This war constitutes a great leap backward in the international rule of law and collective security built through 53 years.
It is incumbent on all states and members of the international community to affirm the unlawfulness of the present use of force in Iraq. Failure to do so could lead to the emergence of a new customary law allowing states to use force unilaterally and at will. This development would obliterate the heart of the UN Charter.
Now that the military attack has begun, all parties must abide by international humanitarian and human rights prescriptions laid in out in the 1949 Geneva Conventions, other relevant international instruments and international customary law. In particular states should:
– Distinguish between military objectives and civilian persons and objects (such as civilian electricity and water supplies, food stocks, and infrastructure) and protect civilians;
– Refrain from using certain weapons, in particular chemical, biological or nuclear and weapons which cause superfluous injury and unnecessary suffering or are inherently indiscriminate. Furthermore, force has to be used proportionally to objectives;
– Accept the surrender of enemy troops and treat prisoners of war fully in accordance with the Third Geneva Convention;
– Provide assistance, ensure the safety of refugees and internally displaced persons, and secure the unimpeded access of humanitarian agencies to vulnerable populations.
It is imperative that the aspiration of the Iraqi people to be freed from terror and poverty be heard and supported. Our organisations have consistently denounced the criminal acts and gross human rights violations perpetrated in Iraq. The commission of war crimes and crimes against humanity entail the individual responsibility of all involved persons. All States are obliged to ensure that persons suspected of such crimes are prosecuted
Our organisations therefore:
Call on the Commission on Human Rights to insist that all parties to the conflict respect international humanitarian law throughout the conflict;
Call on the Commission on Human Rights to set up a comprehensive programme for the respect for human rights in the region. This process should include a fact-finding mission on the situation of human rights in Iraq and the deployment of international human rights observers;
Call on the Security Council or the General Assembly to ensure that individuals suspected of having committed international crimes are prosecuted.