Supplementary memorandum
submitted by Christian Aid
Addendum 10 January 2005
(Note - this should be read as an addendum
to Christian Aid's submission of 5 October 2004, and is similarly
available for publication)
Three months after Christian Aid's original
submission to the Committee, we note that the security situation
continues to deteriorate. While we are anxious to see democratic
elections take place, we believe that to be successful, elections
must be both inclusive and held under conditions that allow all
voters to participate securely. Under the present circumstances,
in which election rallies and normal campaigning are rendered
virtually impossible by security constraints, it is difficult
to see how this can be achieved. In addition, the conflict between
resistance, coalition and interim-government forces in central
and western Iraq seems to be leading to the further alienation
of the Iraqi population, and the likely abstention from the electoral
process of a large section of the Sunni population.
Of particular concern to Christian Aid
and Iraqi partners today, is a situation in which international
law intended to protect civilians in conflict, exemplified by
the Geneva Conventions of 1949 and additional Protocols of 1977,
appears to be routinely and increasingly flouted by all parties
involved in the struggle, including the resistance, the multi-national
coalition and the interim Iraqi government.
The resistance tactics of hostage-taking
and execution, and detonating bombs that target the general civilian
population, as well as humanitarian workers, journalists, police
and military personnel, are already well documented by the media,
and in many cases have been publicised by websites run by the
resistance groups themselves.
The International Committee of the Red
Cross report of February 2004 on prisoners held by the coalition
has already described: '…excessive and disproportionate use
of force against persons deprived of their liberty resulting in
death or injury during their period of internment.' The report
details numerous incidents involving degrading treatment or torture.
During the recent assault on Fallujah,
a film taken by a journalist embedded with (US) coalition forces
appears to show the murder by shooting of a wounded and unarmed
Iraqi, who the previous day had already surrendered to, and been
treated by, another coalition unit.
This is one incident which is under
investigation. However, the Fallujah assault, and other coalition/interim-government
operations now ongoing in the Sunni triangle, demonstrate the
coalition commanders' routine disregard for international law
on the protection of civilians and for the neutrality of humanitarian
work and humanitarian organisations. The operation in Fallujah
began with the coalition forces' occupation of the main hospital,
thus denying it to the resistance. Civilian women and children
were permitted to leave, but unarmed men of military age, whether
involved with the resistance or not, were forced to remain in
the city to face the consequences of the assault. A blockade was
imposed and water and power cut off to whole neighbourhoods. Aerial
bombardment of populated urban districts and the use of heavy
artillery resulted in widespread death and injury to non-combatants,
as well as the destruction of civilian infrastructure. Access
to the civilian population by humanitarian agencies, and in particular
by the Iraqi Red Crescent, which tried repeatedly to send assistance,
was blocked for a long period by coalition forces. Coalition forces
themselves undertook to make humanitarian relief distribution
towards the end of the operation. However, this included at least
one reported misuse of humanitarian assistance, in which families
were called on to send one male to the central mosque to collect
a relief packet. Once in line, the men found themselves separated
into groups and forensically checked for powder marks. Those who
were found to have fired a weapon were arrested, according to
photographer Marco Dilauro, embedded with US Marines in Fallujah,
17 November 2004.
While Christian Aid and partners are
extremely concerned about the failure to protect civilians or
to respect international law on armed conflict, we also call attention
again to the failure of coalition leaders to respect the neutrality
and mandate of humanitarian organisations, including the Red Cross/Red
Crescent movement, UN agencies and NGOs, as they try to work in
the field. Since the spring 2003 intervention, coalition leaders
have consistently tried to present the political/military mission
as a humanitarian one, giving humanitarian tasks to coalition
military units, and giving coalition military officers the job
of coordinating humanitarian work. As a result, any distinction
between the neutral role of humanitarian organisations and the
role of the coalition military is now quite unclear to most members
of the Iraqi public, many of whom now resent all international
organisations, or even internationally funded organisations, as
'occupiers.' Humanitarian space, as aid agencies describe the
ability to reach those in need, has been severely compromised
as a result and may not be recovered for many years.
Sir Nick Young of the British Red Cross
said of a visit to Baghdad last year: 'I had a very strong feeling
that we were regarded as the occupying powers… and this was
something I hadn't felt before.' He regarded the coalition's denial
of access to Fallujah as: '… hugely significant… it
sets a dangerous precedent. The Red Crescent had a mandate to
meet the needs of the local population facing a huge crisis, and,
given their neutrality, they should have been allowed in to meet
those needs.' (Guardian, 15 December 2004) Dawood Pasha,
the Director-General of Iraq's new government agency for NGOs,
who admits that his government cannot provide security for aid
workers, stated recently: 'In general, the view of every aid agency
in Iraq is that it must be working with Mossad or the CIA. When
I say these groups are here to help the Iraqi people, many people
think it's a lie. The fundamentalist religious groups say this.
And no-one has seen foreigners for many years, so they are suspicious.'
(UN interview, December 2004)
Christian Aid, with its local partners,
will continue to work to alleviate the population's situation
in a number of provinces in Iraq, as far as circumstances permit.
However, we call upon all parties, including the coalition nations,
and particularly the UK and US governments, to respect well-established
international laws on conflict. The UK's coalition membership
implies equal responsibility for the breaches that have occurred
and are occurring. We also call on all parties to respect the
neutrality of humanitarian organisations. In the case of the UK
Ministry of Defence and the US Pentagon, this will require a radical
change in policy and principle toward both humanitarian organisations
and humanitarian activities.
Oliver Burch and Claire Spencer
10 December 2005
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