1. International humanitarian law
International Humanitarian Law, particularly the Law of Geneva
consisting of the four 1949 Geneva Conventions and the two 1977
Additional Protocols, obliges the belligerents to make a distinction
between persons taking part in the hostilities and the civilian
population. The latter should be spared as much as possible. Therefore,
indiscriminate attacks and use of indiscriminate weapons are prohibited.
International humanitarian law is a body of rules and principles that
seek to mitigate the effects of war. It prohibits attacks which do not
attempt to distinguish between military targets and civilians or
civilian objects (indiscriminate attacks). It also prohibits attacks
which, although aimed at a legitimate military target, have a
disproportionate impact on civilians or
civilian objects.
According to the Statute of the International Criminal Court, "war
crimes" include:
- Intentionally directing attacks against the civilian population as
such or against
individual civilians not taking direct part in hostilities;
- Intentionally launching an attack in the knowledge that such attack
will cause incidental loss of life or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage to the
natural environment which would be clearly excessive in relation to the
concrete and direct overall military advantage anticipated.
There are numerous eyewitness accounts of U.S. and British attacks on
civilians. The cases mentioned here constitute by no means a
comprehensive list of all the civilian casualties reported. They only
want to draw the attention to some incidents that demand further
investigation as, in the words of Amnesty International, U.S. and
British forces "may have breached international humanitarian
law." (Beth Osborne Daponte, M. A. "A Case Study in
Estimating Casualties from War and Its Aftermath: The 1991 Persian Gulf
War" 1993)
2. General estimations
Before the start of the war, researchers estimated that the total
possible deaths on all sides during the conflict and the following three
months could range from 48,000 to over 260,000. Additional deaths from
post war adverse health effects could reach 200,000. The majority of
casualties would be civilians, almost exclusively Iraqis. (MEDACT and
International Physicians for the Prevention of Nuclear War (IPPNW)
"Collateral Damage: The health and environmental costs of war on
Iraq" November 2002)
A leaked United Nations (U.N.) document, "Likely Humanitarian
Scenarios," estimated that 500.000 people would be left injured or
sick and observed that the population of Iraq is exceptionally
vulnerable because more than 12 years of sanctions caused 60 percent of
Iraq's 23 million people to be impoverished and dependent on state
rationing. (Campaign Against Sanctions on Iraq "Confidential UN
Document Predicts Humanitarian Emergency in Event of War on Iraq"
Press Release, 7 January 2003)
A recent pre-war fact-finding mission to Iraq confirmed these
findings and compared the living conditions of the country's population
to those of people living in a giant refugee camp. ("The human
costs of war in Iraq" Center for Economic and Social Rights, 2003)
As of May 6, "Iraqbodycount.net" estimated that between 2.233
and 2.706 civilians have died in the war on Iraq based on published
reports (See end) However, the accuracy of the estimates is limited as
they are mainly based on reports in the Western media. There is reason
to believe that the figures mentioned so far are underestimations. Other
estimates of civilian casualties in the media went as high as 20.000 on
April 20 (The Economist, 5 April 2003)
Doubtlessly, many more have been injured and it is still impossible
to predict how many will die under the military occupation and because
of indirect effects of the war. The real civilian death toll will
probably never be known as the Pentagon has repeatedly stressed that it
does not intend to count civilian casualties. (Bradley Graham and Dan
Morgan "U.S. Has No Plans to Count Civilian Casualties"
Washington Post, 15)
3. Civilian killings according to Amnesty International and others
According to Amnesty International: " The US and UK governments
have repeatedly stated that they have "no quarrel with the Iraqi
people". However, the reality is that prolonged and intense
bombardment in or near residential areas has destroyed homes and
livelihoods, and has maimed and killed civilians, including children.
The following incidents demand investigation. They are by no means a
comprehensive list of all the civilian casualties reported, but serve to
highlight the extent of the suffering and the urgent need to establish
the truth and ensure that such tragedies are not repeated."
Many of the incidents involving civilian casualties cannot be explained
away as "civilians caught in the crossfire" or "human
error." It appears, for example, that civilians have intentionally
been shot at and that it has been standard operating procedure at
American checkpoints to aim indiscriminately at any vehicle or even
pedestrian coming in their direction.
23 March : Five Syrian nationals were killed and a further ten
were hurt when a US missile hit a bus in Rutba, western Iraq, as it was
returning to Syria. A US military spokesman admitted that a US missile
had hit the bus and said that the real target was a bridge. It is
unclear why the bridge was attacked and why it could not have been
attacked at a time when there was less likely to be civilian traffic.
25 March : At least 14 civilians died and another 30 were injured
in Baghdad on March 25 when a shopping area was hit during an air raid.
According to BBC reporter Andrew Gilligan, two missiles hit a busy
shopping area, several hundred meters from any military buildings.
("'Many dead after Baghdad shops hit" BBC News, 26 March 2003)
28 March : At least 55 civilians died when the market in the
Shula district of Baghdad was hit. MATW doctor Geert Van Moorter was at
a nearby hospital a few hours after the incident. He reported: "The
hospital was a scene from hell. Complete chaos. Blood was everywhere.
Patients were shouting and screaming. Doctors heroically trying to save
their patients. In that one small, 200-bed hospital they counted 55
dead, 15 of them children. The pictures I made are too horrifying to
send." He added that the market is located in one of the poorest
neighborhoods of Baghdad and that there are no military targets, not
even big buildings, within several kilometers."
Both the US and UK governments publicly suggested that the explosion was
"probably" caused by an ageing Iraqi anti-aircraft missile.
However, according to the Independent newspaper, the remains of a serial
number of a missile were found at the scene, identifying it as one
manufactured in Texas, the USA, by Raytheon, the world's biggest
producer of "smart armaments", and sold to the US Navy. The
missile is believed to have been either a HARM (High Speed
Anti-Radiation Missile) device, or a Paveway laserguided bomb. Although
the US authorities acknowledged that one of their jets fired at least
one missile in the area that day, an official US source claimed that the
shrapnel could have been planted at the scene by Iraqi officials. (Robert
Fisk "In Baghdad, blood and bandages for the innocent" The
Independent, 30 March 2003; Cahal Milmo "The proof: marketplace
deaths were caused by a US missile" The Independent, 2 April 2003)
However this kind of "explanations" are in accordance with a
study of a document made in 92 by US colonel Henderson. He explained how
the US army should deal with "bad news": 1. trying to restrain
access. 2. Exposing that "different hypothesis should be
presented" and that "investigation would be conducted,
delaying the impact of the "bad news" on the public. Adverse
forces are often accused by US militaries for their own breachs of
international law.
March 30 : Mark Franchetti, a journalist for The Times, reported
about the recent battles for the bridges around Nasiriya. He witnessed
that the American marines were given orders "to shoot at any
vehicle that drove towards American positions." Franchetti
described how during the night "we listened a dozen times as the
machine guns opened fire, cutting through cars and trucks like
paper." The following day he found the wreckage of some 15 vehicles
and counted 12 dead civilians who had been trying to leave Nasiriya
overnight. (Mark Franchetti "US Marines Turn Fire on Civilians at
the Bridge of Death" The Times, 30 March 2003)
31 March : A US Apache helicopter reportedly fired on and
destroyed a pickup
truck in the region of al-Haidariya near al-Hilla. The sole survivor,
Razeq al-Kadhem al-Khafaji, told an AFP journalist how 15 members of his
family were killed in the attack. He said the family was fleeing fierce
fighting in al-Nasiriya, further south, when their truck was blown up.
Sitting among the 15 coffins at the local hospital, he said he had lost
his wife, six children, his father, his mother, his three brothers and
their wives. The circumstances of the attack have not been clarified to
AI's knowledge.
31 March : Soldiers with the US Army's 3rd Infantry Division
killed seven women and children when they opened fire on an unidentified
four-wheel drive vehicle as it approached a US checkpoint near al-Najaf.
According to a Pentagon spokesman, initial reports indicated that
"the soldiers responded in accordance with the rules of engagement
to protect themselves". However, this does not appear to be
consistent with the version reported in the Washington Post, which
indicated that the officer in command at the scene believed at the time
that no warning shots were fired. It asserts that the officer roared at
the platoon leader, "You just [expletive] killed a family because
you didn't fire a warning shot soon enough!"
This version belies the official explanation that the soldiers acted in
accordance with the rules of engagement as apparently no warning shots
were fired. (William Branigin "A Gruesome Scene on Highway 9: 10
Dead After Vehicle Shelled at Checkpoint" Washington Post, 1 April
2003)
1 April : In the morning, Hilla, a small town south of Baghdad,
was hit by air raids. According to eyewitness accounts recorded by MATW
doctors Colette Moulaert and Geert Van Moorter, some 20 to 25 bombs were
dropped on poor, residential neighborhoods. In the next half an hour,
the hospital of Hilla received 150 seriously injured patients. According
to one of the hospital's doctors, Dr. Mahmoud Al-Mukhtar, the wounds
were probably caused by cluster bombs. The use of cluster bombs in Hilla
was also confirmed by the international media.20 The AFP counted at
least 73 civilian deaths in Hilla over several days and their
correspondent reported that at the scene of the bombing dozens of parts
of cluster bombs were peppered over a large area. ("Bombings kill
48 more civilians south of Baghdad" AFP, 2 April 2003)
3 April : Roland Huguenin the spokesperson of the International
Committee of the Red Cross (ICRC) in Baghdad, said they saw
"incredible" levels of civilian casualties south of Baghdad
including "a truckload" of dismembered women and children.
("Red Cross horrified by number of dead civilians" CTV, 3
April 2003)
6 April : Ali Ismaeel Abbas, 12, was asleep when a missile
obliterated his home and most of his family, leaving him orphaned, badly
burned and without arms, according to a Reuters report. The boy's
father, pregnant mother, brother, aunt, three cousins and three other
relatives were killed in night-time missile strikes on their house in
Diala Bridge district east of Baghdad.
6 - 7 April : Laurent Van der Stockt, a Belgian photographer who
followed the advancing Third Marine Battalion, testified in the French
newspaper Le Monde that American snipers were ordered to kill anything
coming in their direction when they were attacking a bridge in the
outskirts of Baghdad on April 6 and 7. "With my own eyes I saw
about fifteen civilians killed in two days," he says, "I've
gone through enough wars to know that it's always dirty, that civilians
are always the first victims. But the way it was happening here, it was
insane." "J'ai vu directement une quinzaine de civils tués en
deux jours. Je connais assez la guerre pour savoir qu'elle est toujours
sale, que les civils sont les premières victimes. Mais comme ça, c'est
absurde."
( Michel Guerrin "J'ai vu des marines américains tuer des
civils" Le Monde, April 13, 2003)
8 April : Arab News war correspondent Essam Al-Ghalib writes
:"This is no longer a war against Saddam and his regime, if it ever
was. It has become a war against the Iraqi people," In Sanawa,
witnesses told him how American troops were firing at suspected Iraqi
positions, some located in residential areas: "One Iraqi soldier
will enter a neighborhood and fire a few shots at the fighter plane, and
they will respond with a barrage of shots killing as many as 50
civilians in the effort to get him." In the city of Hamza, the
Baath Party center was bombed from the air. Twenty-two corpses had
already been been removed. (Essam Al-Ghalib "Mounting Iraqi
civilian casualties. Is it war against the Iraqi people?" Arab
News, 8 April 2003)
9 April : Between 50 to 100 civilians were killed on Highway 8,
outside Baghdad, when American troops countered an ambush by Iraqi
Republican Guards on a highway with a lot of civilian traffic. "I
have got to protect my soldiers," the U.S. commander justified the
firing on civilian cars, "because we don't know if it's a car-load
of explosives or RPGs." (Robert Fisk "We're here to fight
the regime, not civilians, but I had to save my men" The
Independent, 11 April 2003)
10 April : Financial Times journalist Paul Eedle, witnessed that
while they were invading Baghdad, "The marines shot anything that
they considered remotely a threat." He saw U.S. marines open fire
on unarmed men, women and children three times in three hours. They
killed five people and injured five others, including a six-year-old
girl. (Paul Eedle "The marines shot anything they considered a
threat" The Financial Times, 10 April 2003)
10 April : Even in territories that were already under the
control of the U.S. troops, civilians were killed and maimed by
indiscriminate gunfire. On April 10, for example, U.S. Marines admitted
killing two children at a checkpoint near Nasiriya. ("US
marines kill two children in checkpoint error" ABC News, 11 April
2003)
14 April : U.S. Marines admitted shooting dead at least seven
Iraqis in Mosul. The incident happened during protests against a pro-U.S.
speech by the newly installed local governor. ("US admits
killing `at least seven' in Mosul" The Times, 16 April 2003)
28 April : In a similar incident on April 28 in the city of
Fallujah, 13 civilians were killed and 75 injured by U.S. troops who
fired on peaceful demonstrators. ("U.S. soldiers fire on Iraqi
protesters; hospital chief says 13 Iraqis are dead" Associated
Press, 29 April 2003)
http://www.iraqbodycount.net/editorial.htm