| [Facts file complaint Franks] Civilian casualties by War crimes complaint Against Franks Wednesday May 14, 2003 at 01:20 PM | 
[Facts file complaint Franks] Civilian casualties
1. International humanitarian law
International Humanitarian Law, particularly the Law of Geneva consisting of 
  the four 1949 Geneva Conventions and the two 1977 Additional Protocols, obliges 
  the belligerents to make a distinction between persons taking part in the hostilities 
  and the civilian population. The latter should be spared as much as possible. 
  Therefore, indiscriminate attacks and use of indiscriminate weapons are prohibited. 
  International humanitarian law is a body of rules and principles that seek to 
  mitigate the effects of war. It prohibits attacks which do not attempt to distinguish 
  between military targets and civilians or civilian objects (indiscriminate attacks). 
  It also prohibits attacks which, although aimed at a legitimate military target, 
  have a disproportionate impact on civilians or 
  civilian objects. 
  
  According to the Statute of the International Criminal Court, "war crimes" 
  include: 
  - Intentionally directing attacks against the civilian population as such or 
  against 
  individual civilians not taking direct part in hostilities; 
  - Intentionally launching an attack in the knowledge that such attack will cause 
  incidental loss of life or injury to civilians or damage to civilian objects 
  or widespread, long-term and severe damage to the natural environment which 
  would be clearly excessive in relation to the concrete and direct overall military 
  advantage anticipated. 
There are numerous eyewitness accounts of U.S. and British attacks on civilians. 
  The cases mentioned here constitute by no means a comprehensive list of all 
  the civilian casualties reported. They only want to draw the attention to some 
  incidents that demand further investigation as, in the words of Amnesty International, 
  U.S. and British forces "may have breached international humanitarian law." 
  (Beth Osborne Daponte, M. A. "A Case Study in Estimating Casualties 
  from War and Its Aftermath: The 1991 Persian Gulf War" 1993) 
  
2. General estimations
Before the start of the war, researchers estimated that the total possible 
  deaths on all sides during the conflict and the following three months could 
  range from 48,000 to over 260,000. Additional deaths from post war adverse health 
  effects could reach 200,000. The majority of casualties would be civilians, 
  almost exclusively Iraqis. (MEDACT and International Physicians for the Prevention 
  of Nuclear War (IPPNW) "Collateral Damage: The health and environmental 
  costs of war on Iraq" November 2002) 
  A leaked United Nations (U.N.) document, "Likely Humanitarian Scenarios," 
  estimated that 500.000 people would be left injured or sick and observed that 
  the population of Iraq is exceptionally vulnerable because more than 12 years 
  of sanctions caused 60 percent of Iraq's 23 million people to be impoverished 
  and dependent on state rationing. (Campaign Against Sanctions on Iraq "Confidential 
  UN Document Predicts Humanitarian Emergency in Event of War on Iraq" Press 
  Release, 7 January 2003) 
A recent pre-war fact-finding mission to Iraq confirmed these findings and 
  compared the living conditions of the country's population to those of people 
  living in a giant refugee camp. ("The human costs of war in Iraq" 
  Center for Economic and Social Rights, 2003) 
  As of May 6, "Iraqbodycount.net" estimated that between 2.233 and 
  2.706 civilians have died in the war on Iraq based on published reports (See 
  end) However, the accuracy of the estimates is limited as they are mainly based 
  on reports in the Western media. There is reason to believe that the figures 
  mentioned so far are underestimations. Other estimates of civilian casualties 
  in the media went as high as 20.000 on April 20 (The Economist, 5 April 2003) 
   
Doubtlessly, many more have been injured and it is still impossible to predict 
  how many will die under the military occupation and because of indirect effects 
  of the war. The real civilian death toll will probably never be known as the 
  Pentagon has repeatedly stressed that it does not intend to count civilian casualties. 
  (Bradley Graham and Dan Morgan "U.S. Has No Plans to Count Civilian 
  Casualties" Washington Post, 15) 
  
  
3. Civilian killings according to Amnesty International and others
According to Amnesty International: " The US and UK governments have repeatedly 
  stated that they have "no quarrel with the Iraqi people". However, 
  the reality is that prolonged and intense bombardment in or near residential 
  areas has destroyed homes and livelihoods, and has maimed and killed civilians, 
  including children. The following incidents demand investigation. They are by 
  no means a comprehensive list of all the civilian casualties reported, but serve 
  to highlight the extent of the suffering and the urgent need to establish the 
  truth and ensure that such tragedies are not repeated." 
  Many of the incidents involving civilian casualties cannot be explained away 
  as "civilians caught in the crossfire" or "human error." 
  It appears, for example, that civilians have intentionally been shot at and 
  that it has been standard operating procedure at American checkpoints to aim 
  indiscriminately at any vehicle or even pedestrian coming in their direction. 
23 March : Five Syrian nationals were killed and a further ten were 
  hurt when a US missile hit a bus in Rutba, western Iraq, as it was returning 
  to Syria. A US military spokesman admitted that a US missile had hit the bus 
  and said that the real target was a bridge. It is unclear why the bridge was 
  attacked and why it could not have been attacked at a time when there was less 
  likely to be civilian traffic. 
  
  25 March : At least 14 civilians died and another 30 were injured in 
  Baghdad on March 25 when a shopping area was hit during an air raid. According 
  to BBC reporter Andrew Gilligan, two missiles hit a busy shopping area, several 
  hundred meters from any military buildings. ("'Many dead after Baghdad 
  shops hit" BBC News, 26 March 2003) 
  
  28 March : At least 55 civilians died when the market in the Shula district 
  of Baghdad was hit. MATW doctor Geert Van Moorter was at a nearby hospital a 
  few hours after the incident. He reported: "The hospital was a scene from 
  hell. Complete chaos. Blood was everywhere. Patients were shouting and screaming. 
  Doctors heroically trying to save their patients. In that one small, 200-bed 
  hospital they counted 55 dead, 15 of them children. The pictures I made are 
  too horrifying to send." He added that the market is located in one of 
  the poorest neighborhoods of Baghdad and that there are no military targets, 
  not even big buildings, within several kilometers." 
  Both the US and UK governments publicly suggested that the explosion was "probably" 
  caused by an ageing Iraqi anti-aircraft missile. However, according to the Independent 
  newspaper, the remains of a serial number of a missile were found at the scene, 
  identifying it as one manufactured in Texas, the USA, by Raytheon, the world's 
  biggest producer of "smart armaments", and sold to the US Navy. The 
  missile is believed to have been either a HARM (High Speed Anti-Radiation Missile) 
  device, or a Paveway laserguided bomb. Although the US authorities acknowledged 
  that one of their jets fired at least one missile in the area that day, an official 
  US source claimed that the shrapnel could have been planted at the scene by 
  Iraqi officials. (Robert Fisk "In Baghdad, blood and bandages for the 
  innocent" The Independent, 30 March 2003; Cahal Milmo "The proof: 
  marketplace deaths were caused by a US missile" The Independent, 2 April 
  2003) 
  However this kind of "explanations" are in accordance with a study 
  of a document made in 92 by US colonel Henderson. He explained how the US army 
  should deal with "bad news": 1. trying to restrain access. 2. Exposing 
  that "different hypothesis should be presented" and that "investigation 
  would be conducted, delaying the impact of the "bad news" on the public. 
  Adverse forces are often accused by US militaries for their own breachs of international 
  law. 
  
  March 30 : Mark Franchetti, a journalist for The Times, reported about 
  the recent battles for the bridges around Nasiriya. He witnessed that the American 
  marines were given orders "to shoot at any vehicle that drove towards American 
  positions." Franchetti described how during the night "we listened 
  a dozen times as the machine guns opened fire, cutting through cars and trucks 
  like paper." The following day he found the wreckage of some 15 vehicles 
  and counted 12 dead civilians who had been trying to leave Nasiriya overnight. 
  (Mark Franchetti "US Marines Turn Fire on Civilians at the Bridge of Death" 
  The Times, 30 March 2003) 
  
  31 March : A US Apache helicopter reportedly fired on and destroyed a 
  pickup 
  truck in the region of al-Haidariya near al-Hilla. The sole survivor, Razeq 
  al-Kadhem al-Khafaji, told an AFP journalist how 15 members of his family were 
  killed in the attack. He said the family was fleeing fierce fighting in al-Nasiriya, 
  further south, when their truck was blown up. Sitting among the 15 coffins at 
  the local hospital, he said he had lost his wife, six children, his father, 
  his mother, his three brothers and their wives. The circumstances of the attack 
  have not been clarified to AI's knowledge. 
  
  31 March : Soldiers with the US Army's 3rd Infantry Division killed seven 
  women and children when they opened fire on an unidentified four-wheel drive 
  vehicle as it approached a US checkpoint near al-Najaf. According to a Pentagon 
  spokesman, initial reports indicated that "the soldiers responded in accordance 
  with the rules of engagement to protect themselves". However, this does 
  not appear to be consistent with the version reported in the Washington Post, 
  which indicated that the officer in command at the scene believed at the time 
  that no warning shots were fired. It asserts that the officer roared at the 
  platoon leader, "You just [expletive] killed a family because you didn't 
  fire a warning shot soon enough!" 
  This version belies the official explanation that the soldiers acted in accordance 
  with the rules of engagement as apparently no warning shots were fired. (William 
  Branigin "A Gruesome Scene on Highway 9: 10 Dead After Vehicle Shelled 
  at Checkpoint" Washington Post, 1 April 2003) 
  
  1 April : In the morning, Hilla, a small town south of Baghdad, was hit 
  by air raids. According to eyewitness accounts recorded by MATW doctors Colette 
  Moulaert and Geert Van Moorter, some 20 to 25 bombs were dropped on poor, residential 
  neighborhoods. In the next half an hour, the hospital of Hilla received 150 
  seriously injured patients. According to one of the hospital's doctors, Dr. 
  Mahmoud Al-Mukhtar, the wounds were probably caused by cluster bombs. The use 
  of cluster bombs in Hilla was also confirmed by the international media.20 The 
  AFP counted at least 73 civilian deaths in Hilla over several days and their 
  correspondent reported that at the scene of the bombing dozens of parts of cluster 
  bombs were peppered over a large area. ("Bombings kill 48 more civilians 
  south of Baghdad" AFP, 2 April 2003) 
  
  3 April : Roland Huguenin the spokesperson of the International Committee 
  of the Red Cross (ICRC) in Baghdad, said they saw "incredible" levels 
  of civilian casualties south of Baghdad including "a truckload" of 
  dismembered women and children. ("Red Cross horrified by number of dead 
  civilians" CTV, 3 April 2003) 
  
  6 April : Ali Ismaeel Abbas, 12, was asleep when a missile obliterated 
  his home and most of his family, leaving him orphaned, badly burned and without 
  arms, according to a Reuters report. The boy's father, pregnant mother, brother, 
  aunt, three cousins and three other relatives were killed in night-time missile 
  strikes on their house in Diala Bridge district east of Baghdad. 
  
  6 - 7 April : Laurent Van der Stockt, a Belgian photographer who followed 
  the advancing Third Marine Battalion, testified in the French newspaper Le Monde 
  that American snipers were ordered to kill anything coming in their direction 
  when they were attacking a bridge in the outskirts of Baghdad on April 6 and 
  7. "With my own eyes I saw about fifteen civilians killed in two days," 
  he says, "I've gone through enough wars to know that it's always dirty, 
  that civilians are always the first victims. But the way it was happening here, 
  it was insane." "J'ai vu directement une quinzaine de civils tués 
  en deux jours. Je connais assez la guerre pour savoir qu'elle est toujours sale, 
  que les civils sont les premières victimes. Mais comme ça, c'est 
  absurde." 
   ( Michel Guerrin "J'ai vu des marines américains tuer des civils" 
  Le Monde, April 13, 2003) 
  
  8 April : Arab News war correspondent Essam Al-Ghalib writes :"This 
  is no longer a war against Saddam and his regime, if it ever was. It has become 
  a war against the Iraqi people," In Sanawa, witnesses told him how American 
  troops were firing at suspected Iraqi positions, some located in residential 
  areas: "One Iraqi soldier will enter a neighborhood and fire a few shots 
  at the fighter plane, and they will respond with a barrage of shots killing 
  as many as 50 civilians in the effort to get him." In the city of Hamza, 
  the Baath Party center was bombed from the air. Twenty-two corpses had already 
  been been removed. (Essam Al-Ghalib "Mounting Iraqi civilian casualties. 
  Is it war against the Iraqi people?" Arab News, 8 April 2003) 
  
  9 April : Between 50 to 100 civilians were killed on Highway 8, outside 
  Baghdad, when American troops countered an ambush by Iraqi Republican Guards 
  on a highway with a lot of civilian traffic. "I have got to protect my 
  soldiers," the U.S. commander justified the firing on civilian cars, "because 
  we don't know if it's a car-load of explosives or RPGs." (Robert Fisk 
  "We're here to fight the regime, not civilians, but I had to save my men" 
  The Independent, 11 April 2003) 
  
  10 April : Financial Times journalist Paul Eedle, witnessed that while 
  they were invading Baghdad, "The marines shot anything that they considered 
  remotely a threat." He saw U.S. marines open fire on unarmed men, women 
  and children three times in three hours. They killed five people and injured 
  five others, including a six-year-old girl. (Paul Eedle "The marines 
  shot anything they considered a threat" The Financial Times, 10 April 2003) 
  
  
  10 April : Even in territories that were already under the control of 
  the U.S. troops, civilians were killed and maimed by indiscriminate gunfire. 
  On April 10, for example, U.S. Marines admitted killing two children at a checkpoint 
  near Nasiriya. ("US 
  marines kill two children in checkpoint error" ABC News, 11 April 2003) 
  
  
  14 April : U.S. Marines admitted shooting dead at least seven Iraqis 
  in Mosul. The incident happened during protests against a pro-U.S. speech by 
  the newly installed local governor. ("US admits killing `at least seven' 
  in Mosul" The Times, 16 April 2003) 
  
  28 April : In a similar incident on April 28 in the city of Fallujah, 
  13 civilians were killed and 75 injured by U.S. troops who fired on peaceful 
  demonstrators. ("U.S. soldiers fire on Iraqi protesters; hospital chief 
  says 13 Iraqis are dead" Associated Press, 29 April 2003)