Voices in the Wilderness
A Campaign to End the Economic Sanctions Against the People of Iraq

Attachment II to VITW Response to "OFAC"

IMPLEMENTING SANCTIONS AGAINST IRAQ INVOLVES THE COMMISSION OF
                                         CRIMES AGAINST HUMANITY

by: Professor Richard Falk

Given our knowledge of the massive civilian suffering that has resulted from more than eight years of sanctions imposed on the people of Iraq, it becomes clear that their continuation amounts to a serious violation of international humanitarian law. And for those responsible for implementing such a policy there is the added element of criminal accountability for complicity in the commission of crimes against humanity. At the Nuremberg Judgment in 1945 it was decided that such crimes, if connected with   underlying war policies, would qualify as crimes against humanity. Here, ever since the cease-fire ended the Gulf War in 1991 there has been knowledge of the high level of civilian death arising from the sanctions.

The fundamental rule of international law with respect to the use of force of any kind is that it be directed at military targets, and that civilian damage is only acceptable to the extent that it is collateral. This rule is incorporated into binding treaties in the form of the Hague Conventions of 1899 and 1907 on warfare and the Geneva Conventions of 1949 on humanitarian responsibilities. The sanctions policy against Iraq was a
direct outgrowth and continuation of the Gulf War, and it has been implemented ever since 1990 in a manner that is mainly directed at the civilian population. It amounts to an indiscriminate weapon that is relied upon over and over again.

The fact that these sanctions have been endorsed and renewed by the United Nations Security Council does not change their status in relation to international law. The Organization and its members are responsible, as is any individual state, for acting in accordance with international law, especially in the setting of uses of force. Indeed, the United Nations, as dedicated to peace and justice by its Charter, should uphold a higher standard than states when it comes to upholding international law.

It is well known that the US Government has been the most ardent supporter of sanctions, rejecting efforts by other countries to end them. These efforts by political leaders subject them to potential criminal responsibility, especially given the well-documented knowledge of the large number of civilian deaths attributable month by month to the sanctions. This responsibility is aggravated by the efforts to penalize
individuals who seek to bring medical supplies and other forms of relief to the people of Iraq. The Treasury Department regulations that implement the sanctions and impose penalties for their violation are null and void due to their flagrant disregard of applicable international law.

American citizens who are aware of these realities have a legal right to ignore the sanctions, and any domestic laws that attempt to punish non-compliance, are themselves "illegal." It was a major finding at Nuremberg that individuals are directly accountable to international law in relation to this fundamental subject-matter, and have under certain circumstances a legal duty to ignore "superior orders" intended to implement policies in violation of international law. In fact, following government orders or laws in such
circumstances is not a good defense against a subsequent prosecution. The situation here is less defined, but the same reasoning applies. To follow US laws and regulations that implement the sanctions against Iraq, given knowledge of their illegality, would itself involve complicity with a policy at odds with international law.

Those individuals who are bringing medical supplies to Iraq in defiance of the sanctions are pursuing a reasonable, nonviolent approach that acknowledges the moral and legal duty of all persons to uphold the fundamental international law protecting the rights of people. It is their witness that contributes to a wider appreciation of the illegality and depravity associated with maintaining the sanctions at this time, and  adds
weight to the demand that the United Nations itself conform to international law, and terminate the
sanctions immediately. It is their tangible assistance to the Iraq victims of sanctions that gives symbolic relief. To uphold international law the sanctions must be ended, and a massive humanitarian effort under UN auspices initiated to overcome the lingering effects as quickly as possible.

[Voices in the Wilderness]

Voices in the Wilderness
A Campaign to End the Economic Sanctions Against the People of Iraq