Question 1: Are sanctions against Iraq justified?
While the question "Are sanctions against Iraq justified?" does not generally
elicit an outrageous response (it is in fact the title of many learned
debates), a
rewording of this question to 'Is it justified to starve the Iraqi population
in order
to bring pressure on the Iraqi Government?' would certainly elicit a different
reaction. And if this question would furthermore be reworded to 'Is it
justified to
cause 600,000 children to die in order to force Iraq to disarm?' — outrageous
fabrications; it reflects the tragic reality. A U.N. FAO 1995 report stated
that
one million Iraqi civilians have died as result of the UN sanctions, half
of whom
are children under the age of five.
In addition, the common formulation "Sanctions against Iraq" is a semantic
obfuscation. Sanctions cannot be imposed on a "country," only on people.
More appropriate would have been the wording "Sanctions against the Iraqi
population." But this formulation is not used as it would reveal too much
against whom the sanctions are directed.
Question 2: Are the sanctions effective in forcing the Iraqi government
to abide by U.N. demands? Is the human price paid by the sanctions
too high?
To put effectiveness in the centre of the debate necessarily puts the ethical
dimension on the side. An example of this approach in its purest
implementation can illustrate this principle. It would be most effective
for a
society to exterminate all those who do not contribute to active production,
such as delinquents, chronically ill and lazy people. But no civilised
society
uses only effectiveness as criteria to determine policies. The first question,
by
ignoring the human cost of the sanctions, reflects a criminal approach.
The second question appears to include an ethical dimension. By rewording
it, the existence of a cynical calculus reveals itself: "How many lives
is it
worth to sacrifice for the sake of a particular aim?" Those who employ
such a
calculus hardly include their own lives or those of their kin, but intend
to
sacrifice lives of other people, either soldiers under their command or
aliens,
defined as enemies, the lives of whom they believe they can expend with
impunity.
Question 3: Under what conditions can the Security Council impose
collective coercive measures against a member state?
In order to do so, the Security Council must first formally determine the
existence of a threat to the peace, breach of the peace or act of aggression.
It
is evident, with regards to the immense power conferred upon the Security
Council, that the Council cannot casually make such determinations. The
threat to the peace must, in order to justify coercive action under Article
41 of
the Charter, be of such a degree as to place the continuation of world
peace
in jeopardy, so that action is immediately necessary in order to maintain
peace and security.
After the sovereignty of Kuwait was restored in 1991, the Iraqi army defeated
and the economic infrastructure of Iraq reduced to rubble, no case was
made
nor could one be made, that an imminent threat to world peace emanates
from Iraq, necessitating the most draconian enforcing measures against
any
nation in the history of the United Nations. Articles 41 and 42 of the
Charter,
permitting collective coercive measures against member states, cannot be
justified by invoking a hypothetical future threat.
Question 4: It is claimed that the Security Council fulfils its obligations
under international humanitarian law by excepting food and
medicines from the trade sanctions. Is this claim correct?
Under the terms of the Geneva Conventions of Aug. 12, 1949, and their
Additional Protocol of 1977, it is prohibited to indiscriminately attack
civilian
populations. Moreover, it is prohibited to starve civilian populations
as an act
of war.
In theory, the humanitarian exception clauses, would fulfil the minimal
requirements of international humanitarian law. But in practice the Security
Council made the enjoyment of these peremptory rights conditional upon
the
fulfilment of a set of measures by the Government of Iraq.
In order to strictly fulfil requirements of international humanitarian
law with
regards to the civilian population of Iraq, there are only two alternatives:
Either
to lift the blanket trade sanctions against the Iraqi people or to ensure
by
other means the physical integrity and well-being of the civilian population
in
Iraq.
More to the point is the fact that any significant restriction of civil
trade in
today's technology-dependent world, including spare parts for
water-purification facilities, parts for electric generators, computers,
technical
manuals, etc. can gravely affect the operations of the infrastructure necessary
for maintaining a civilian society alive. Thus, by exempting food and medicines
from the trade sanctions the Iraqi people are treated as animals, for whom
it is
sufficient to ensure mere survival.
Question 5: It is claimed that the United Nations Resolution 986
(food-for-oil deal) provides a solution to the crisis within Iraq. Is this
claim correct?
United Nations Resolution 986 (UNR 986) has never provided a solution to
the
drastic crisis now occurring within Iraq. Its passage has given the impression
to the world community that the situation is now improving; this impression
is
completely false. The resolution, which has been delayed at each step of
implementation, provides for only a small fraction of the needs of the
Iraqi
people.
UNR 986 technically allows Iraq to buy $1.3 billion of humanitarian food
and
medicine from the $2 billion of Iraqi oil sales. However, out of the 500
humanitarian contracts put forth for approval by the UN, only 28 contracts
worth $27 million have been accepted by the UN. Clearly, the implementation
of food and medicine contracts is being deliberately blocked.
Even though Iraq's health system is near complete collapse, not a single
tablet or injection had reached Iraq from the UN "oil-for-food deal" by
May
1997. In addition, medical donations, which provided for around eight to
10 per
cent of Iraqi's medical needs, have stopped arriving after the signing
of the
Memorandum of Understanding in May 1996 between the UN and Iraq on the
technicalities of the UNR 986 deal.
UNR 986 provides for meagre amounts of food and medicine, and says
nothing of the infrastructure that needs to be rebuilt in order for human
health
to be restored.
Iraq's electrical production and telecommunications systems have been badly
damaged. The transportation system has been critically damaged by massive
bombing of bridges and lack of fuel due to sanctions and bombing of Iraq's
oil
refining centres. The lack of fuel seriously impairs Iraq's ability to
use
generators as alternative sources of electrical power. The destruction
of
bridges, traditionally used by civilians, has hampered the transport of
medical
supplies.
These factors have severely affected health care. Health care facilities
throughout Iraq have limited access to electrical power. Many health centres
lack intra-facility telephone service. Without electricity, most of the
technology of modern health care cannot be used: laboratory services, blood
banking, culturing of media, sterilisation of equipment, storing of medicines,
radiography equipment . . .
The primary health care threat is that of gastro-intestinal disease caused
by
water-born infectious illnesses resulting from consumption of contaminated
or
inadequately treated water. The water supply in Baghdad has been drastically
reduced — primarily as a result of lack of power needed to move water
through pipe systems and purification systems. Plants producing aluminium
phosphate and chlorine gas have been destroyed by bombing and sewage
treatment plants severely damaged. In Baghdad, barely half of the water
treatment plants are functioning. Approximately 95 per cent of Iraq's
population had access to clean drinking water before the Gulf war, compared
to 21 per cent currently.
Seventy percent of the seeds used for Iraq's agriculture were imported.
The
machines utilised in agriculture need spare parts for maintenance. Neither
the
spare parts, nor even agricultural seeds, pesticides, and fertilisers,
are
allowed to be imported into Iraq.
Major United Nations agencies, including the WHO, UNICEF, WFP and the
FAO, have all documented beyond question the effects that the UN sanctions
are having on the Iraqi people. By imposing an indiscriminate trade ban
against the entire Iraqi population, the Permanent Members of the Security
Council, led by the United States of America, display a criminal callousness
for human lives. A removal of all UN sanctions against Iraq must occur
immediately.
By Elia Davidson