
Statement on Closure of  Legal Case for  Iraq in Spain
by    BRussells Tribunal
Law Suit in Spanish Court directed  against George H. W. Bush, William J. Clinton, George W. Bush, Barack H.  Obama, Margaret Thatcher, John Major, Anthony Blair and Gordon Brown
MADRID/CAIRO:  Public inquiries on the decision to wage war on Iraq that are silent  about the crimes committed, the victims involved, and provide for no  sanction, whatever their outcome, are not enough. Illegal acts should  entail consequences: the dead and the harmed deserve justice.
On  6 October 2009, working with and on behalf of Iraqi plaintiffs, we  filed a case before Spanish law against four US presidents and four UK  prime ministers for war crimes, crimes against humanity and genocide in  Iraq. The case presented spanned 19 years, including not only the  wholesale destruction of Iraq witnessed from 2003, but also the  sanctions period during which 1.5 million excess Iraqi deaths were  recorded.
We brought the case to Spain because its laws  of universal jurisdiction are based on principles enshrined in its  constitution. All humanity knows the crimes committed in Iraq by those  we accused, but no jurisdiction is bringing them to justice. We  presented with Iraqi victims a solid case drawing on evidence contained  in over 900 documents and that refer to thousands of individual  incidents from which a pattern of accumulated harm and intent can be  discerned.
When we brought our case, we knew that the  Spanish Senate would soon vote on an amendment earlier passed by the  lower house of parliament to curtail the application of universal  jurisdiction in Spain. We were conscious that this restriction could be  retroactive, and we took account of the content of the proposed  amendment in our case filing. As we imagined, 2009 turned out to be a  sad year for upholding universal human rights and international law in  Spain. One day after we filed, the law was curtailed, and soon  thereafter our case closed. Serious cases of the kind universal  jurisdiction exists to address became more difficult to investigate.
One  more jurisdiction to fall
Despite submitting a 110-page  long referenced accusation (the Introduction of which is appended to  this statement), the Spanish public prosecutor and the judge assigned to  our case determined there was no reason to investigate. Their arguments  were erroneous and could easily have been refuted if we could have  appealed. To do so we needed a professional Spanish lawyer — either in a  paid capacity or as a volunteer who wished to help the Iraqi people in  its struggle for justice. As we had limited means, and for other reasons  mostly concerning internal Spanish affairs, which were not our concern,  we could not secure a lawyer in either capacity to appeal. Our motion  for more time to find a lawyer was rejected.
We continue  to believe that the violent killing of over one million people in Iraq  since 2003 alone, the ongoing US occupation — that carries direct legal  responsibility — and the displacement of up to a fifth of the Iraqi  population from the terror that occupation has entailed and incited  suggests strongly that the claims we put forward ought to be further  investigated.
In reality, our case is a paramount  example of those that authorities in the West — Spain included — fear.  To them, such cases represent the double edge of sustaining the  principle of universal jurisdiction. Western states used universal  jurisdiction in the past to judge Third World countries. When victims in  the global South began using it to judge Israel and US aggression,  Western countries rushed to restrict it. Abandoning universal  jurisdiction by diluting it is now the general tendency.
Call  for wider collective effort to prosecute
We regret that  the Spanish courts refused to investigate our case, but this will not  discourage us. We have a just cause. The crimes are evident.  Those responsible are well known, even if the international juridical  system continues to ignore Iraqi victims. Justice for victims and the  wish of all humanity that war criminals should be punished oblige us to  search for alternative legal possibilities, so that the crimes committed  in Iraq can be investigated and accountability established.
At  present, failed international justice allows US and UK war criminals to  stand above international law. Understanding that this constitutes an  attack — or makes possible future attacks — on the human rights of  everyone, everywhere, we will continue to advocate the use of all  possible avenues, including UN institutions, the International Criminal  Court, and popular tribunals, to highlight and bring before law and  moral and public opinion US and UK crimes in Iraq.
We  are ready to make our experience and expertise available to those who  struggle in the same direction. We look forward to a time when the  countries of the global South, which are generally victims of  aggression, reinforce their juridical systems by implementing the  principle of universal jurisdiction. This will be a great service to  humanity and international law.
 Millions of people in Iraq have been killed,  displaced, terrorised, detained, tortured or impoverished under the  hammer of US and UK military, economic, political, ideological and  cultural attacks. The very fabric and being of the country has been  subject to intentional destruction. This destruction constitutes one of  the gravest international crimes ever committed. All humanity should  unite in refusing that law — by failing to assure justice for Iraqi  victims — enables this destruction to be the opening precedent of the  21st century.
 Ad Hoc Committee For Justice For Iraq
 Press contacts:
 Hana Al Bayaty, Executive Committee, BRussells  Tribunal
+20 10 027 7964 (English and French) hanaalbayaty@gmail.com
 Dr Ian Douglas, Executive Committee, BRussells  Tribunal, coordinator, International Initiative to Prosecute US Genocide  in Iraq
+20 12 167 1660 (English) iandouglas@USgenocide.org
 Serene Assir, Advisory Committee, BRussells Tribunal  (Spanish) justiciaparairak@gmail.com
 Abdul Ilah Albayaty, Executive Committee, BRussells  Tribunal
+20 11 181 0798 (Arabic) albayaty_abdul@hotmail.com
 Dirk Adriaensens, Executive Committee, BRussells  Tribunal
+32 494 68 07 62 (Dutch) dirkadriaensens@gmail.com
 Web:
www.brusselstribunal.org  
www.USgenocide.org 
www.twitter.com/USgenocide  
www.facebook.com/USgenocide  
 This statement:
http://brusselstribunal.org/LegalCaseSpain070210.htm  
  
   INTRODUCTION TO THE LEGAL CASE FILED  BEFORE THE AUDIENCIA NACIONAL ON 6 OCTOBER 2009
 The following is the introduction to a legal case  filed 6 October 2009 before the Audiencia Nacional in Spain against four  US presidents and four UK prime ministers for commissioning, condoning  and/or perpetuating multiple war crimes, crimes against humanity, and  genocide in Iraq. The case was filed under laws of universal  jurisdiction.
 This case, naming George H W Bush, William J Clinton,  George W Bush, Barack H Obama, Margaret Thatcher, John Major, Anthony  Blair and Gordon Brown, was brought by Iraqis and others who stand in  solidarity with the Iraqi people and in defence of their rights and  international law.
 Introduction
 The respondents herein identified in this complaint  have all held or hold high public office in the administrations of the  United States and the United Kingdom, and/or commanding authority in the  respective armed forces of these countries, and whilst in command or in  office actively instigated, authorized, supported, justified, executed  and/or perpetuated:
  1. A 13-year sanctions regime on Iraq known and  proven to have an overwhelmingly destructive impact on Iraqi public  health, especially child mortality
2. The use of disproportionate and  indiscriminate military force, including numerous extra-legal strikes  and bombing campaigns throughout the 1990s, entailing the purposeful  destruction of Iraq’s water and health facilities, and defence  capacities, and the widespread contamination of Iraq’s ecosphere and  life environment by the unjustified and massive use of depleted uranium  munitions
3. The prevention by means of comprehensive sanctions,  and/or military strikes, of the reconstruction of Iraq’s critical civil  infrastructure, including its health, water and sanitation systems, and  the decontamination of Iraq’s ecosphere/life environment, backed by the  threat of Security Council veto where unanimity was not present for such  strikes and/or the continuance of the sanctions regime
4. The  launching of an illegal war of aggression against Iraq based on  deliberate falsification of threat assessment intelligence and  systematic efforts to conceal from the general public in the United  States and the United Kingdom, and other countries, along with parts of  the military command structure of the respective armed forces deployed,  the true aims and objectives of that war
5. Establishing by design an  occupation apparatus that by its incompetence, inexperience, corruption  and/or ideological or sectarian alignment and actions would finalize  the destruction of the Iraqi state and the attempted destruction of  Iraqi national unity and identity, entailing an attack upon Iraqis as a  whole and the intended destruction of the Iraqi national group as such.
 The acts ordered and/or continued and perpetuated by  the respondents identified in this complaint were unlawful in nature,  were known to be and/or ought reasonably to have been known to be  unlawful in nature, and were based on manifest and purposive lies,  manipulations, deliberately misleading presentations of facts, and  baseless assertions and other false justifications. The consistency of  the propaganda effort that supported and contextualized these unlawful  acts was such — and was aimed and known to be so — that it constituted  an international campaign of demonization and dehumanization of Iraqis,  the Iraqi nation, the Iraqi state, Iraq’s civil and military leadership,  Iraq’s civil administrative apparatus, and Iraq in its Arab context. As  such, and through actions taken and summarized below, the respondents:
  1. Deprived the Iraqi people of all or the majority  of their fundamental rights as established and protected by  international human rights law and international humanitarian law,  expressed in the UN Charter and conventions, the Universal Declaration  of Human Rights and the Geneva Conventions, including the right of  defence
2. Structured and implemented policies that continue to  deprive the Iraqi people of their sovereignty and the exercise of their  freedom, human rights, and civil, political, economic, social and  cultural rights, as established and guaranteed by international human  rights law and international humanitarian law, including the UN Charter  and conventions, the Universal Declaration of Human Rights and the  Geneva Conventions
3. Consistently gave political and legal cover to  these acts, even as these acts were known to be and/or ought reasonably  to have been known to be in violation of international law, including  peremptory or jus cogens standards of law
4. Asserted and defended  extra-legal immunity for all those engaged in acts that have attacked  the protected rights of the Iraqi people, and established a pattern of  impunity for those accused of such attacks by failing to adequately  investigate and prosecute specific and general allegations of grave  abuses, and/or to ensure responsibility is assumed throughout the chain  of command that permitted or failed to prohibit such attacks, and/or  dismissed or distorted numerous customary legal standards, including the  laws of war and those that outlaw the preemptive use of force in  international relations
5. Abused and overran international law, the  guarantor of international order, peace and security, which the United  Nations System exists to protect and is deemed to embody, enshrined in  the UN Charter, and upon whose foundation the Universal Declaration of  Human Rights gains positive affect and final meaning.
 Opportunity for redress for Iraqi victims in their  own national jurisdiction is non-existent as Iraq remains occupied, its  sovereign institutions dismantled and non-functioning. Despite numerous  individual petitions submitted to its chief prosecutor, the  International Criminal Court (ICC) has stated that it has no  jurisdiction to hear cases of abuses and violations of human rights  standards and international humanitarian law in Iraq. In light of US and  UK threats to use permanent member veto power in the past, it is not  foreseeable that the Security Council in the future will refer  complaints in Iraq to the ICC, and nor can Iraqis wait for Security  Council reform. Without effective investigation and prosecution of these  abuses and violations, the international community runs the risk of  allowing a precedent of unlawful action of such grave magnitude to be  set without censure, thereby endangering the rights and dignity not only  of Iraqis but also of people the world over. Such a precedent would be  contrary to the UN Charter and the principles upon which the  international order of states is deemed to be founded. The basis for  public acceptance of a state of law is that it protects peace and  defends the wellbeing of the people. Failure to investigate and  effectively prosecute the catalogue of grave abuses and violations  perpetrated by the respondents in Iraq, and against the Iraqi people,  would constitute an ongoing and inherent threat to the basis of the  international order in general and to international peace and security  specifically.
 Alongside those in official positions of authority,  key political advisers, lobbyists, strategists and corporate  representatives have also played a crucial role in the ideological and  political justifications and legitimization sought and falsely proposed  in order to execute the overall policy embraced, inclusive of an  accumulated pattern of attacks, military and otherwise, that has lasted  19 years to date, culminating in the 2003 illegal war of aggression  waged on Iraq and that continues to be executed despite wide and ongoing  condemnation. Though there are nuances of responsibility inherent to  the nature of policy construction and execution, the personal relations  and interconnections between primary and secondary level individuals  involved, and the groups or common circles to which they belong, testify  to a large degree of cohesion present in intent and action among the  respondents identified and those who support and benefit from the  policies they have pursued. At the least, this shared intent is one of  deliberate harm; at worst, it amounts to an objective intent to destroy  for definable, and at times publicly enunciated, strategic, geopolitical  and geo-economic reasons. Furthermore, none of the respondents can  reasonably claim they did not have knowledge of the likely outcome of  their policies, and those they supported, as all had not only  participated in the design and execution of these policies, but they  continued to execute said policies once their effects were widely known  and had been proven to be detrimental to — and destructive of — the  health, sovereignty and rights of the Iraqi people, and further have  defended these policies and in majority continue to do so.
 From the start of the implementation of a  US-instigated and dominantly administered sanctions regime up to the  present day, an approximate total of 2,700,000 Iraqis have died as a  direct result of sanctions followed by the US-UK led war of aggression  on, and occupation of, Iraq beginning in 2003. Among those killed during  the sanctions period were 560,000 children. From 2003 onwards, having  weakened Iraq’s civil and military infrastructure to the degree that its  people were rendered near totally defenceless, Iraq was subject to a  level of aggression of near unprecedented scale and nature in  international history, occurring in parallel with the promotion of a  partition plan for Iraq, the substantial direct funding of sectarian  groups and militias that would play a key role in fragmenting the  country under occupation, both administratively and in terms of national  identity, the cancellation of the former state apparatus and the  dismissal of its personnel entailing the collapse of all public services  and state protection for the Iraqi people, the further destruction of  the health and education systems of Iraq, and the creation of waves of  internal and external displacement totaling nearly 5,000,000 Iraqis, or  one fifth of the Iraqi population. By December 2007, the Iraqi  Anti-Corruption Board reported that there were up to 5,000,000 orphans  in Iraq, while the Iraqi Ministry of Women’s Affairs counts 3,000,000  widows as of 2009.
 Such massive destruction of life, having as context a  19-year period of accumulated attacks, with numerous warnings and  opportunities for remedy and a reversal of policy ignored, cannot be  mere happenstance. Indeed, the paramount charge that must be  investigated, and that plain fact evidence suggests, is that this level  of destruction has been integral to the US and UK’s shared international  policy for Iraq. The destruction in whole or in part of the Iraqi  people as a national group, and depriving this group of all or the  majority of its rights, appears from a reasoned account of the catalogue  of violations, abuses and attacks to which the Iraqi people have been  subject to be the unlawful means pursued purposely by the respondents in  order to redraw by force the strategic and political map of the Arab  region and Iraq’s place within that context, and to capture, appropriate  and plunder, via the cancellation of the sovereignty of the Iraqi  people and the destruction and fragmentation of their identity and unity  as a national group, Iraq’s substantial natural energy resources.  Historically, the Iraqi national group, variegated yet cohesive, was and  continues to be, despite the aggression faced, firmly rooted in its  overwhelming majority in the concept of citizenship of the Iraqi state —  a state founded on public provision of services and a nationally owned  energy industry. The policy that the respondents have sought and  continue to seek to impose, that has entailed privatizing and seizing  ownership of Iraqi citizens’ resources, along with the administrative  and political partition of the former unitary state, is contrary to the  basis of, and cohesion of, the Iraqi people as a national group.
 Until prevented by effective legal investigation and  precautionary action, it is highly likely that the combined US/UK  strategy in Iraq will continue, though its tactics may change. Iraqis in  the majority show no sign of surrendering their right to and belief in  Iraqi citizenship, including sovereign control over Iraq’s natural  resources. Between a belligerent foreign aggressor and a resilient,  resistant people legal action is crucial to end the ongoing and by all  likelihood perpetual slaughter of Iraqis and the destruction of their  national identity and rights. We are before immoral and unlawful acts,  contrary to the basis on which the international order of state  sovereignty and peace and security rests, and that brought about and  continue to pursue the destruction of the Iraqi state and attempted  destruction of the Iraqi nation. Whereas 1,200,000 Iraqis, according to  credible estimates, have lost their lives to violence since 2003 alone,  the Iraqi people continue to lose their lives or at best live under  constant fear of death, mutilation, detention, exile and lack of access  to their rightful resources and freedoms. The sum of these conditions,  the outcome of a pattern of purposeful action whose consequences could  be foreseen, and of which detailed and compelling notice was served,  situated in a context of false justifications, deceptions, and outright  lies, and matched by the unlawful use of force, and disproportionate and  indiscriminate use of force, amounts to substantive violations of the  1948 Convention on the Prevention and Punishment of the Crime of  Genocide.
 As proof of the widespread impact of past and current  US and UK policies, in 2009 the American Friends Service Committee, in  collaboration with the UN High Commissioner for Refugees (UNHCR),  reported that some 80 per cent of Iraqis surveyed in Iraq had witnessed a  shooting, 68 per cent had been interrogated or harassed by militias, 77  per cent had been affected by shelling/rocket attacks, 72 per cent had  witnessed a car bombing, 23 per cent of Iraqis in Baghdad had had a  family member kidnapped, and 75 per cent had had a family member or  someone close to them murdered.
 Military operations in Iraq from 2003 have already  cost for the United States an estimated $800 billion, with long-term  costs estimated at $1.8 trillion. By 2009, the estimated cost for the  United Kingdom, according to figures released by the UK Ministry of  Defence, was £8.4 billion ($13.7 billion). The United States continues  to spend $12 billion on the war per month. There has been a total of  513,000 US soldiers deployed to Iraq since 2003. Some 170,000 were  stationed during the “Surge” campaign of 2007, and 130,000 remain  deployed as of June 2009. In addition to regular armed forces, the US  administration is believed to employ up to 130,000 additional private  security contractors and has refused to release official numbers in this  regard. Security companies have been granted blanket immunity under  Iraqi law. Equally, there is no effective mechanism, or hope, for Iraqis  to hold US and UK forces to account directly.
 The narration of facts that follows is substantiated  with evidence detailed in the Annex. Other facts to be investigated  while reported are not mentioned in the following.
 For further information:
www.brusselstribunal.org 
www.USgenocide.org 
www.twitter.com/USgenocide 
www.facebook.com/USgenocide