JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, October 03, 2005

Iraqi insurgents committing war crimes, rights group says
Kate Heneroty at 9:49 AM ET

[JURIST] Human Rights Watch [advocacy website; JURIST news archive] said Monday that insurgent groups are committing war crimes in Iraq by targeting civilians and other non-combatants. In a new report [text], HRW documents attacks against civilian targets and other insurgent attacks HRW says violate the laws of war:

The laws of war, binding on government armed forces and non-state armed groups, prohibit direct attacks on civilians, attacks made with no effort to distinguish between civilians and combatants, and attacks that cause civilian loss disproportionate to the expected military gain. Also prohibited are attacks intended primarily to spread terror among the civilian population. Crimes committed as part of a widespread or systematic attack against a civilian population are considered crimes against humanity. Anyone responsible for serious violations is subject to prosecution, including those commanders who ordered or knew or should have known of the unlawful attacks and did nothing. ...

The report also documents attacks against Iraqi, U.S. and other coalition military forces that violate the laws of war. Some insurgent groups have committed war crimes by executing, torturing or otherwise mistreating combatants in their custody. They have violated the laws of war by committing perfidious attacks on military targets, that is, attacks in which the attacker feigns being a civilian. And some insurgent attacks on military targets have unlawfully failed to discriminate between combatants and civilians or have caused disproportionate civilian casualties. While international law does not prohibit insurgents from attacking military targets, such attacks are violations of Iraqi criminal law for which the perpetrators may be prosecuted. Likewise, Iraqi government forces are liable under domestic law for torturing detainees and other misuses of force. This report assesses the conduct of the insurgents solely under the applicable provisions of the international laws of war.
HRW concludes that the attacks on civilian targets by insurgent groups, including al Qaeda in Iraq, Ansar al-Sunna and the Islamic Army in Iraq, "have no basis in international law" and HRW has called on political leaders to publicly condemn the attacks. The report also highlights relevant international humanitarian law [report text] and criminal responsibility for war crimes. AP has more. Read the Human Rights Watch press release.





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Illinois Senate approves medical marijuana bill
12:47 PM ET, May 18

 Colorado sheriffs challenge new gun control laws
11:08 AM ET, May 18

 France president signs same-sex marriage and adoption bill
10:41 AM ET, May 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org