Genocide in Iraq: The Case Against the UN Security Council and Member States

Genocide in Iraq: The Case Against the UN Security Council and Member States

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Product Details

ISBN-13: 9780985335304
Publisher: Clarity Press, Incorporated
Publication date: 03/01/2013
Pages: 265
Product dimensions: 5.90(w) x 8.90(h) x 0.60(d)

About the Author

is an Iraqi-born, British-trained barrister who served as a legal adviser on Saddam Hussein’s defense to his daughter, Raghad Saddam Hussein. Called to the Bar in 1996, he holds a PhD in Electronics Engineering and a PhD in
International law. Founding editor of The Arab Review, he has written widely on culture, politics and religion. He joined the Ba’ath party while in his his teens, but left it in disappointment a few years later,prior to the Ba’ath Party assuming power in 1968. He is author of The Trial of Saddam Hussein.

is an architect by profession, a translator, and a researcher of Arab/Islamic issues, who has been a strong opponent of the genocidal sanctions and the wars against Iraq.He has publicly written and talked about these issues in Finland where he works and lives.

is Professor of Law and Head of the Law Department, Middlesex
University, UK

Read an Excerpt

The starting point for the consideration of sanctions under international law is Article 39 of the UN Charter which gives rise to the right of the Security Council to consider taking such measures as sanctions against a member state. Under Article 39, as sited above, the Security Council

Table of Contents

Foreword Joshua Castellino

Introduction

Contextualizing Iraq within the Arab World

The Purpose of this Book

Chapter 1 Iraq's Millennia of Rich History

The Unique Historical Role of Iraq

Inviolability of the Colonialists' Drawn Borders Post WWI

How the Shi'a vs. Sunni Divide in Islam Impacted Early Iraq

Building Baghdad, Capital of an Empire

Chapter 2 From Monarchy to Occupation: Iraq from 1916 to 2003

Overview of Iraq's 20th Century Political History

Nuri As-Saeed's Rule

General Qasim's Rule

The Arifs' Rule

The Significance of the Ba'ath Movement in the Arab Middle East

Learning the Lessons of the 1963 Failure of the Ba'ath

The Ba'ath Succeeds in Freezing the Kurdish Problem

The Iraqi Night of the Long Knives

The Ill-conceived Invasion of Iran Leads to Ba'ath Decline

The First Consequence of the Iraqi Invasion of Iran

Where the Ba'ath Failed: Some Conjectures

Chapter 3 The Ba'ath Pursues the Economic Development of Iraq

Planning: The Cornerstone of the Ba'ath Strategy for Iraq's Development

The National Development Plan (NDP): The Most Ambitious Plan in the History of Iraq

The Second Development Plan 1976-1980

The Development Plan and the Oil Sector

Industrial Development under the Ba'ath

Infrastructure Development under the Ba'ath

The Ba'ath Plans for the Development of the Agriculture and Irrigation Sector

The Impact of the Iran-Iraq war on Development

Military Expansion and its Effects on the Economy

Understanding the Economic Costs of the Iran-Iraq War

Chapter 4 The Ba'ath's Progressive Social and Political Policies

The Progressive National Front (PNF)

New Labor Laws: A Major Contribution to Social and Economic Justice

A Distinctive Contribution to the Liberation of Women in the Arab World

A Unique Attitude to Religious Freedom in the Arab World

Ba'ath Ideology in the Education Sector: Free Education for All at All Levels

The Ba'ath Plan to Provide Free Health Service to All

Chapter 5 The Destruction of Iraq

When Did the Destruction Really Begin?

Planned Incremental Destruction: Dividing the Sanctions Regime into Distinctive Phases

Phase One: Sanctions Preceding the 1991 Attack

Was there a Real Chance for Peace Prior to the 1991 "Allied" Attack?

Sanctions Indicate Pre-planning for an Attack on Iraq

Operation Desert Storm: Extensive Unnecessary Damages Indicate Intent to Destroy Iraq

After the 1991 Attack: Evaluating the Damage

Phase Two: New Sanctions, New Pretexts

The Invisible Weapon of Mass Destruction: Sanctions and the Massive Civilian Death Toll

Impact of Sanctions on the Destruction of the 80-year-old Infrastructure

Impact of Sanctions on the Health System Devolved by the Ba'ath

Impact of Sanctions on Education/Literacy after Iraq Managed to Eradicate Illiteracy

Impact of Sanctions on Water and Sewage Treatment Facilities

Impact of Sanctions on the Oil Industry: Running Down Iraq's Economic Lifeline

Impact of Sanctions on the Agrarian Sector: Forced Reliance on Imports for All Iraqi Food Needs

Chapter 6 Sanctions and International Law

UN Resolutions on Iraq vs. Resolutions on Israel: But One Example of Ongoing Double Standards in UN Application of Punitive Measures

Invoking Chapter VII: The Abuse of International Law

The Questionable Legality of Total Sanctions under the UN Charter

The Illegality of Total Sanctions under International Humanitarian Law

Human Rights Law and Sanctions

Chapter 7 The Genocide Convention and the Question of Intent

Background to the Genocide Convention and Its Adoption

Reaction to the Convention during the Deliberations

Problems with Application of the Convention

Relevant Articles of the Genocide Convention to Sanctions

Intent in Genocide: Its Meaning and Use to Obviate Criminal Liability

The Insufficiency of the Current Definition of Genocide

Chapter 8 The Sanctions Committee Oversight

First Phase of the Committee's Operation 1990-1996

Second Phase of the Committee's Operation 1996-2003

Annual Reporting After Oil-for-Food Programme

The Report of One Security Council Meeting Tells the Whole Story

Executive Director of the Iraq Programme Addresses the Security Council on the Evils of Sanctions

Chapter 9 Sanctions as Genocide

Complicity in Genocide

A Significant Challenge to the Legality of Security Council Resolutions: The Ruling of the European Court of Justice (EG)

Conclusion: The Need for an Appropriate Judicial Inquiry

Who are the perpetrators?

How to Initiate Legal Action

Endnotes

Index of Tables

Index

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