This article was written by Leela Madhuri of 9th semester of BA.LLB of G.S.K.M Law College affiliated with Adikavi Nannya University, an intern under Legal Vidhiya.
Abstract:
The present article explores the United States’ role in Iraq, explaining infringements of international law and human rights during the conflict. The 2003 war and administration of Iraq are analyzed critically, illustrating breaches of established legal standards and undermining essential human rights values. The essay analyses the historical context of US-Iraq relations, shedding light on the geopolitical factors that motivated the US intervention. The background to the Iraq War, including suspicions of weapons of mass destruction and the larger framework of the Bush administration’s foreign policy ambitions, is essential to the debate over international legality. The human rights issue is the primary concern, pointing out violations committed during the war, such as abuse of Abu Ghraib prison time, unlawful murders, and the forced migration of millions of Iraqis. The paper also examines the United States’ involvement in building Iraq’s post-war government and its consequences for Iraqis’ right to self-determination.
Keywords:
Human Rights, United States, Iraq, War, International Law Violations, Violation of Sovereignty, UN Security Council, Geneva Conventions, Civilian casualties.
Introduction:
The US-led invasion of Iraq has been a source of debate, with some claiming a cover-up. The war in Iraq has been criticized for infringements of human rights and abuse by US soldiers. This essay seeks to improve understanding of the details of the problems at hand. It also emphasizes the critical importance of human rights and the rule of law in international activities. The invasion has been drawn under uncertainty, with many claiming it was conducted on pretenses. Understanding the United States-led invasion of Iraq is critical for resolving ongoing human rights violations and fostering international collaboration.
Historical Context:
Iraq, controlled by Saddam Hussein from 1979 to 2003, has an unstable past marked by authority, breaches of human rights, and internal and external warfare. The Persian Gulf War, coupled with the invasion of Kuwait in 1990, resulted in the Gulf War in early 1991 [1]. As a result, Iraq’s economy and infrastructure have suffered significant damage due to United Nations sanctions imposed since the Gulf War. Many critical things happened before the Iraq invasion. The United States 2003 military invasion of Iraq, commanded by President George W. Bush, attempted to eradicate claimed weapons of mass destruction and to depose Saddam Hussein’s dictatorship [2]. However, the invasion was based on inadequate information and unreliable evidence, raising questions about the legitimacy of the involvement and damaging the US’s reputation in the international community. The outcomes of this involvement have been dangerous, causing division, instability, and a civil war marked by violent battles between various ethnic and religious factions. The US involvement in Iraq had been ruined by many accusations of rights violations committed by the US and Iraqi security personnel. The absence of a clear departure strategy and the inability to construct a stable government in Iraq continued the cycle of bloodshed, enabling extremist organizations such as ISIS to develop a stronghold in the area. The Iraq War continues to be a controversial worldwide politics with grave implications for Iraq and the Middle East territory.
International laws violated during the intervention:
Evaluating the legal framework of the United States intervention in Iraq is vital for identifying the abuses of laws and human rights committed during this unpredictable phase. Numerous international laws were deliberately violated, raising suspicion of the intervention’s validity. A crucial offense was an infringement of the United Nations Charter, a basic treaty that upholds sovereign equality and prohibits foreign intervention in a state’s internal affairs. According to the United Nations Charter, military action is only permitted in defense or when authorized by the UN Security Council [3]. Both requirements, however, were not met in the US invasion of Iraq, putting the military operation against international law. Additionally, the invasion of Iraq violated the Geneva Conventions, which provided crucial safeguards for civilians and troops during battles. The indiscriminate use of violence, assault on civilian infrastructure, and torture of prisoners have violated the core norms of distinction, fairness, and equitable treatment outlined in these international treaties. Another critical factor to examine is the violation of Iraq’s national sovereignty. The action not only harmed the nation’s right to self-determination but also brought beyond an eternity of chaos and instability. This resulted in countless human rights violations and an extensive economic disaster [4]. The right of each country to establish its own political, socioeconomic, and cultural systems was ignored, with terrible consequences for the Iraqi people. As a result, despite its moral and legal arguments, Iraqi involvement is criticized for violating the Geneva Conventions, the Iraqi constitution, and international law.
Violations of human rights during the US intervention in Iraq:
Human rights violations committed during the United States’ participation in Iraq have had long-term consequences for the country and its population. These violations have destroyed trust, raised rivalry, and maintained a cycle of violence and instability. Numerous reports and investigations have uncovered widespread crimes caused by the US military and Iraqi groups during the fight. Arbitrary detentions, torture, extrajudicial murders, and the use of disproportionate force against civilians are examples of human rights breaches. The historic Abu Ghraib prison controversy, in which horrific photographs showed US forces mistreating and demeaning Iraqi inmates, is a perfect example. This incident certainly raised international rage and highlighted fundamental weaknesses in the United States military’s confinement and interrogation processes. Moreover, the US-led coalition’s dependence on airstrikes and artillery bombardments in densely populated areas caused many civilian deaths [5]. The lack of certainty in aiming and inadequate steps to protect the civilian population violated global human law’s rules of distinction and balance. Furthermore, the war weakened Iraq, creating a power vacuum that allowed extremist organizations like ISIS to develop. These groups committed horrific human rights violations, increasing the misery of the Iraqi people. Addressing these violations is critical for achieving justice and responsibility.
Case study:
- Mahmudiya Incident [6]:
Throughout the US military rule, women experienced vulnerability and cruelty, with the Mahmudiya case serving as a prime instance. Steven D. Green and his forces molested a 16-year-old girl, who was later murdered. The event breached Article 27 of the Vienna Convention, which defends women from violence during wartime. According to the Convention, women shall be safeguarded from attacks on their dignity, including rape, forced prostitution, or any other kind of brutal violence. Despite being found guilty, the criminals were not sentenced to the capital punishment. The event emphasizes the importance of women during wartime.
- Abu Ghraib prison controversy [7]:
The Abu Ghraib prison controversy throughout the Iraq War revealed American participation in prison exploitation and mental abuse. The scandal centered on images and accounts of US military personnel participating in physical and psychological abuse, sexual humiliation, and torture of convicts at the jail. The acts of a few people caused widespread criticism and degraded the US’s reputation on a global scale. The incident resulted in several inquiries, court-martials, and the confinement of several people engaged. It also triggered debate over the ethics of questioning, detention practices, and the necessity for increased monitoring and responsibility in US warfare.
- Saleh v. Titan Corp. [8]
The United States Court of Hearings denied a challenge by Iraqi nationals against Titan Corporation and CACI Globally, saying that they comply with the lower house’s jurisdiction and sovereign immunity claims. The US Supreme Court concluded that Titan is an administrative entity with unlimited immunity, upholding Titan’s judgment and overturning CACI’s.
Impact of the intervention on civilian victims and infrastructure destruction:
The US presence in Iraq has caused a significant impact on death rates and infrastructural loss. The intervention’s military efforts produced an extensive loss of innocent lives and a massive destruction of critical facilities. The action has resulted in terrible civilian deaths. The indiscriminate use of force, airstrikes, and ground operations have killed numerous innocent men, women, and children. Families have been torn and separated, regions have been destroyed, and lives have been wrecked. The cost to the population might be inaccurate since they have endured most of the intervention’s brutality and chaos [9]. The Iraqi people have suffered greatly as a result of the intervention’s damage to infrastructure. Medical centers, educational institutions, and water purification plants were damaged or destroyed, causing the availability of vital services to be affected. This prevented the country’s rehabilitation and reconstruction efforts, worsening the vulnerable misery. The consequences of the battle on civilian casualties and infrastructure destruction raised worries regarding violations of international humanitarian law, which forbids targeting people and destroying civilian infrastructure on purpose. The Iraqi commitment has caused severe human costs, and those responsible for breaking the law and abusing human rights must be held accountable. The Iraqi people’s views must be heard, and knowing the entire scope of the intervention is critical for achieving justice, reconciliation, and a peaceful future for Iraq.
Controversial practices like torture and abuse in detention centers:
There were numerous concerns regarding the mistreatment of the prisoners in detention centers, notably at Abu Ghraib. Investigations and testimonials indicate inhumane practices, such as brutality and harassment, that infringed on international law and human rights. One of the most notable examples included the torture and maltreatment of captives at Abu Ghraib jail. The publication of disturbing images of captives’ degradation and alienation provoked widespread uproar, hurting the US military’s image and raising issues about justice [10]. Human rights breaches are affecting peace and increasing terrorism in post-conflict nations. Such actions damage the US’s reputation as a human rights supporter, promoting distrust and wrath. Promoting ethical behavior is crucial in restoring the damage, preventing future conflicts, and fostering honesty and accountability within these communities. Ultimately, the US invasion of Iraq, witnessed by torture and abuse in detention centers, has highlighted the importance of improved efforts to preserve human rights and dignity on battlefields.
Evaluating the long-term consequences of the interference in Iraq and the region:
The challenging Iraqi involvement led to the full effects of the US intervention, which resulted in the country’s instability and a rise in religious war. The fall of the Iraqi government generated a lack of power, triggering a growth of brutality and the flight of countless Iraqis. The invasion caused religious conflicts in the region, turning Iraq into a battlefield for alternative battles. The US involvement in Iraq has significant consequences, including human rights abuses and economic suffering. The absence of safety and stability has produced an environment vulnerable to power abuse, resulting in increasing misconduct of human rights. Economic failures and bribery in restoring attempts caused the political crisis even more. Understanding the impact on Iraq and the region is critical for evaluating military effectiveness and consequences for international law and human rights. The intervention in Iraq has caused an enormous socioeconomic disaster involving thousands of Iraqis and Syrians driven and seeking shelter in neighboring countries. It became a burden on materials, undermined neighboring nations, and increased the region’s continued instability. The consequences include continued violence, the emergence of extremist groups, disasters, and weakened international relations.
Demands for responsibility and justice for the offenses committed:
The intervention by the United States in Iraq has resulted in numerous violations, including war crimes, human rights abuses, and breaches of international laws. The impact on the Iraqi population, both physically and psychologically, should not be underestimated. It is essential to ensure accountability and justice for those responsible. Further offenses are harmed because culprits go unpunished, forcing victims and relatives to endure misery. The international community and human rights organizations have called for fair inquiries of the US engagement in Iraq and have urged nations to bring those guilty to account. These initiatives, such as special tribunals or accusations to the International Criminal Court, are essential for a fair process. They acknowledge victim suffering, make compensation, and work towards peace, avoiding future abuses and establishing a more just society.
The significance of protecting international law and human rights in future interventions:
The United States’ participation in Iraq has underlined the significance of maintaining international law and human rights in future interventions. The invasion and occupation sparked legal and ethical questions, influencing local and worldwide ideas of justice. It was carried out without specific UN Security Council authorization, weakening the US’s reputation as a supporter of international law. Torture, extrajudicial murders, and detainee mistreatment occurred during the occupation, ruining the image of the intervening forces and maintaining a circle of violence and human misery. Future actions must focus on human rights protection, safeguarding dignity, equality, and justice. Principles from the US involvement must be used to guide future measures to avoid similar abuses of international law and human rights. Recognizing the United States’ failures in Iraq can lead to more reasonable and legitimate operations in the future. Promoting international law and human rights is critical for protecting the freedoms of modified individuals and raising the legality of such measures. This dedication to justice and human rights can help to avoid future atrocities and foster a more peaceful world.
Conclusion:
The world is exposing the actions of global powers, such as the US, during a controversial period in Iraq. This exposure reveals violations of laws and human rights, emphasizing the need for accountability and justice. By preventing similar infringements in the future, promoting peace, and safeguarding human rights worldwide, we can strive towards a world where interventions are transparent, adhere to international law, and prioritize the well-being of all involved. The United States’ participation in Iraq, notably the 2003 invasion, has aroused serious concerns about potential breaches of international law and human rights. The invasion’s lack of evidence supporting the presence of weapons of mass destruction undermined its legal justification and damaged the credibility of the United States. The consequences of this action have been instability, sectarian violence, and numerous human rights abuses, resulting in the displacement of millions of civilians and a significant loss of lives. This underscores the need for a balanced approach that prioritizes diplomacy, respect for human rights, and adherence to the rule of law.
References:
- Iraq War
- 2003 – 2011The Iraq War
- Assessing the Legality of Invading Iraq
- The Iraq Invasion of 2003: Law and Order or an Illegal Affair?
http://arno.uvt.nl/show.cgi?fid=130470
- Iraq: 20 years since the US-led coalition invaded Iraq, impunity reigns supreme
- The Reconstruction of Iraq after 2003
- Costs Of War
- Abu Ghraib: The legacy of torture in the war on terror
- Iraq Prison Abuse Scandal Fast Facts
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