THE WTI CHARGE-SHEET: THE UNITED NATIONS

1. THE HUMANITARIAN EXEMPTION

In 1995 the UN Security Council decided on a financial allocation for the Oil-for-Food programme of $ 2 billion per six months period. The net amount to finance the humanitarian exemption came to $ 1.3 billion(1) or $ 113 per person per year for population of 22.5 million Iraqis. This amount was not based on any quantitative assessment of the basic needs of the population.

When the human conditions continued to worsen (mortality, morbidity, malnutrition, illiteracy, etc.) despite the  Oil-for-Food programme, the UN Security Council belatedly agreed two years later to double in 1998 the allocation to $ 226 per person per year. It is commonly agreed that anyone living on less than $1 per day is considered as living in absolute poverty. $113 and $226 per Iraqi per year amounted to 31 cents and 62 cents per day respectively. The UN Security Council considered that all national and personal necessities of life such as food, health services, water, sanitation, electricity, agricultural production, education could be met by such an allocation.

The UN Security Council not only limited the humanitarian exemption to such severely inadequate amounts but at the same time refused the overhaul of water, sanitation, electricity and oil installations throughout the existence of the Oil-for-Food programme. The human condition of Iraqis was further aggravated by the withholding of billions (!) of  US $ worth of vitally needed civilian supplies and equipment by the representatives of the US and UK governments in the UN Sanctions Committee.   This resulted in death and destitution of large numbers of Iraqis for which the UN Security Council, particularly the US and UK governments, as two permanent members, are fully accountable.

2. THE UN COMPENSATION COMMISSION (UN CC)

Since the beginning of the Oil-for-Food programme in 1996, thirty percent of the per phase financial allocations were transferred to the UN Compensation Commission(2), a subsidiary organ of the UN Security Council. Until mid-2004, the UNCC had paid to claimants $18.4 billion worth of compensation. During the same period the value of civilian supplies which arrived in Iraq under the Oil-for-Food programme amounted to only    $ 28 billion. While the right of compensation for those who had incurred losses as a result of Iraq's 1990 invasion into Kuwait is not disputed, a postponement of payment of claims other than those for foreign workers employed in Kuwait and Iraq,  would have saved many lives of Iraqi citizens, if these funds had been added to the humanitarian exemption. Additionally, a significantly more rigorious claims assessment to elliminate dubious claim cases, of which there are many, should have been the responsibility of the UNCC.

The UN Security Council failed to exercise its financial and substantive oversight responsibilities and must therefore be held accountable for death and destitution of Iraqis as a result of diverting Iraqi resources which were first and foremost meant for the survival of Iraqis living under Security Council imposed economic sanctions.

3.    THE NO-FLY ZONES:

The No-Fly zones were established unilaterally in 1991/1992 by the US, UK and French governments.(3) The three governments maintaining the two No-Fly zones argued at the time that this would help to protect a Kurdish population in the North and the Shi'ite population in the south. There was no United Nations mandate for such  exclusion zones. Resolution 688 of April 1991 is cited by the US and UK governments as legitimization for the maintainance of such zones. There is no enabling wording in this resolution or any other UN resolution and certainly none for the type of aggressive engagement perpetuated by the coalition forces in the  No-Fly zones, particularly in the 2002/03 run up to the March 2003 war.

Since the December 1998 US Operation Desert Fox, US/UK pilots have used the  No-Fly zones under enlarged rules of engagement. This resulted in a sharp increase in civilian casualties and distruction of non-military property. In 1999 the UN recorded 144 civilian deaths and 446 civilian injuries in the two  No-Fly zones as a result of US and UK air force attacks.(4)

The UN Security Council on no occasion initiated a  discussion of the illegality of the two No-Fly zones and the civilian casualties which arose out of the attacks by the US and UK airforces even though individual members of the council had raised these issues.

The UN Security Council has violated its oversight responsibility and must be held accountable for death and destruction in Iraq's No-Fly zones caused by the US and UK, two of its permanent members.

Footnotes:

(1) Iraq was allowed to sell $ 2 billion worth of its oil. 66 percent went to the humanitarian exemption, 30 percent to the UN Compensation Commission(UNCC) and 4 percent to UN overheads and a reserve fund. As of 2000, the percentage for the UNCC  was reduced to 25 percent and the balance added to the 66 percent.

(2) The UNCC was set up to handle claims from governments, firms and individuals who saught compensation for losses incurred as a result of Iraq's invasion intı Kuwait.

(3) The French government decided in 1996 to drop out of the “No-Fly zone coalition”.

(4) Prepared by the UN in Baghdad entitled “Air Strikes in Iraq/Reported Civilian Casualties and Damages, 28 December 1998 to 31 December 1999”.

Prepared by: Hans von Sponeck, Istanbul, 26 June 2005