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Dear List, Jutta Burghardt has written her own objective account: "The humanitarian situation in Iraq, the humanitarian program 'Oil for Food', and Human Rights" (still unpublished, I believe). I searched CASI's archives but couldn't find it. So I thought you might be interested. In fact, even if you know everything there is to know, please do read it. If not, I am quoting some excerpts. http://www.nodo50.org/csca/english/petxalim-ddhh-eng.html This paper was first presented at the International Conference "Embargo and Human Rights in Iraq" organized by the Baytol Hikma Centre in Baghdad, May 8-9, 2001. Ms. Burghardt presented it also to the Arab Cause Solidarity Committee in Madrid in July 2001. She has taken a legal perspective, quoting from various sources: the Genocide Convention (1949), the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights. She has applied each quote to the Iraqi situation - with sensitivity and detail. And the evokes the Principles of the Nuremberg Tribunal, quoting: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him." And she applies this to herself: "In this context, it is important to know - and I wish my former colleagues in the Iraq Programme of the United Nations were aware of it - that the Genocide Convention as well as the Nuremberg Principles establish that complicity to a crime against humanity is a crime under international law. I personally believe that assisting to veil the effects of the sanctions on the Iraqi people amounts to complicity, and I decided that a moral choice had been available to me." (You may remember that Ms. Burghardt first gave "personal reasons" for her resignation and amended that to solidarity with von Sponeck.) She cites "VII. Prohibition of the State to Fulfil its Obligations under the International Covenant on Economic, Social and Cultural Rights". Applying this to Iraq, she concludes: [...] "Only a country that is able to exercise its right of self-determination is in a position to implement the International Covenant and fulfil the obligations it entered into when acceding to it. Iraq is being denied this right, which it had aptly fulfilled before sanctions by investing in education, health, infrastructure, and to which it is still committed as I was able to witness." And she cites Marc Bossuyt: "c) The Belgian international law expert Marc Bossuyt is unambiguously clear on this. In his report to the Commission on Human Rights (Sub-Commission on the Promotion and Protection of Human Rights -E/CN.4/SUB.2/2000/33) of 21 June 2000 he says (Paragraph 72)": "'The sanctions regime against Iraq has as its clear purpose the deliberate infliction on the Iraqi people of conditions of life (lack of adequate food, medicines etc.) calculated to bring about its physical destruction in whole or in part. It does not matter that this deliberate physical destruction has as its ostensible objective the security of the region. Once clear evidence was available that thousands of civilians were dying and that hundreds of thousands would die in future as the Security Council continued the sanctions, the deaths were no longer an unintended side effect [and] the Security Council was responsible for all known consequences of its actions. The sanctioning bodies cannot be absolved from having the 'intent to destroy' the Iraqi people. The United States Ambassador to the United Nations in fact admitted this; when questioned whether the half million deaths were 'worth it', she replied: 'we think the price is worth it'. The states imposing the sanctions could raise questions under the genocide Convention.'" "In addition", says Burghardt, "and what is most important, in his recommendations Marc Bossuyt states that sanctions which violate international law, and especially human rights, need not be respected. And he raises the question of compensation." --Elga _______________________________________________ Sent via the discussion list of the Campaign Against Sanctions on Iraq. To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-discuss To contact the list manager, email email@example.com All postings are archived on CASI's website: http://www.casi.org.uk