Published on Friday, December 12, 2003 by OneWorld.net
Cluster Bombs, Decapitation Bombing Killed Hundreds, Says Human Rights Watch
by Jim Lobe
WASHINGTON -- Hundreds of civilians were killed by Coalition cluster bombs and air strikes designed to decapitate the Iraqi leadership, according to a new report by New York-based Human Rights Watch (HRW), which said the high cost in civilian casualties caused by the two tactics may have violated the laws of war.
The report, which found that U.S.-led Coalition forces in Iraq generally tried to comply with international humanitarian law, nonetheless concluded that U.S. ground forces were too eager to use cluster munitions in populated areas, and that 50 decapitation attacks failed to hit a single one of their targets, but caused dozens of civilian deaths and injuries.
The 147-page report, Off Target: The Conduct of the War and Civilian Casualties in Iraq, also details numerous violations of international humanitarian law by Iraqi forces, including their use of human shields, the abuse of Red Cross and Red Crescent emblems, the use of anti-personnel landmines, and the deployment of weapons and other military equipment in mosques, hospitals and archaeological and cultural sites.
In many cases, the Iraqi military failed to take adequate precautions to protect civilians from military operations, and its practice of donning civilian clothes necessarily put other civilians at risk.
International humanitarian law does not outlaw all civilian casualties in wartime, but it requires armed forces to take all feasible precautions to avoid harming civilians. It also requires them to refrain from attacks that are indiscriminate or where the anticipated harm to civilians exceeds the possible military gain.
The report is based primarily on the research of three experts who conducted battle damage assessment (BDA) missions to the main areas of fighting in the Tigris and Euphrates river valleys where civilian deaths had been reported and other sites where cluster bombs were used. The delegation also relied on hospital and U.S. military records it was able to obtain.
HRW has previously conducted BDA missions to Yugoslavia and Afghanistan.
At each of the sites, the team studied the ballistic evidence and interviewed Coalition soldiers, residents, and victims for their accounts of what took place. Because Iraqi soldiers dispersed during the war, however, HRW said it proved virtually impossible to find any who took part in specific battles.
The team did not try to estimate the total number of civilian deaths that resulted from hostilities during the war. The Associated Press (AP) estimated after canvassing 60 of Iraq's 124 hospitals immediately after the war that well over 3,420 civilians were killed, while the Los Angeles Times concluded that at least 1,700 civilians were killed and more than 8,000 more injured in Baghdad after it surveyed 27 hospitals there.
London-based MEDACT, the British affiliate of International Physicians for the Prevention of Nuclear War, concluded in a study released last month that a total of between 5,700 and 7,356 civilians were killed between March 20 and May 1 as a result of hostilities. AP also reported Wednesday that an effort by the Iraqi health ministry to count the total number of casualties was suspended this week, allegedly on orders from the U.S.-led Coalition Provisional Authority (CPA).
The report concluded that the use of cluster weapons, particularly by U.S. and British ground forces, caused more civilian casualties than any other factor in the Coalitions military campaign in March and April. U.S. and British forces together used almost 13,000 cluster munitions, containing a total of nearly two million submunitions, or bomblets, that killed or wounded more than 1,000 civilians.
Most of the civilian casualties resulting from the air war occurred during a total of 50 U.S. attacks that targeted the Iraqi leadership, including two high-profile attacks against Iraqi President Saddam Hussein himself, one of which killed 18 civilians and destroyed three homes in the Mansur neighborhood of Baghdad. According to the report, each of the attacks missed their target, and Iraqis who spoke to HRW about the attacks it investigated stated repeatedly that they believed the intended targets, including the Mansur attacks on Hussein, were not even present when the strikes took place.
HRW found that the military's decapitation strategy relied almost exclusively on intercepts of satellite phones backed up by inadequate corroborating intelligence. Thuraya satellite phones used by the leadership provide geo-coordinates that are accurate to within only a 328-foot (100-meter) radius, and thus U.S. intelligence could not determine the origin of a call with a high degree of accuracy, particularly considering that population density of the targeted areas.
This flawed targeting strategy was compounded by a lack of effective assessment both prior to the attacks of the potential risks to civilians and after the attacks of their success and utility, according to the report.
The decapitation strategy was an utter failure on military grounds, since it didn't kill a single Iraqi in 50 attempts, said Roth. But it also failed on human rights grounds. Its no good using a precise weapon if the target hasn't been located precisely, he added.
On the other hand, HRW found that Coalition air strikes against pre-planned fixed targets apparently caused few civilian casualties, and the U.S. and British air forces generally avoided civilian infrastructure, although so-called dual-use targets, that included electrical and media facilities were hit.
The report also praised the relative restraint on the part of the U.S. Air Force in using cluster bombs, noting that frequency of its use of such weapons has progressively declined from the 1999 Kosovo campaign and the 2001 Afghanistan war.
But U.S. ground forces resorted much more readily to cluster munitions, according to Ross, who said they need to learn the lesson that the Air Force seems to have adopted: cluster munitions cannot be used in populated areas without huge loss of civilian life.
In a single day, U.S. cluster-munition attacks in Hilla on March 31 killed at least 33 civilians and injured 109, while the same weapon was implicated in high civilian casualties in Najaf and Nasariya, as well. One hospital director told HRW that cluster munitions caused 90 percent of the civilian injuries that his hospital treated during the war.
Moreover, the Coalition is believed to have left behind many tens of thousands of cluster-munition duds, those that did not explode on impact and then become de facto landmines that have already caused dozens of casualties.
The report also took Coalition forces to task for failing to secure vast arsenals of weapons that were abandoned by Iraqi forces during the war. Not only have these been used to mount guerrilla attacks on Coalition forces, but many civilians, including children, searching for playthings or scrap metal have been killed or injured at these sites, the report said.
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