Lynching Saddam – Part 7: the Myth of Human Rights
By Gabriele Zamparini (*)
“We have been trying to train the Iraqis in human rights. We’ve set up conferences for the Iraqis on human rights with all the NGOs. We’ve been trying our very best to get human rights into the Iraqi psyche. We want to help them I think” - Ann Clwyd, UK Prime Minister Blair’s Human Rights Envoy in Iraq, Newsnight, BBC 2, 15 November 2005
Part 1. HUMAN RIGHTS WATCH AND THE INVASION OF IRAQ
These are some excerpts from “War in Iraq: Not a Humanitarian Intervention”, written on January 2004 by executive director of Human Rights Watch Kenneth Roth:
“By contrast, the United States-led coalition forces justified the invasion of Iraq on a variety of grounds, only one of which—a comparatively minor one—was humanitarian. The Security Council did not approve the invasion, and the Iraqi government, its existence on the line, violently opposed it. Moreover, while the African interventions were modest affairs, the Iraq war was massive, involving an extensive bombing campaign and some 150,000 ground troops. (…) Human Rights Watch ordinarily takes no position on whether a state should go to war. The issues involved usually extend beyond our mandate, and a position of neutrality maximizes our ability to press all parties to a conflict to avoid harming noncombatants. The sole exception we make is in extreme situations requiring humanitarian intervention. Because the Iraq war was not mainly about saving the Iraqi people from mass slaughter, and because no such slaughter was then ongoing or imminent, Human Rights Watch at the time took no position for or against the war.” (1) [emphasis added]Besides the HRW’s arguments to justify and when the so-called “humanitarian interventions” (sic!) [in other words when some people would be allowed to kill some people to save some people, if I understand… but maybe I am wrong] it’s interesting to understand HRW’s position regarding the invasion of Iraq:
a) “The Security Council did not approve the invasion”
The meaning of these few words has been highlighted many times already but obviously not enough.
After WWII “THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war… and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights… of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained… AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest…” (2)
On 20 March 2003 the governments of the United States and United Kingdom broke their solemn pledge [as they had also done with 2001 bombing of Afghanistan and the 1999 NATO bombing campaign in the Balkans] with the invasion of the sovereign country of Iraq, “an illegal act that contravened the UN charter” according to UN Secretary General Kofi Annan. (3) The darkness that they brought to the Iraqi people has already slaughtered hundreds of thousands of human lives and contaminated that land with nuclear and chemical wastes for thousands of years to come.
The crime perpetrated by the Bush and Blair’s alliance is “the supreme international crime differing only from other war crimes [Abu Ghraib, Falluja, Haditha, etc.] in that it contains within itself the accumulated evil of the whole." (4)
b) “Human Rights Watch ordinarily takes no position on whether a state should go to war… sole exception… humanitarian intervention… Human Rights Watch at the time took no position for or against the war”
In other words, because after careful consideration HRW excluded that the US-led invasion of Iraq could be a “humanitarian intervention”, Human Rights Watch “at the time took no position for or against” that “supreme international crime differing only from other war crimes [Abu Ghraib, Falluja, Haditha, etc.] in that it contains within itself the accumulated evil of the whole."
Is this the last fashion for a Human Rights Philosophy for the Brave New World of the "War on Terror" and "Pre-Emptive Wars"? It looks like the XXI will be an interesting Century… maybe the last one?
Part 2. HUMAN RIGHTS WATCH AND SADDAM HUSSEIN
The official position of HRW on the invasion of Iraq must be completed with the official position of Human Rights Watch on Saddam Hussein. “One can only rejoice at the capture of Saddam Hussein. Few people are more deserving of trial and punishment. U.S. forces deserve credit for arresting the deposed dictator so that his crimes can be presented and condemned in a court of law, rather than arranging to kill him in combat.” (5) [emphasis added]
Those U.S. forces that – according to HRW’s Kenneth Roth – “deserve credit” are the same US forces that are responsible, according to UN Secretary General Kofi Annan, for “an illegal act that contravened the UN charter”, using Nurember’s words “the supreme international crime differing only from other war crimes [Abu Ghraib, Falluja, Haditha, etc.] in that it contains within itself the accumulated evil of the whole."
Human Rights Watch Kenneth Roth at the end of his December 2003 article writes: “Governments should encourage Washington to allow an internationally led tribunal to try Saddam Hussein and his henchmen. The people of Iraq deserve no less.” (Ibid.)
Human Rights Watch has written extensively about Saddam Hussein’s Trial:
Iraq under the rule of Saddam Hussein witnessed extraordinarily serious human rights crimes. Human Rights Watch has documented genocide, crimes against humanity, and war crimes in its several investigative reports on Iraq over the years. But now that Saddam Hussein has been apprehended, the question has grown more urgent: how will the crimes of the past be prosecuted? Human Rights Watch recommends that a mixed domestic-international tribunal should prosecute Saddam Hussein.and finally on June 27, 2006, HRW states: “The brutal murder of Iraqi lawyer Khamis Al-Obeidi, defense counsel for former Iraqi President Saddam Hussein, underlines the urgent need for the Iraqi High Tribunal in Baghdad to protect defense lawyers, Human Rights Watch said today. Its failure to do so jeopardizes the tribunal’s capacity to conduct fair trials.” Iraq: Court Must Act to Protect Defense Counsel, Iraqi High Tribunal Has Neglected Defense Lawyer Security, HRW, June 27, 2006
Saddam Hussein’s Trial
Bringing Justice for the Human Rights Crimes in Iraq’s Past
HRW, December 2003
***
On December 13, U.S. forces in Iraq captured former Iraqi leader Saddam Hussein. On January 9 the United States officially declared that he was a prisoner-of-war (POW) under the 1949 Geneva Conventions. The decision raises a number of issues under international humanitarian law, also known as the laws of war.
Saddam Hussein as a P.O.W.
Q & A on the Prisoner-of-War Status of Saddam Hussein
HRW, January 22, 2004
***
Does Human Rights Watch want Saddam Hussein to be prosecuted?
Absolutely. And not only Saddam Hussein—other senior members of the Ba’ath Party as well. Human Rights Watch spent many years documenting the crimes of Saddam Hussein’s regime. We have called repeatedly over the years for the perpetrators of the massive crimes in Iraq, including genocide, crimes against humanity, and war crimes, to be prosecuted. These trials are important not only because their success will influence the future shape of justice in Iraq, but also because this may be the only form of justice that the victims of Saddam Hussein’s regime are likely to have. Given the sheer scale of the atrocities, many relatives of victims may never get answers, may never find the remains of their loved ones. This trial could be the only kind of closure they receive.
The Trial of Saddam Hussein: Q-and-A
HRW, November 2004
***
BAGHDAD – To ensure justice for hundreds of thousands of Iraqi victims and their families, the trials of Saddam Hussein and other former Iraqi officials must be fair, Human Rights Watch said today as the trials opened in Baghdad.
Iraq: Saddam Trial Under Scrutiny
HRW, OCTOBER 19, 2005
***
(New York, January 27, 2006) – Government interference with the independence of the judges in the trial of Saddam Hussein and seven co-defendants threatens the fairness of the proceedings, Human Rights Watch said today. The trial is scheduled to resume in Baghdad on Sunday.
Iraq: Saddam Hussein Trial At Risk
Government Undermines Independence of Judges
Interestingly this HRW’s statement does not mention that on 23 June 2006 Leandro Despouy, the United Nations’ Special Rapporteur on the independence of judges and lawyers, had issued a statement that among other things reads:
“The Special Rapporteur wishes to reiterate his support for the establishment of an international tribunal to ensure that the entire spectrum of barbaric crimes committed in Iraq are prosecuted in a comprehensive, independent and impartial manner, in full respect of the right to truth of all victims and of the international community at large”. (6) [emphasis added]I e-mailed HRW on June 27 with the full text of the June 23 UN’s press release “UN rights expert calls for probe into killing of Saddam Hussein’s defence lawyer” and asked if HRW had any comment on this. No reply…
P.S. Just received from Amnesty International:
From: ……. @amnesty.org.uk
Date: Thu, 29 Jun 2006 15:18:25 +0100
To: "The Cat's Dream"
Subject: Re: Question
Dear Gabriele Zamparini
Thank you for your email regarding Amnesty International's comments on the trial of Saddam Hussein.
We do not currently have a most recent statement with reference to the trial, however we are monitoring the trial and any information and updated comments will be available in our library section on our website. I have attached a link for your information: (link)
Here you will find an archive of most reports, news releases and urgent actions published from 1996 to date.
Many Thanks for your interest in our work.
Kind Regards
XXX XXX
Supporter Care Team
Amnesty International UK
Tel: 020 7033 1777
Amnesty International UK
The Human Rights Action Centre
17-25 New Inn Yard
London
EC2A 3EA
From: The Cat's Dream
Date: 27/06/2006 13:51
To: Amnesty International
Subject: Re: Question
Dear Sir/Madam,
I would like to ask if Amnesty has any comment to make on the recent developments in Saddam Hussein’s trial and the following call coming from Leandro Despouy, the UN Special Rapporteur on the independence of judges and lawyers (please, see below).
Thank you.
Kind regards,
Gabriele Zamparini
NOTES:
1) War in Iraq: Not a Humanitarian Intervention, By Ken Roth, Human Rights Watch, January 2004
2) Charter of the United Nations – Preamble
3) “Iraq war illegal, says Annan”, BBC News website, Thursday, 16 September, 2004
4) Judgment of the International Military Tribunal for the Trial of German Major War Criminals, Nuremberg, Germany 1946
5) Try Saddam in an international court, Kenneth Roth, International Herald Tribune, December 15, 2003
6) UN rights expert calls for probe into killing of Saddam Hussein’s defence lawyer, UN News Centre, 23 June 2006
Read also:
- Lynching Saddam
- Lynching Saddam – Part 2: Juan Cole’s informed comment
- Lynching Saddam – Part 3: Stop that "trial" now!
- Lynching Saddam – Part 4: the NYT enjoys that bloody show!
- Lynchng Saddam – Part 5: United Nations and Saddam’s Lawyers’ call
- Lynching Saddam – Part 6: The More You Watch the Less You Know
- Lynching Saddam – Part 8: “just after the court ruling”
(*) Gabriele Zamparini is an independent filmmaker, writer and journalist living in London. He's the producer and director of the documentaries XXI CENTURY and The Peace! DVD and author of American Voices of Dissent (Paradigm Publishers). He can be reached at info@thecatsdream.com - Find out more about him and his work at http://TheCatsDream.com