Saddam's Actions: Violation Of Uncg Laws?

Saddam Hussein was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until his overthrow in 2003. He was a highly polarizing and controversial figure, dominating Iraqi politics for 35 years. Many Arabs regard Saddam as a resolute leader who challenged Western imperialism, opposed the Israeli occupation of Palestine, and resisted foreign intervention in the region. Conversely, many Iraqis, particularly Shias and Kurds, perceive him negatively as a dictator responsible for severe authoritarianism, repression, and numerous injustices.

Saddam Hussein repeatedly violated sixteen United Nations Security Council Resolutions (UNSCRs) designed to ensure that Iraq did not pose a threat to international peace and security. In addition to these repeated violations, he tried to circumvent UN economic sanctions against Iraq. As noted in the resolutions, Saddam was required to fulfill many obligations, including allowing international weapons inspectors to oversee the destruction of his weapons of mass destruction, not developing new weapons of mass destruction, and stopping support for terrorism.

Saddam Hussein was also accused of violating the Geneva Convention, which introduced the concept of individual criminal liability and universal jurisdiction to try individuals responsible for grave breaches of the Geneva Conventions. Coalition forces and humanitarian agencies documented the atrocities that occurred under Saddam's brutal regime, including the use of terrorist tactics to kill coalition forces and the torture and murder of Iraqi civilians and athletes.

Saddam Hussein was captured by American forces in December 2003 and put on trial by the Iraqi Special Tribunal. He was found guilty of crimes against humanity and sentenced to death by hanging, which was carried out on December 30, 2006.

Saddam's invasion of Kuwait

On August 2, 1990, Saddam Hussein ordered the invasion and occupation of Kuwait, which marked the beginning of the Gulf War. The invasion was primarily over disputes regarding Kuwait's alleged slant drilling in Iraq's Rumaila oil field, as well as to cancel Iraq's large debt to Kuwait from the recently ended Iran-Iraq War. After defeating the State of Kuwait on August 4, 1990, Iraq went on to occupy the country for the next seven months.

The invasion was met with immediate international condemnation, including the adoption of UN Security Council Resolution 660, which demanded Iraq's immediate withdrawal from Kuwait, and the imposition of comprehensive international sanctions against Iraq with the adoption of UN Security Council Resolution 661. British Prime Minister Margaret Thatcher and US President George H. W. Bush deployed troops and equipment into Saudi Arabia and urged other countries to send their own forces. Many countries joined the American-led coalition, forming the largest military alliance since World War II.

On November 29, 1990, the UN Security Council passed Resolution 678, which gave Iraq an ultimatum to withdraw from Kuwait by January 15, 1991, or face removal by "all necessary means." After Iraq failed to meet the deadline, the coalition initiated the Gulf War aerial bombardment campaign on January 17, 1991. As the bombardment continued, Iraq fired missiles at Israel, hoping to provoke an Israeli military response that would lead to the withdrawal of several Muslim-majority countries from the coalition. However, no such retaliation took place, and on February 23, 1991, the coalition launched a ground invasion of Iraqi-occupied Kuwait and parts of Iraq.

As Iraqi troops retreated from Kuwait, they set fire to over 700 Kuwaiti oil wells, but this strategy failed to thwart the coalition's advance. By February 28, 1991, the Iraqi military had been devastated, and Kuwaiti independence was restored. The invasion and occupation of Kuwait resulted in widespread destruction, with an estimated 1,000 Kuwaiti civilians killed and more than 300,0000 residents fleeing the country.

Saddam's use of chemical weapons

Saddam Hussein's use of chemical weapons can be divided into three phases:

Phase 1: January 1981 to June 1983

The Iraqi army started testing chemical weapons.

Phase 2: August 1983 to December 1983

Chemical weapons were used to a limited extent.

Phase 3: February 1984 to the end of the Iran-Iraq War

Chemical weapons were used extensively.

The Iran-Iraq War lasted from 1980 to 1988, and during this time, Saddam Hussein pursued the most extensive chemical weapons program. He waged chemical warfare against Iran and used chemicals against his civilian Kurdish population and during a popular uprising in southern Iraq in 1991.

The first reported use of chemical weapons occurred in November 1980. By 1983, Iran notified the UN that Iraq was using chemical weapons against its troops, and in 1984, the UN dispatched a team of specialists to verify these claims. The conclusion was that Iraq was, indeed, using chemical weapons against Iranian troops and civilians.

In 1988, during the Anfal campaign, Saddam Hussein launched a large-scale chemical attack on the Iraqi city of Halabja, killing thousands of Kurds. Mustard gas and other unidentified nerve agents were used, and the attack is considered a genocidal massacre and a crime against humanity.

Saddam Hussein's regime was brought to an end in 2003 with the US invasion of Iraq.

Saddam's violation of the Geneva Convention

Saddam Hussein's regime was accused of committing several atrocities and war crimes during the Iraq war, violating the Geneva Convention.

The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for the humane treatment of prisoners, civilians, and military personnel in war. The laws define the rights and protections afforded to those non-combatants who are considered "protected persons". The Conventions also establish protections for the wounded and sick and provide protections for civilians in and around war zones.

• Iraqi soldiers and Fedayeen fighters killed and injured US soldiers in an ambush after feigning surrender by waving a white flag, which is prohibited under Article 37 of the Additional Protocol to the Geneva Conventions.
• Iraqi soldiers disguised themselves as civilians and concealed their weapons and military status, blurring the distinction between soldiers and civilians. This violated the "principles of distinction" and Article 44, paragraph 3, of Protocol I, which obliges combatants to distinguish themselves from civilians.
• Iraqi officials sanctioned the use of terrorist tactics, such as disguising soldiers as civilians and detonating concealed explosives, resulting in the deaths of American soldiers and Iraqi civilians. This violated Article 51, paragraphs 6 and 7, of Protocol I, which prohibits attacks on civilians and the use of reprisals.
• Iraqi Republican Guards and Fedayeen paramilitary forces used women and children as human shields, which is prohibited under Article 51, paragraphs 6 and 7, of Protocol I.
• Iraqi forces opened fire on thousands of civilians fleeing Basra, resulting in the deaths of non-combatants. This violated Article 3, paragraph 1, of the Fourth Geneva Convention, which requires that persons taking no active part in hostilities be treated humanely.
• "Execution squads" were sent to threaten and coerce Iraqi soldiers who were unwilling to fight coalition troops, including acts such as cutting out tongues and group beheadings. These actions violated Article 3, paragraph 1, of the Fourth Geneva Convention and Article 75, paragraph 2, of Protocol I, which prohibit violence, collective punishments, and threats to life and physical well-being.
• Iraqi children were taken from their homes, and their families were forced to fight for the regime or face execution. This violated Article 77 of Protocol I, which states that children shall be protected and shall not take a direct part in hostilities.
• Iraqi officials released footage of deceased US service members, smiling and showing their bloodied faces. This violated Article 15 of the First Geneva Convention, which requires that all possible measures be taken to search for and collect the wounded and protect them from ill-treatment.
• Prisoners of war were denied showers, exercise, and adequate food, and were subjected to interrogation. These actions violated several articles of the Third Geneva Convention, which stipulate that prisoners of war must be protected, treated with respect, and provided with adequate food and sanitary living conditions.

These are just a few examples of how Saddam Hussein's regime violated the Geneva Convention during the Iraq war. The United States and its coalition allies worked with the new Iraqi government to investigate and bring justice to those responsible for these war crimes.

Saddam's defiance of UN resolutions

Saddam Hussein, the former Iraqi president, was known for his defiance of UN resolutions. He had violated sixteen United Nations Security Council Resolutions (UNSCRs) that were designed to ensure Iraq did not pose a threat to international peace and security. Here is a detailed account of Saddam's defiance of UN resolutions:

UNSCR 678:

Iraq was required to comply with UNSCR 660, which addressed Iraq's illegal invasion of Kuwait, and all subsequent relevant resolutions. UN member states were authorized to use necessary means to uphold resolution 660 and restore international peace and security in the area.

UNSCR 686:

Iraq was mandated to release prisoners detained during the Gulf War, return seized Kuwaiti property, and accept liability for damages caused by the illegal invasion.

UNSCR 687:

Iraq was obligated to unconditionally accept the destruction, removal, or rendering harmless of its chemical and biological weapons, ballistic missiles with a range greater than 150 kilometers, and nuclear weapons capabilities under international supervision. Additionally, Iraq was prohibited from developing new weapons of mass destruction and was required to reaffirm its obligations under the Nuclear Non-Proliferation Treaty. The resolution also established the United Nations Special Commission (UNSCOM) to verify the elimination of Iraq's chemical and biological weapons programs and mandated the International Atomic Energy Agency (IAEA) to verify the elimination of its nuclear weapons program.

UNSCR 688:

Iraq was condemned for its repression of the Iraqi civilian population, which threatened international peace and security. The resolution demanded that Iraq immediately end the repression and allow immediate access to international humanitarian organizations to provide assistance.

UNSCR 707:

This resolution condemned Iraq's serious violation of UNSCR 687 and non-compliance with IAEA obligations under the Nuclear Non-Proliferation Treaty. It demanded that Iraq halt all nuclear activities, make a full disclosure of its weapons of mass destruction and missile programs, and allow UN and IAEA inspectors immediate, unconditional, and unrestricted access.

UNSCR 715:

Iraq was mandated to cooperate fully with UN and IAEA inspectors.

UNSCR 949:

The resolution condemned Iraq's military deployments towards Kuwait and demanded that Iraq not utilize its military or other forces in a hostile manner against its neighbors or UN operations. Iraq was also required to cooperate fully with UN weapons inspectors and refrain from enhancing its military capability in southern Iraq.

UNSCR 1051:

Iraq was obligated to report shipments of dual-use items related to weapons of mass destruction to the UN and IAEA and cooperate fully with inspectors, granting them immediate, unconditional, and unrestricted access.

UNSCR 1060:

The resolution deplored Iraq's refusal to allow access to UN inspectors and its clear violations of previous UN resolutions. It demanded that Iraq cooperate fully with weapons inspectors and allow immediate, unconditional, and unrestricted access.

UNSCR 1115:

This resolution condemned the repeated refusal of Iraqi authorities to allow access to UN inspectors, constituting a clear and flagrant violation of previous resolutions. It demanded that Iraq cooperate fully, granting immediate, unconditional, and unrestricted access to inspectors and Iraqi officials whom the inspectors wanted to interview.

UNSCR 1134:

The resolution reiterated the condemnation of Iraqi authorities' refusal to allow access to UN inspectors, which was deemed a flagrant violation of previous resolutions. It demanded that Iraq cooperate fully and grant immediate, unconditional, and unrestricted access to inspectors and Iraqi officials for interviews.

UNSCR 1137:

The resolution condemned Iraq's continued violations of previous UN resolutions, including its implicit threat to the safety of aircraft operated by UN inspectors and tampering with monitoring equipment. It reaffirmed Iraq's responsibility to ensure the safety of UN inspectors and demanded full cooperation and unrestricted access.

UNSCR 1154:

Iraq was mandated to cooperate fully with UN and IAEA weapons inspectors, granting immediate, unconditional, and unrestricted access. The resolution noted that any violation would have severe consequences for Iraq.

UNSCR 1194:

The resolution condemned Iraq's decision to suspend cooperation with UN and IAEA inspectors, which was deemed a totally unacceptable contravention of its obligations under previous resolutions. It demanded that Iraq cooperate fully and grant immediate, unconditional, and unrestricted access to inspectors.

UNSCR 1205:

The resolution condemned Iraq's decision to cease cooperation with UN inspectors as a flagrant violation of previous resolutions. It demanded that Iraq provide immediate, complete, and unconditional cooperation with inspectors.

UNSCR 1284:

The resolution established the United Nations Monitoring, Verification, and Inspection Commission (UNMOVIC) to replace the previous weapon inspection team. It mandated that Iraq allow UNMOVIC immediate, unconditional, and unrestricted access to officials and facilities. Additionally, Iraq was required to fulfill its commitment to return Gulf War prisoners and distribute humanitarian goods and medical supplies to its people without discrimination.

In addition to these specific resolutions, the UN Security Council issued at least 30 statements from its President regarding Saddam Hussein's continued violations. Saddam's defiance of UN resolutions led to his eventual capture and execution by the Iraqi government in 2006.

Saddam's trial and execution

Saddam Hussein was deposed as President of Iraq in 2003 and remained in custody by U.S. forces until his trial by the Iraqi Interim Government. He was tried by the Iraqi Special Tribunal (IST), consisting of five Iraqi judges, for war crimes, crimes against humanity, and genocide dating back to the early 1980s.

The trial began on 19 October 2005, with Saddam and seven other defendants tried for crimes against humanity regarding events that took place after a failed assassination attempt in Dujail in 1982. Saddam was defiant throughout the trial, rejecting the tribunal's legitimacy and asserting that he was still the president of Iraq. He also defended Iraq's invasion of Kuwait and referred to Kuwaitis as "dogs".

On 5 November 2006, Saddam was sentenced to death by hanging for the killing of 148 Shiites from Dujail, in retaliation for the 1982 assassination attempt. He was convicted of crimes against humanity and sentenced to death. On 26 December, Saddam's appeal was rejected, and he was ordered to be executed within 30 days.

The execution took place on 30 December 2006 at an Iraqi-U.S. military base called Camp Justice, located in Kazimain, a north-eastern suburb of Baghdad. Saddam was executed by hanging, with the official footage stopping short of showing the execution itself. However, an amateur video shot using a mobile phone surfaced, containing footage of the entire hanging.

Saddam's behaviour was described as "submissive" and "unrepentant", with witnesses reporting that he appeared "broken and weak". He was buried in his birthplace of Al-Awja, near Tikrit, on 31 December 2006.

The trial and execution of Saddam Hussein were controversial and sparked varied reactions. Critics, including Saddam's legal counsel, alleged that the trial was unfair and influenced by U.S. officials. There were also concerns about the Iraqi Special Tribunal's independence and compliance with international standards for a fair trial. Human rights organizations such as Amnesty International and Human Rights Watch criticized the trial and execution, stating that it "follows a flawed trial and marks a significant step away from the rule of law in Iraq".

On the other hand, some legal experts, such as Miranda Sissons and Jonathan Drimmer, disagreed with these assertions, arguing that the trial was transparent and a major step for Iraq. They pointed out that Saddam was convicted based on his own documents approving execution orders.

Frequently asked questions