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Weapons of Mass Destruction (WMD)

Washington File

11 April 2003

U.S. Advocates Iraqi-led War Crimes Prosecution Against Own Citizens

(Prosper testifies before Senate committee on Iraqi war crimes) (1300)
For war crimes committed against Iraqi citizens, the United States
believes Saddam Hussein's regime should be held accountable before an
Iraqi-led process, says Pierre-Richard Prosper, U.S.
ambassador-at-large for war crimes issues.
Forums for accountability could possibly range from tribunals to truth
and reconciliation commissions, Prosper told the Senate Committee on
Governmental Affairs April 10.
"The international community has an obligation to help the Iraqi
people move towards democracy, the rule of law and legitimate judicial
institutions," he said.
Prosper added that the United States would prosecute for war crimes
committed against U.S. personnel and stated that "for the regime's
crimes committed against other countries' nationals, both in the
present and in the past, the governments of those nationals may also
have a sovereign interest in seeking justice."
Following is the text of Prosper's opening statement to the Senate
committee:
(begin text)
Opening Statement by Pierre-Richard Prosper
Ambassador-at-Large for War Crimes Issues
U.S. Department of State
Before the Committee on Governmental Affairs
United States Senate
April 10, 2003
I welcome this opportunity to appear before this committee to discuss
options for accountability in Iraq. This is an issue that is clearly
vital to reconstruction and essential for reconciliation. If there is
to be lasting peace and democracy, there must be a level of justice.
For the past three weeks, we have received disturbing information
indicating that the regime has engaged in a consistent and systematic
pattern of war crimes and atrocities. From the egregious conduct we
have seen, it is clear that Saddam Hussein and his forces have a
complete disregard for the laws of war and for human life. The Iraqi
regime has intentionally removed the line of distinction between
combatants and civilians, often with the specific intent to cause
civilian casualties.
The list of reported atrocities is long. There are reports that the
regime has:
-- Killed civilians by opening mortar and machine gun fire on
civilians who were trying to flee.
-- Repeatedly used human shields, resulting in their deaths.
-- Seized children from their homes and told families that males must
fight for the regime or they will all face execution.
-- Summarily executed military deserters, including former officers.
-- Positioned significant amounts of military weapons near civilian 
buildings, such as hospitals, schools, mosques and historical
landmarks.
-- Used ambulances to transport death squads and other irregular
fighters.
There are also credible reports that Iraqi forces may have executed
coalition soldiers following their surrender or capture and committed
other crimes to which my colleague Mr. W. Hays Parks, a leading expert
on these issues, will speak.
This pattern of war crimes and other atrocities is nothing new. Saddam
Hussein and his regime have ruled with terror and brutality since
taking power in 1979. The regime has institutionalized violence,
torture, rape, murder, and mass extermination. There is an extensive
body of evidence that the Iraqi regime has repeatedly committed
atrocities and serious violations of the laws of war over a
twenty-year period, including:
-- The gassing and killing of between 50,000 and 100,000 Kurds during
the Anfal campaign in 1988.
-- The brutal oppression and torture of Kuwaitis in 1991, displacing
1.5 million people, killing more than 1,000 Kuwaitis, and leaving over
600 persons missing.
-- The brutal suppression of Shi'a Muslim insurgencies in southern
Iraq in 1991, with indiscriminate attacks that killed between 30,000
to 60,000 persons, the draining of the southern marshes, and the
secret execution of thousands.
-- And a series of violations during Iraq's war with Iran.
Senators, the end of brutality is near. We are cataloging and
documenting the reports of war crimes and other atrocities, both past
and present. Our troops have a mission to help secure and preserve
evidence of war crimes and atrocities. It is our hope to find the
leaders responsible for these abuses and ensure justice.
The United States has been a leader in pursuing justice for serious
violations of the laws of war and other atrocities from the trials in
Nuremberg through the International Criminal Tribunals for the Former
Yugoslavia and Rwanda and the Special Court for Sierra Leone.
Iraq will be no different. There must be credible accountability. The
question presented today is what forums are available for
accountability.
-- For crimes committed against U.S. personnel, we, the United States,
will prosecute. My colleague, Mr. Parks, can discuss this matter in
greater detail.
-- For the regime's crimes committed against other countries'
nationals, both in the present and in the past, the governments of
those nationals may also have a sovereign interest in seeking justice.
-- For the regime's crimes committed against Iraqi citizens, we
believe that those responsible should be held accountable before an
Iraqi-led process, possibly ranging from tribunals to truth and
reconciliation commissions. The international community has an
obligation to help the Iraqi people move towards democracy, the rule
of law and legitimate judicial institutions. The United States intends
to help to ensure that a strong and credible process is created.
While at this moment it is difficult to assess the degree of
international involvement needed, from minimal to substantial, from
financial to legal experts and judges, all states, particularly those
from the region, should stand ready to contribute. We have been in
continued contact with the Iraqi Jurists Association, a group of
experienced judges and attorneys who share these views, to devise a
plan. Once the situation in Baghdad is stabilized, we will also work
with the internal Iraqi jurists to identify credible practitioners,
those untainted by the past, who can administer justice impartially.
Together we will find the right formula for accountability.
As I testified before the United States Senate Committee on the
Judiciary in December 2001, "the international practice should be to
support sovereign states seeking justice domestically when it is
feasible and would be credible... International tribunals are not and
should not be the courts of first redress, but of last resort." It is
our policy to encourage and help states to pursue credible justice
rather than abdicating their responsibility or having it taken away.
Because justice and the administration of justice are a cornerstone of
any democracy, pursuing accountability for war crimes while respecting
the rule of law by a sovereign state must be encouraged at all times.
I am aware that there are those who say the Iraqis are not up to the
challenge. I have personally met with groups of Iraqi lawyers. I am
convinced that there are qualified Iraqi jurists both within and
outside of Iraq who are ready and willing to accept the mandate of
justice. They have a thirst for this pursuit that should not be
denied. Our goal is to help create the conditions that will allow them
to make the essential decisions, while at all times providing the
necessary international support and expertise. As President George W.
Bush and Prime Minister Tony Blair said in a joint statement on April
8, "We will create an environment where Iraqis can determine their own
fate democratically and peacefully." Iraqis should lead the efforts to
judge those who have committed the greatest crimes against their
people.
The Iraqis are proud. The last couple of days we have seen the
beginning of a rebirth of a nation. Voices that were once silenced by
an oppressive regime are now beginning to speak. The Iraqi people who
have been crying for justice and reconciliation will now have the hope
of being heard. The seeds of reform will be planted and the rule of
law will emerge. The United States and the international community
have the obligation to support the Iraqi people in their quest to end
impunity in their country.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)



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