Iraq: Compliance, Sanctions, and U.S. Policy
southern Iraq, including drainage of the marshes where they live. In February 2002, Iraq
allowed the U.N. human rights rapporteur for Iraq, Andreas Mavromatis of Cyprus, to visit
Iraq, marking the first such visit since 1992. Mavromatis expects to make a more extended
visit later in 2002. (See CRS Report 94-320, Iraq: Marsh Arabs and U.S. Policy)
War Crimes Trial. U.N. Security Council Resolution 674 (October 29, 1990) calls
on all states or organizations to provide information on Iraqi atrocities to the United Nations.
The Foreign Relations Authorization Act for FY1992, (P.L. 102-138, October 28, 1991,
section 301) stated the sense of Congress that the President should propose to the U.N.
Security Council a war crimes tribunal for Saddam Husayn. In later years, similar legislation
was passed by one or both chambers, including H.Con.Res. 137, (passed the House
November 13, 1997); S.Con.Res. 78, (passed the Senate March 13, 1998); and a provision
of the Iraq Liberation Act (P.L. 105-338, signed October 31, 1998).
In the aftermath of the Persian Gulf war, the U.S. Army conducted research into possible
war crimes; the report was released on March 19, 1993, after Clinton took office. Since
April 1997, the Administration has supported INDICT, a private organization that publicizes
alleged Iraqi war crimes and seeks the arrest of 12 alleged Iraqi war criminals. Although
apparently lacking international support, in August 2000, U.S. Ambassador-At-Large for War
Crimes David Scheffer said that the United States wanted to see an Iraq war crimes tribunal
established within six months, focusing on “nine major criminal episodes.” These include
the use of chemical weapons against Kurdish civilians at Halabja (March 16, 1988, killing
5,000 Kurds) and the forced relocation of Kurds in the “Anfal” campaign (February 1988, in
which an estimated 50,000 to 182,000 Kurds died); the use of chemical weapons use against
Iran; post-war crimes against humanity (the Kurds and the Marsh Arabs); war crimes against
Kuwait (oil fires, for example) and coalition forces; and other allegations. On December 1,
2000, the European Parliament adopted a resolution calling for an Iraq war crimes tribunal.
In FY2001 and again in FY2002, the State Department plans to contribute $4 million to a
U.N. “Iraq War Crimes Commission, ” to be spent if a U.N. tribunal for Iraq war crimes is
formed. (For more information on U.S. funding for Iraqi war crimes issues, see CRS Report
RL31339, Iraq: U.S. Efforts to Change the Regime.)
Resettlement of Iraqi Refugees
Desert Storm and postwar rebellions against Saddam created a flood of Iraqi refugees,
including 39,000 Iraqis in a camp in Saudi Arabia (Rafha). Of that pool, about 14,000 were
ex-soldiers (and their family members) that participated in postwar rebellions or had
surrendered to coalition forces. The Bush Administration (1989-1993) agreed to participate
in a multinational resettlement recommended by UNHCR. The total admitted to the United
States under the program were about 29,000 Iraqis, of which about 3,800 were ex-soldiers
and their families. About 5,000 Iraqis remain in Saudi Arabia as refugees, and the United
States is not resettling any more Iraqis. The FY1994 defense authorization (P.L. 103-160)
stated the sense of the Senate that there be no admissions of Iraqi ex-soldiers unless they are
certified to have assisted coalition forces after defecting and have not committed any war
crimes; the Administration says these criteria were met. In the wake of the September 1996
northern Iraq crisis, 5,900 Kurds who worked for U.S. relief operations or U.S.-affiliated
NGO’s in northern Iraq, as well as 650 opposition activists, were resettled in the United
States under the Attorney General’s parole authority.
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