trucks, and kerosene storage tanks;

sewage treatment and disposal systems;

factories engaged in civilian production, e.g., textile and automobile assembly;

historical markers and ancient sites. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

5. As a direct, intentional and foreseeable result of this destruction, tens of thousands of people died from dehydration, dysentery and diseases caused by impure water, inability to obtain effective medical assistance, and debilitation from hunger, shock, cold and stress. More will die until potable water, sanitary living conditions, adequate food supplies, and other necessities are provided. There was a high risk of epidemics of cholera, typhoid, hepatitis and other diseases as well as starvation and malnutrition through the summer of 1991 and food supplies were adequate and essential services. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

6. The United States intentionally bombed and destroyed civilian life, commercial and business districts, schools, hospitals, mosques, churches, shelters, residential areas, historical sites, private vehicles, and civilian government offices. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The destruction of civilian facilities left the entire civilian population without heat, cooking fuel, refrigeration, potable water, telephones, power for radio or TV reception, public transportation, and fuel for private automobiles. It also limited food supplies, closed schools, created massive unemployment, severely limited economic activity and caused hospitals, and medical services to shut down. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

In addition, residential areas of every major city and most towns and villages were targeted and destroyed. Isolated Bedouin camps were attacked by United States aircraft. In addition to deaths and injuries, the aerial assault destroyed 10 - 20,000 homes, apartments and other dwellings. Commercial centers with shops, retail stores, offices, hotels, restaurants, and other public accommodations were targeted and thousands were destroyed. Scores of schools, hospitals, mosques and churches were damaged or destroyed. Thousands of civilian vehicles on highways, roads and parked on streets and in garages were targeted and destroyed. These included public buses, private vans and mini-buses, trucks, tractor trailers, lorries, taxi cabs, and private cars. The purpose of this bombing was to terrorize the entire country, kill people, destroy property, prevent movement, demoralize the people and force the overthrow of the government. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

As a result of the bombing of facilities essential to civilian life, residential and other civilian buildings and areas, at least 125,000 men, women and children were killed. The Red Crescent Society of Jordan estimated 113,000 civilian dead, 60 percent children, the week before the end of the war. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

7. The United States intentionally bombed indiscriminately throughout Iraq. In aerial attacks, including strafing, over cities, towns, the countryside and highways, United States aircraft bombed and strafed indiscriminately. In every city and town bombs fell by chance far from any conceivable target, whether a civilian facility, military installation or military target. In the countryside random attacks were made on travelers, villagers, even Bedouins. The purpose of the attacks was to destroy life, property and terrorize the civilian population. On the highways, civilian vehicles including public buses taxicabs and passenger cars were bombed and strafed at random to frighten civilians from flight, from seeking food or medical care, finding relatives or other uses of highways. T he effect was summary execution and corporal punishment indiscriminately of men, women and children, young and old, rich and poor, all nationalities including the large immigrant populations even Americans, all ethnic groups, including many Kurds and Assyrians, all religions including Shia and Sunni Moslems, Chaldeans and other Christians, and Jews. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

8. The United States intentionally bombed and destroyed Iraqi military personnel, used excessive force, killed soldiers seeking to surrender and in disorganized individual flight, often unarmed and far from any combat zones and randomly and wantonly killed Iraqi soldiers and destroyed materiel after the cease fire.

In the first hours of the aerial and missile bombardment, the United States destroyed most military communications and began the systematic killing of soldiers who were incapable of defense or escape and the destruction of military equipment. Over a period of forty-two days, United States bombing killed tens of thousands of defenseless soldiers, cut off most of their food, water and other supplies, and left them in desperate and helpless disarray.

Without significant risk to its own personnel, the United States led in the killing of at least 100,000 Iraqi soldiers at a cost of 148 United States combat casualties, according to the United States government. When it was determined that the civilian economy and the military were sufficiently destroyed, the United States ground forces moved into Kuwait and Iraq attacking disoriented disorganized, fleeing Iraqi forces wherever they could be found, killing thousands more and destroying any equipment found. The slaughter continued after the cease fire. For example, on March 2, 1991, U.S. 24th Division Forces engaged in a four-hour assault against Iraqis just west of Basra. More than 750 vehicles were destroyed, thousands were killed without United States casualties. A United States commander said, “We really waxed them.” It was called a “Turkey Shoot.” One Apache helicopter crew member yelled “Say hello to Allah” as he launched a laser-guided Hellfire missile. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The intention was not to remove Iraq's presence from Kuwait. It was to destroy Iraq. In the process there was great destruction of property in Kuwait. The disproportion in death and destruction inflicted on a defenseless enemy exceeded 1,000 to one.

General Thomas Kelly commented on February 23, 1991, that by the time the ground war begins “There won’t be many of them left.” General Norman Schwarzkopf placed Iraqi military casualties at over 100,000. The intention was to destroy all military facilities and equipment wherever located and to so decimate the military age male population that Iraq could not raise a substantial force for half a generation. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the Charter of the United Nations, the Hague, the Geneva Conventions, the Nuremberg Charter, and the laws of armed conflict.

9. The United States used prohibited weapons capable of mass destruction and inflicting indiscriminate death and unnecessary suffering against both military and civilian targets.

Among the known illegal weapons and illegal uses of weapons employed by the United States are the following:

fuel air explosives capable of widespread incineration and death;

napalm;

cluster and anti-personnel fragmentation bombs;

"superbombs," 2.5 ton devices, intended for assassination of government leaders. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

Fuel air explosives were used against troops-in-place, civilian areas, oil fields, and fleeing civilians and soldiers on two stretches of highway between Kuwait and Iraq. Included in fuel air weapons used was the BLU-82, a 15,000-pound device capable of incinerating everything within hundreds of yards. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

One seven-mile stretch called the “Highway of Death” was littered with hundreds of vehicles and thousands of dead. All were fleeing to Iraq for their lives. Thousands were civilians of all ages, including Kuwaitis, Iraqis, Palestinians, Jordanians and other nationalities. Another 60-mile stretch of road to the east was strewn with the remnants of tanks, armored cars, trucks, ambulances and thousands of bodies following an attack on convoys on the night of February 25, 1991. The press reported that no survivors are known or likely. One flatbed truck contained nine bodies, their hair and clothes were burned off, skin incinerated by heat so intense it melted the windshield onto the dashboard. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

Napalm was used against civilians, military personnel and to start fires. Oil well fires in both Iraq and Kuwait were intentionally started by United States aircraft dropping napalm and other heat intensive devices.

Cluster and anti-personnel fragmentation bombs were used in Basra and other cities, and towns, against the convoys described above and against military units. The CBU-75 carried 1,800 bomblets called Sadeyes. One type of Sadeyes can explode before hitting the ground, on impact, or be timed to explode at different times after impact. Each bomblet contains 600 razor sharp steel fragments lethal up to 40 feet. The 1,800 bomblets from one CBU-75 can cover an area equal to 157 football fields with deadly shrapnel. “Superbombs” were dropped on hardened shelters, at least two in the last days of the assault, with the intention of assassinating Saddam Hussein. One was misdirected. It was not the first time the Pentagon targeted a head of state. In April 1986, the United States attempted to assassinate Col. Muammar Qaddafi by laser directed bombs in its attack on Tripoli, Libya. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

Illegal weapons killed thousands of civilians and soldiers. The conduct violated the Hague and Geneva Conventions, the Nuremberg Charter, and the laws of armed conflict.

11. The United States intentionally attacked installations in Iraq containing dangerous substances and forces.

Despite the fact that Iraq used no nuclear or chemical weapons and in the face of United Nations resolutions limiting the authorized means of removing Iraqi forces from Kuwait, the United States intentionally bombed alleged nuclear sites, chemical plants, dams, and other dangerous forces. The United States knew such attacks could cause the release of dangerous forces from such installations and consequent severe losses among the civilian population. While some civilians were killed in such attacks, there are no reported cases of consequent severe losses presumably because lethal nuclear materials and dangerous chemical and biological warfare substances were not present at the sites bombed. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The conduct violated Protocol I Additional, Article 56 to the Generva Convention, 1977.

12. Bush ordered United States forces to invade Panama, resulting in the deaths of 1,000 to 4,000 Panamanians and the destruction of thousands of private dwellings, public buildings, and commercial structures.

On December 20, 1989, Bush ordered a military assault on Panama using aircraft, artillery, helicopter gunships and experimenting with new weapons, including the Stealth bomber. The attack was a surprise assault targeting civilian and non-combatant government structures. In the E1 Chorillo district of Panama City alone, hundreds of civilians were killed and between 15,000 and 30,000 made homeless. United States. soldiers buried dead Panamanians in mass graves, often without identification. The head of state, Manuel Noriega, who was systematically demonized by the United States government and press, ultimately surrendered to U.S. forces and was brought to Miami, Florida, on extra-territorial United States criminal charges. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The United States invasion of Panama violated all the international laws Iraq violated when it invaded Kuwait and more. Many more Panamanians were killed by United States forces than Iraq killed Kuwaitis.

Bush violated the Charter of the United Nations, the Hague, and Geneva Conventions. He committed crimes against peace, war crimes, violated the United States Constitution, and criminal statutes in ordering and directing the assault on Panama. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

13. Bush obstructed justice and corrupted United Nations functions as a means of securing power to commit crimes against peace and war crimes.

Bush caused the United Nations to completely bypass chapter VI provisions of its charter for United Nations Pacific Settlement of Disputes. This was done in order to obtain Security Council resolutions authorizing the use of all necessary means, in the absolute discretion of any nation, to fulfill United Nations resolutions directed against Iraq and which were used to destroy Iraq. To obtain Security Council votes, the United States corruptly paid member nations billions of dollars, provided them arms to conduct regional wars, forgave billions in debts, withdrew opposition to a World Bank loan, agreed to diplomatic relations despite human rights violations, and threatened economic and political reprisals. A nation which voted against the United States, Yemen, was immediately punished by the loss of millions of dollars in aid. The United States. paid the United Nations $187 million to reduce the amount of dues it owed to the United Nations to avoid criticism of its coercive activities. The United Nations, created to end the scourge of war, became an instrument of war and condoned war crimes. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the Charter of the United Nations and the United States Constitution and laws of the United States.

15. Bush usurped the Constitutional power of Congress as a means of securing power to commit crimes against peace, war crimes, and other high crimes. Bush intentionally usurped Congressional power, ignored its authority, and failed and refused to consult with the Congress. He deliberately misled, deceived, concealed and made false representations to the Congress to prevent its free deliberation and informed exercise of legislature power. Bush individually ordered a naval blockade against Iraq, itself an act of war. He switched United States forces from a wholly defensive position and capability to an offensive capacity for aggression against Iraq without consultation with and contrary to assurances given to the Congress. He secured legislation approving enforcement of United Nations resolutions vesting absolute discretion in any nation, providing no guidelines and requiring no reporting to the United Nations, knowing he intended to destroy the armed forces and civilian economy of Iraq. Those acts were undertaken to enable him to commit crimes against peace and war crimes. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the United States Constitution and laws of the United States, all committed to engage in the other impeachable offenses set forth in this Complaint.

The United States waged war on the environment. Pollution from the detonation of 88,000 tons of bombs, innumerable missiles, rockets, artillery and small arms with the combustion and fires they caused and by 110,000 air sorties at a rate of nearly two per minute for six weeks has caused enormous injury to life and the ecology. Attacks by United States aircraft caused much if not all of the worst oil spills in the Gulf. Aircraft and helicopters dropping napalm and fuel-air explosives on oil wells, storage tanks and refineries caused oil fires throughout Iraq and many, if not most, of the oil well fires in Iraq and Kuwait. The intentional destruction of municipal water systems, waste material treatment and sewage disposal systems constitutes a direct and continuing assault on life and health throughout Iraq. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the United Nations Charter, the Hague, and Geneva Conventions, the laws of armed conflict, and constituted war crimes and crimes against humanity.

16. Bush encouraged and aided Shiite Muslims and Kurds to rebel against the government of Iraq causing fratricidal violence, emigration, exposure, hunger and sickness and thousands of deaths. After the rebellion failed, the United States invaded and occupied parts of Iraq without authority in order to increase division and hostility within Iraq. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

Without authority from the Congress or the United Nations, Bush continued his imperious military actions after the cease fire. He encouraged and aided rebellion against Iraq, failed to protect the warring parties, encouraged migration of whole populations, placing them in jeopardy from the elements, hunger, and disease. After much suffering and many deaths, President Bush then without authority used United States military forces to distribute aid at and near the Turkish border, ignoring the often greater suffering among refugees in Iran. He then arbitrarily set up bantustan-like settlements for Kurds in Iraq and demanded Iraq pay for United States costs. When Kurds chose to return to their homes in Iraq, he moved United States troops further into northern Iraq against the will of the government and without authority. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the Charter of the United Nations, international law, the United States Constitution, and laws of the United States, and the laws of Iraq.

17. Bush intentionally deprived the Iraqi people of essential medicines, potable water, food, and other necessities. A major component of the assault on Iraq was the systematic deprivation of essential human needs and services. To break the will of the people, destroy their economic capability, reduce their numbers and weaken their health, the United States:

Imposed and enforced embargoes preventing the shipment of needed medicines, water purifiers, infant milk formula, food and other supplies

Individually, without congressional authority, ordered a U.S. naval blockade of Iraq, an act of war, to deprive the Iraqi people of needed supplies

Froze funds of Iraq and forced other nations to do so, depriving Iraq of the ability to purchase needed medicines, food and other supplies

Controlled information about the urgent need for such supplies to prevent sickness, death and threatened epidemic, endangering the whole society

Prevented international organizations, governments and relief agencies from providing needed supplies and obtaining information concerning needs

Failed to assist or meet urgent needs of huge refugee populations including Egyptians, Indians, Pakistanis, Yemenis, Sudanese, Jordanians, Palestinians, Sri Lankans, Filipinos, and interfered with efforts of others to do so

Consistently diverted attention from health and epidemic threats within Iraq caused by the United States even after advertising the plight of Kurdish people on the Turkish border

Deliberately bombed the electrical grids causing the closure of hospitals and laboratories, loss of medicine and essential fluids and blood; and

Deliberately bombed food storage, fertilizer, and seed storage facilities. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

As a result of these acts, thousands of people died, many more suffered illness and permanent injury. As a single illustration, Iraq consumed infant milk formula at a rate of 2,500 tons per month during the first seven months of 1990. From November 1, 1990, to February 7, 1991, Iraq was able to import only 17 tons. Its own productive capacity was destroyed. Many Iraqis believed that President Bush intended that their infants die because he targeted their food supply. The Red Crescent Society of Iraq estimated 3,000 infant deaths as of February 7, 1991, resulting from infant milk formula and infant medication shortages. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the Hague and Geneva Conventions, the Universal Declaration of Human Rights, and crimes against humanity.

18. The United States continued its assault on Iraq after the cease fire, invading and occupying areas at will. The United States had acted with dictatorial authority over Iraq and its external relations since the end of the military conflict. It had shot and killed Iraqi military personnel, destroyed aircraft and materiel at will, occupied vast areas of Iraq in the north and south and consistently threatened use of force against Iraq. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the sovereignty of a nation, exceeds authority in United Nations resolutions, was unauthorized by the United States Constitution, and laws of the United States, and constituted war crimes.

The United States has violated and condoned violations of human rights, civil liberties and the United States Bill of Rights in the United States, in Kuwait, Saudi Arabia, and elsewhere to achieve its purpose of military domination.

Among the many violations committed or condoned by the U.S. government are the following:

Illegal surveillance, arrest, interrogation and harassment of Arab-American, Iraqi-American, and United States resident Arabs

Illegal detention, interrogation and treatment of Iraqi prisoners of war

Aiding and condoning Kuwaiti summary executions, assaults, torture and illegal detention of Palestinians, and other residents in Kuwait after the United States occupation

Unwarranted, discriminatory, and excessive prosecution and punishment of United States military personnel who refused to serve in the Gulf, sought conscientious objector status or protested United States policies.

Persons were killed, assaulted, tortured, illegally detained and prosecuted, harassed, and humiliated as a result of these policies.

The conduct violated the Charter of the United Nations, the Universal Declaration of Human Rights, and the United States Constitution, and laws of the United States. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

19. The United States, having destroyed Iraq’s economic base, demanded reparations which would permanently impoverish Iraq, and threatened its people with famine and epidemic.

Having destroyed lives, property and essential civilian facilities in Iraq which the United States conceded, required $50 billion to replace. This was estimated at $200 billion by Iraq, killed at least 125,000 people by bombing, and many thousands more by sickness and hunger.

Damages, including casualties in Iraq, systematically inflicted by the United States exceeded all damages, casualties, and costs of all other parties to the conflict combined many times over. Reparations under these conditions were an exaction of tribute for the conqueror from a desperately needy country. The United States sought to force Iraq to pay for damage to Kuwait largely caused by the United States and even to pay United States costs for its violations of Iraqi sovereignty in occupying northern Iraq to further manipulate the Kurdish population there. Such reparations were a neocolonial means of expropriating Iraq’s oil, natural resources, and human labor. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

This conduct violated the Charter of the United Nations and the United States Constitution, and laws of the United States.

20. Bush systematically manipulated, controlled, directed, misinformed, and restricted press and media coverage to obtain constant support in the media for his military and political goals. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The Bush administration achieved a five-month-long commercial for militarism and individual weapons systems. The American people were seduced into the celebration of a slaughter by controlled propaganda demonizing Iraq, assuring the world no harm would come to Iraqi civilians, deliberately spreading false stories of atrocities including chemical warfare threats, deaths of incubator babies, and threats to the entire region by a new Hitler. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The press received virtually all its information from or by permission of the Pentagon. Efforts were made to prevent any adverse information or opposition views from being heard. CNN’s limited presence in Baghdad was described as Iraqi propaganda. Independent observers, eyewitnesses’ photos, and video tapes with information about the effects of the United States bombing were excluded from the media. Television network ownership, advertizers, newspaper ownership, elite columnists, and commentators intimidated and instructed reporters and selected interviewees. They formed a near-single voice of praise for United States militarism, often exceeding the Pentagon in bellicosity. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

21. The United States had by force secured a permanent military presence in the Gulf, the control of its oil resources, and geopolitical domination of the Arabian Peninsula and Gulf region.

The United States committed the acts described in this complaint to create a permanent United States military presence in the Persian Gulf, to dominate its oil resources until depleted, and to maintain geopolitical domination over the region. (International War Crimes Tribunal, Commission of Inquiry in New York City on May 11, 1991)

The conduct violated the Charter of the United Nations, international law, and the United States Constitution, and laws of the United States.