I was kind of astonished by a couple of DailyKos diaries today. I won’t link to them; nevermind. Basically, I was being told that “Arab People” don’t think like Westerners, and we can’t expect to “transplant” our “values” to them so easily.
Well, I went looking around the nets. I found a very enlightening article from The Heritage Foundation which outlined the evils of the Hussien regime, and why our war in Iraq was justified. From April 17, 2003.
Saddam Hussein’s Violations of the Geneva Convention
by Carrie Satterlee
WebMemo #260
April 17, 2003
As fighting in Iraq winds down and coalition forces stamp out the last remaining pockets of resistance, coalition forces and humanitarian agencies are only beginning to document the atrocities that occurred under this brutal regime. According to senior officials at the U.S. Department of State, “the Iraqi regime has not only acted contrary to international laws and treaties in fighting coalition forces, but has also ignored these laws regarding protection of Iraqi civilians.”
The laws on war have a long history. In 1907, the international community convened the first of a series of diplomatic conferences that endeavored to codify the “laws and customs of war.” The first of these conferences was the 1907 Hague Convention on the Conduct of War. After World War II, the international community met again to expand these customary laws of war to meet with the changing times. The result was the four Geneva Conventions of 1949, which introduced the concept of individual criminal liability and “universal jurisdiction” to try individuals responsible for “grave breaches” of the Geneva Conventions.
Restoring law and order to Iraq and encouraging the growth of freedom requires that the members of Saddam Hussein’s regime be brought to justice for their years of systematic brutality and oppression of the Iraqi people. However, this process will not be easy and will require extensive investigation and documentation.
The United States and coalition allies have agreed to work with the new Iraqi government to develop the legal framework to bring the members of Saddam Hussein’s regime to justice. Coalition forces are working hard to document the war crimes committed by this brutal regime, some of which are listed below.
— snip —
Here are some of the Geneva Articles that the Heritage Foundation claims that Saddam Hussien violated, and that therefore he — as the leader of the Iraqi forces — should be brought to trial under international law. As you’ll see, the “Arabs” are nothing like us.
Article 51, paragraphs 6 and 7, of Protocol I
Attacks against the civilian population or civilians by way of reprisals are prohibited….Article 3, paragraph 1, of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War
Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages;* (c) outrages upon personal dignity, in particular humiliating and degrading treatment*; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
— snip —
If [Iraq’s actions] are proven upon further investigation, these actions would violate:
Article 3, paragraph 1, of the Fourth Geneva Convention
Article 77, paragraphs 1, 2, and 5, of Protocol I
1. Children shall be the object of special respect and shall be protected against any form of indecent assault. The parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any reason. 2. The parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. 5. The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.
— snip —
Iraq’s Actions
On April 1, PFC Jessica Lynch, a member of the 507th maintenance company captured on March 23, was rescued from a hospital in the city of Nasiriyah. She was badly injured, suffering from two broken legs and severe back injuries. PFC Lynch was not allowed to eat for the nine days of her internment.
Violation
If proven upon further investigation, these actions would violate:
Article 26 of the Third Geneva Convention Relative to the Treatment of Prisoners of War
The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners. Sufficient drinking water shall be supplied to prisoners of war.
Iraq’s Actions
The International Committee of the Red Cross was blocked by Iraq from seeing American prisoners of war as required by the Geneva Conventions.
Violation
If proven upon further investigation, this action would violate:
Article 126 of the Third Geneva Convention
Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited.
Article 17 of the First Geneva Convention
…They shall further ensure that the dead are honorably interred….
— snip —
Article 13 of the Third Geneva Convention
Prisoners of war must at all times be protected, particularly against acts of violence or intimidations and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited.Article 14 of the Third Geneva Convention
Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Prisoners of war shall retain the full civil capacity, which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, or the rights such capacity confers except in so far as the captivity requires.— snip —
Article 29 of the Third Geneva Convention
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics. Prisoners of war shall have for their use, day and night, conveniences, which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them. Also, apart from the baths and showers with which the camps shall be furnished prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
Have a nice day.
