II. Findings and Charges 

On the basis of the preceding findings and recalling the Charter of the United Nations and other legal documents quoted in the appendix, the jury has established the following charges. 

A. Against the Governments of the US and the UK

1. Planning, preparing, and waging the supreme crime of a war of aggression in contravention of the United Nations Charter and the Nuremberg Principles.
Evidence for this can be found in the leaked Downing Street Memo of 23rd July, 2002 in which it was revealed that: “military action was now seen as inevitable. Bush wanted to remove Saddam through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were fixed around the policy.” Intelligence was manufactured to willfully deceive the people of the US, the UK, and their elected representatives. 

2. Targeting the civilian population of Iraq and civilian infrastructure, by intentionally directing attacks upon civilians and hospitals, medical centers, residential neighborhoods, electricity stations, and water purification facilities in violation of the Geneva Conventions of 1949 and the International Covenant for Civil and Political Rights (“ICCPR”), Articles 7(1)(a), 8(2)(a)(i), and 8(2)(b)(i). The complete destruction of the city of Falluja in itself constitutes a glaring example of such crimes.

3. Using disproportionate force and indiscriminate weapon systems, such as cluster munitions, incendiary bombs, depleted uranium (DU), and chemical weapons. Detailed evidence was presented to the Tribunal by expert witnesses that leukemia had risen sharply in children under the age of five residing in those areas which had been targeted by DU weapons.

4. Failing to safeguard the lives of civilians during military activities and during the occupation period thereafter, in violation of the Fourth Geneva Convention, Articles 13 and 27, and the ICC Statute, Articles 7 (1)(a) and 8(2)(a)(i). This is evidenced, for example, by “shock and awe” bombing techniques and the conduct of occupying forces at checkpoints.

5. Using deadly violence against peaceful protestors, beginning with, among others, the April 2003 killing of more than a dozen peaceful protestors in Falluja.

6. Imposing punishments without charge or trial, including collective punishment, on the people of Iraq, in violation of the International Convention on Civil and Political Rights (ICCPR), Geneva Conventions, and customary international law requiring due process. Repeated testimonies pointed to “snatch and grab” operations, disappearances, and assassinations.

7. Subjecting Iraqi soldiers and civilians to torture and cruel, inhuman, or degrading treatment in violation of the Geneva Conventions, the ICCPR, other treaties and covenants, and customary international law. Degrading treatment includes subjecting Iraqi soldiers and civilians to acts of racial, ethnic, religious, and gender discrimination, as well as denying Iraqi soldiers Prisoner of War status as required by the Geneva Convention. Abundant testimony was provided of unlawful arrests and detentions, without due process of law. Well known and egregious examples occurred in Abu Ghraib prison as well as in Mosul, Camp Bucca, and Basra. 
The employment of mercenaries and private contractors to carry out torture has served to undermine accountability. 

8. Re-writing the laws of a country that has been illegally invaded and occupied, in violation of international covenants on the responsibilities of occupying powers, in order to amass illegal profits (through such measures as Order 39, signed by L. Paul Bremer III for the Coalition Provisional Authority, which allows foreign investors to buy and takeover Iraq’s state-owned enterprises and to repatriate 100 percent of their profits and assets at any point) and to control Iraq’s oil. Evidence listed a number of corporations that had profited from such transactions.

9. Willfully devastating the environment, contaminating it by depleted uranium (DU) weapons, combined with the plumes from burning oil wells, as well as huge oil spills, and destroying agricultural lands. Deliberately disrupting the water and waste removal systems, in a manner verging on biological-chemical warfare. Failing to prevent the looting and dispersal of radioactive material from nuclear sites. Extensive documentation is available on air, water pollution, land degradation, and radiological pollution.

10. Actively creating conditions under which the status of Iraqi women has seriously been degraded contrary, to the repeated claims of the leaders of the coalition forces. Women’s freedom of movement has been severely limited, restricting their access to education, livelihood, and social engagement. Testimony was provided that sexual violence and sex trafficking have increased since the occupation of Iraq began.

11. Failing to protect humanity’s rich archaeological and cultural heritage in Iraq, by allowing the looting of museums and established historical sites and positioning military bases in culturally and archeologically sensitive locations. This took place despite prior warnings from UNESCO and Iraqi museum officials. 

12. Obstructing the right to information, including the censoring of Iraqi media, such as newspapers (e.g., al-Hawza, al-Mashriq, and al-Mustaqila) and radio stations (Baghdad Radio), targeting international journalists, imprisoning and killing academics, intellectuals and scientists. 

13. Redefining torture in violation of international law, to allow use of torture and illegal detentions, including holding more than 500 people at Guantánamo Bay without charging them or allowing them any access to legal protection, and using “extraordinary renditions” to send people to torture in other countries known to commit human rights abuses and torture prisoners.

B. Against the Security Council of United Nations...

Source: World Tribunal on Iraq