Iraq Sanctions Case
CUBA
(b): MACEDON
(c): SERBSANC
(d): HAITI
(e): THAIBIRD
(f): USCHINA
4. Draft Author: J. Lynch (December 24, 1996)
II. Legal Cluster
5. Discourse and Status: [AGREE and INPROG]
The international community was unanimous in condemning the
Iraqi invasion and occupation of Kuwait on August 2, 1990, as
one of the most ignominious crimes in modern history. The act
violated international laws and treaties, traditional
brotherly relations between Arab and Islamic nations, and the
principles of good neighborhood. Proclaiming that Kuwait was
Iraqi territory, the Baghdad regime endeavored to obliterate
Kuwait's identity and history. In pursuing this policy, it
committed unbelievable crimes against the land of Kuwait, and
its resources, infrastructures and people.
The international community immediately realized the gravity
of the occupation of Kuwait from both a humanitarian and
political point of view. It recognized the invasion and
occupation as a violation of the international treaties
governing the relations between states, as well as an act that
violently disrupted progress towards international peace and
a new world order.
Based on these considerations, the international community
adopted a series of historic resolutions. They called for the
liberation of Kuwait, and the restoration of its territories
and legitimate government, even if this required the use of
force. Kuwait was thus liberated through an unprecedented show
of international will and solidarity.
6. Forum and Scope: (UN AND MULTI)
7. Decision Breadth: Plaintiff: International
Community, Defendant: Iraq
8. Legal Standing: Treaty
Iraq violated Chapter VII of the U.N. charter. Chapter VII
deals with actions that threaten peace. The first Article of
this chapter (Art. 39) stipulates: "The [United Nations]
Security Council shall determine the existence of any threat
to the peace, breach of the peace, or act of aggression and
shall make recommendations, or decide what measures shall be
taken in accordance with Articles 41 and 42, to maintain or
restore international peace and security." Article 41 allows
the Security Council to decide what measures--precluding the
use of armed forces--are to be to used to restore peace.
Article 42 allows the Security Council--if it finds the
measures taken under Article 41 are ineffective--to use
military forces to restore international peace.
III. GEOGRAPHIC Clusters
9. Geographic Locations
a. Continental Domain: Mideast
b. Geographic Site: East (Mideast)
c. Geographic Impact: Iraq
10. Sub-State: YES
Since the sanctions on Iraq are partially attributable to its
eradication of (Shiites and Kurds), this issue can be defined
as Sub-National.
11. Type of Habitat: [DRY]
IV. TRADE Clusters: [IMPBAN]
12. Type of measure: Import Ban
13. Direct vs. Indirect Impacts: [DIR]
On the one hand, the impact of the sanctions were direct,
because they directly impacted Iraq. However, on the other
hand, the sanctions impact were indirect or, more
appropriately put, were misdirected. The sanctions were
misdirected because they strengthened the power and resolve of
Saddam Hussein and his regime, while they weakened the Shiites
and Kurds. Hussein's power was strengthened because his
regime was able to circumscribe the intended effects of the
sanctions, i.e., to make him weaker.
Hussein's survival has been based upon the following:
SADDAM'S SURVIVAL
Iraq continues to export oil to Jordan (about 50,000 b/d).
Jordan contends that the funds that Iraq would receive for the
oil would instead be used to pay off Iraq's debt to Jordan.
However, Jordan made no commitment about refraining from new
loans to Iraq. Therefore, Jordan can contend with the letter
of the sanctions while violating its spirit; Jordan can import
Iraqi oil to repay old Iraqi debts, while extending new loans
to Iraq in a transaction that amounts to the same thing as
paying Iraq directly for the oil. Further, Turks have taken
advantage of the $2.20 price differential between heavily
subsidized Turkish oil and Iraqi oil. Turks are now estimated
to be importing between 3,500 and 4,000 b/d. (Nonetheless,
because of the shortage of equipment, Iraq's continued pumping
of petrol means the probability of an environmentally
deleterious oil spill occurring is extremely high.)
Following the Gulf War, the Iraqi government moved quickly to
set up a rationing system, which allowed for the price of some
goods to fluctuate based upon market demand: the higher the
demand the higher the price. The system cut consumption, but,
at the same time, managed to keep goods on the shelf. In
addition, the Iraqi government took vigorous action to
increase domestic food output. For example, there has been an
emphasis placed on trimming the number of livestock, so as to
free up cereals for human consumption. The reasoning behind
this is that cereals are cheaper to produce and can be used to
feed more people.(21) Thus, these adjustments have allowed
Iraq the capacity to hold out against sanctions for a longer
period of time.
Iraq is in part supporting its economy by the gold reserves
and other assets it stole from Kuwait during the Gulf War. It
is estimated by Intelligence reports that Iraq stole $4
billion in gold from Kuwaiti government coffers. The
automobiles, durable goods, and antiquities that Iraq took
from Kuwait and re-exported were estimated to be worth $300
million. An example of goods stolen from Kuwait were
Mesopotamian antiquities. Their were reports of hundreds of
looters swarming over archeological sites, carrying truckload
of cuneiform tablets back to Iraq. So successful was the
largely illegal trade in Mesopotamian antiquities, that a
thriving business in Mesopotamian fakes has also grown in
Iraq.(22)
In addition to Iraq's ability to finance itself through stolen
gold and durable goods, there are rumors abound about large,
undeclared Iraqi bank accounts abroad. Richard Newcomb,
director of the U.S. Treasury Department's Office of Foreign
Assets Control says, "It is my belief, and an operating
assumption of the U.S. Treasury, that through secret accounts
and investments, covert Iraqi front companies and clandestine
agents of his regime, Saddam Hussein is attempting to sustain
and proliferate his tools for disregarding the U.N.
embargo."(23)
14. Relation of Measure to Environmental Impact
a. Directly Related : Many
b. Indirectly Related : NO
c. Not Related : NO
d. Process Related : Many
15. Trade Product Identification: Many
16. Economic Data
Unlike the Federal Republic of Yugoslavia, Iraq's Balance of
Payments figures prior to the Gulf War are not complete:
Iraq's export levels fail to be listed. What can be discerned
form Iraq's balance of payments figures, however, is that
their import levels declined in 1990--when sanctions were
placed on Iraq.
17. Degree of Competitive Impact: HIGH 18. Industry Sector: Many 19. Exporters and Importers: Many V. Environment Clusters 20. Environmental Problem Type: Many Due to contaminated rivers, Iraq's bio-diversity has been adversely effected. Fish and Birds are dyeing from the waters toxicity levels. In addition, once fertile Iraqi land is being destroyed by improper land management. 21. Name, Type, and Diversity of Species No data, as of yet, has been given for the negligible effects the contamination of rivers has had on fish and birds. Nonetheless, upon speculation, it is estimated that the devastation the contamination has caused for the Iraqi eco- system is moderate to widespread.
22. Resource Impact and Effect: Medium and Product 23. Urgency and Lifetime: Medium and 10-20 years 24. Substitutes: Like products VI. OTHER Factors 25. Culture: YES Iraq is split between three major ethnic groups: Kurds, Shiites, and Sunni Arabs. Hussein's regime, in order to provide for the Sunni Arab minority that provides the backbone for Hussein's regime, has Supplied Sunni Arab's with ample supplies, while providing little to no supplies to Kurds and Shiites. 26. Trans-Boundary: Yes About 650,000 Iraqi refugees have crossed over the Iraqi border to Iran to escape Iraqi military operations directed against them. 27. Human Rights: Yes More than 70,000 Iraqis, nearly half of them children under 5, died in the first half of 1996 because six years of U.N. sanctions have made medicine scarce; according to a government newspaper 70,274 Iraqis died because of a lack of medicine. This report could not be confirmed by the United Nations; however, relief organizations have consistently reported higher rates of disease, malnutrition and infant mortality in Iraq, than country's on average.(24) Before the Gulf War, Iraq was one of the most affluent countries in the Middle East, with the government taking in an average of $10 billion a year from oil sales. The health crisis illustrates how much damage the sanctions have done. In 1989, the year before the embargo came into force, only 2,278 people died in Iraq because of a lack of medicine, Al-Thawra said. Of the 70,274 it said died in the first half of this year, 26,436 of them were children under five. According to U.N.I.C.E.F., about 4,500 Iraqi children have been dying each month from a variety of illnesses, compared with 600 a month before the Gulf War.(25) 28. REFERENCES "All Eyes On The Market," The Middle East, May 1995. Arbuthnot, Felicity, "U.S.A.-U.N. sanctions 'to kill a nation'," Shanti Communications. Barber, James, "Economic Sanctions as a Policy Instrument", International Affairs, vol. 33,4 Autumn 19 Beres, Louis Rene', "After the Gulf War: Prosecuting Iraqi Crimes Under the Rule of Law," Vanderbuilt Journal of International Law, vol. 20, Fall 1990. Caldwell, Robert J., "U.S.-Iraq Conflict 1996," The San Diego Union-Tribune, September 22, 1996, Sunday Clawson, Patrick, How Has Saddam Hussein Survived?, Institute for Strategic Studies: Washington, DC, 1993. Clifford Chance Homepage, 1995. "Clinton's Goal: Contain Iraq," Chicago Tribune, September 19, 1996, p28. "Down But Not Out", The Economist, April 8, 1995. Edwards, Robert, "U.N. suppresses report on Iraq suffering, " The Scotsman Publications Ltd., April 8, 1996. Faleh, Waiel (AP), "Iraqi Newspaper Says Shortage of Medicines Killed 70,000, August 1, 1996." Grieves, Forest L.,, "The Gulf Crisis, International Law, and American Foreign Policy," Montana Business Quarterly, vol. 29, Autumn 1991. "Hearing of the Near Eastern and South Asian Affairs Subcommittee of the Senate Foreign Relations Committee: Compliance By Iraq With United Nations Sanctions," Federal Information Systems Corp., August 3, 1995. Hufbauer, Gary Clyde, Schott, Jeffery J., and Ellitot, Kimberly Ann, Economic Sanctions Reconsidered: History and Current Policy, Washington: International Institute of Economics, 1985. Hufbauer, Gary, "The Futility of Sanctions", The Wall Street Journal, June 1, 1994. Huntington, Samuel P., The Third Wave: Democratization in the Late Twentieth Century, Norman: University of Oklahoma Press, 1991. IBC Home Page, Political Risk for Iraq. "ILM Background/Content Summary," International Legal Materials, vol. 30, March 1991. Isenberg, David, "Special Forces, Shock Troops for the New Order," Middle East Report, vol. 22, July/August 1992. "Kurds on the Run," The Middle East, April 1995. Manning, Bayless, "Congress, Executive, and Intermestic Affairs", Foreign Affairs, January 1977. Nathan, James A. and Oliver, James K., U.S. Policy and World Order, 4th ed., Scott Foresman and Company: Boston, 1989. Penna, David R., "The Right to Self Defense in the Post-Cold War Era: The Role of the United Nations," Denver Journal of International and Policy, vol. 20, Fall 1990. Quigley, John, "The United States and the United Nations in the Persian Gulf War: New Order and Disorder?," Cornell International Law Journal, vol. 85, Winter 1992. Schachter, Oscar, "United Nations Law In The Gulf Coast," American Journal of International Law, vol. 85, July 1991. "The Security Council Comes of Age: An Analysis of the International Legal Response to the Iraqi Invasion of Kuwait," The Georgia Journal of International and Comparative Law, vol. 21 #1, 1991. Sorenson, Georg, Democracy and Democratization: Dilemmas in World Politics, Boulder, CO: Westview Press Inc., 1993. Spero, Joan Edelman, The Politics of International Economic Sanctions, 4th edition, New York, St. Martins Press, 1990. Slomanson, Richard, Fundamental Perspectives on International Law, Western State University: San Diego, 1990. Teharami, Shibley, (Brookings Institute Visiting Fellow), "A Baghdad Family Feud With International Effects", Los Angeles Times, August 20, 1995. U.N. Security Council Resolution 706 of August 15,1991, Foreign Policy Bulletin, November/December, 1991. Van Bergeijik, Peter A.G., Economic Diplomacy, Trade and Commercial Policy: Positive and Negative Sanctions in a New World Order, Hants, UK: Edward Elger Publishing Lmt., 1993. "What to do with Saddam?," The Middle East, March 1995. Zedalis, Rex J., "Burning of the Kuwait Oil Fields and the Laws of War," Vanderbuilt Journal of International Law, vol. 24 #4, 1991.
| 1989 Import Level | $6,965,000 | 1990 Import Level | 4,834,000 |
17. Degree of Competitive Impact: HIGH 18. Industry Sector: Many 19. Exporters and Importers: Many V. Environment Clusters 20. Environmental Problem Type: Many Due to contaminated rivers, Iraq's bio-diversity has been adversely effected. Fish and Birds are dyeing from the waters toxicity levels. In addition, once fertile Iraqi land is being destroyed by improper land management. 21. Name, Type, and Diversity of Species No data, as of yet, has been given for the negligible effects the contamination of rivers has had on fish and birds. Nonetheless, upon speculation, it is estimated that the devastation the contamination has caused for the Iraqi eco- system is moderate to widespread.
| Name | Fish and Birds | Type | Animal |
22. Resource Impact and Effect: Medium and Product 23. Urgency and Lifetime: Medium and 10-20 years 24. Substitutes: Like products VI. OTHER Factors 25. Culture: YES Iraq is split between three major ethnic groups: Kurds, Shiites, and Sunni Arabs. Hussein's regime, in order to provide for the Sunni Arab minority that provides the backbone for Hussein's regime, has Supplied Sunni Arab's with ample supplies, while providing little to no supplies to Kurds and Shiites. 26. Trans-Boundary: Yes About 650,000 Iraqi refugees have crossed over the Iraqi border to Iran to escape Iraqi military operations directed against them. 27. Human Rights: Yes More than 70,000 Iraqis, nearly half of them children under 5, died in the first half of 1996 because six years of U.N. sanctions have made medicine scarce; according to a government newspaper 70,274 Iraqis died because of a lack of medicine. This report could not be confirmed by the United Nations; however, relief organizations have consistently reported higher rates of disease, malnutrition and infant mortality in Iraq, than country's on average.(24) Before the Gulf War, Iraq was one of the most affluent countries in the Middle East, with the government taking in an average of $10 billion a year from oil sales. The health crisis illustrates how much damage the sanctions have done. In 1989, the year before the embargo came into force, only 2,278 people died in Iraq because of a lack of medicine, Al-Thawra said. Of the 70,274 it said died in the first half of this year, 26,436 of them were children under five. According to U.N.I.C.E.F., about 4,500 Iraqi children have been dying each month from a variety of illnesses, compared with 600 a month before the Gulf War.(25) 28. REFERENCES "All Eyes On The Market," The Middle East, May 1995. Arbuthnot, Felicity, "U.S.A.-U.N. sanctions 'to kill a nation'," Shanti Communications. Barber, James, "Economic Sanctions as a Policy Instrument", International Affairs, vol. 33,4 Autumn 19 Beres, Louis Rene', "After the Gulf War: Prosecuting Iraqi Crimes Under the Rule of Law," Vanderbuilt Journal of International Law, vol. 20, Fall 1990. Caldwell, Robert J., "U.S.-Iraq Conflict 1996," The San Diego Union-Tribune, September 22, 1996, Sunday Clawson, Patrick, How Has Saddam Hussein Survived?, Institute for Strategic Studies: Washington, DC, 1993. Clifford Chance Homepage, 1995. "Clinton's Goal: Contain Iraq," Chicago Tribune, September 19, 1996, p28. "Down But Not Out", The Economist, April 8, 1995. Edwards, Robert, "U.N. suppresses report on Iraq suffering, " The Scotsman Publications Ltd., April 8, 1996. Faleh, Waiel (AP), "Iraqi Newspaper Says Shortage of Medicines Killed 70,000, August 1, 1996." Grieves, Forest L.,, "The Gulf Crisis, International Law, and American Foreign Policy," Montana Business Quarterly, vol. 29, Autumn 1991. "Hearing of the Near Eastern and South Asian Affairs Subcommittee of the Senate Foreign Relations Committee: Compliance By Iraq With United Nations Sanctions," Federal Information Systems Corp., August 3, 1995. Hufbauer, Gary Clyde, Schott, Jeffery J., and Ellitot, Kimberly Ann, Economic Sanctions Reconsidered: History and Current Policy, Washington: International Institute of Economics, 1985. Hufbauer, Gary, "The Futility of Sanctions", The Wall Street Journal, June 1, 1994. Huntington, Samuel P., The Third Wave: Democratization in the Late Twentieth Century, Norman: University of Oklahoma Press, 1991. IBC Home Page, Political Risk for Iraq. "ILM Background/Content Summary," International Legal Materials, vol. 30, March 1991. Isenberg, David, "Special Forces, Shock Troops for the New Order," Middle East Report, vol. 22, July/August 1992. "Kurds on the Run," The Middle East, April 1995. Manning, Bayless, "Congress, Executive, and Intermestic Affairs", Foreign Affairs, January 1977. Nathan, James A. and Oliver, James K., U.S. Policy and World Order, 4th ed., Scott Foresman and Company: Boston, 1989. Penna, David R., "The Right to Self Defense in the Post-Cold War Era: The Role of the United Nations," Denver Journal of International and Policy, vol. 20, Fall 1990. Quigley, John, "The United States and the United Nations in the Persian Gulf War: New Order and Disorder?," Cornell International Law Journal, vol. 85, Winter 1992. Schachter, Oscar, "United Nations Law In The Gulf Coast," American Journal of International Law, vol. 85, July 1991. "The Security Council Comes of Age: An Analysis of the International Legal Response to the Iraqi Invasion of Kuwait," The Georgia Journal of International and Comparative Law, vol. 21 #1, 1991. Sorenson, Georg, Democracy and Democratization: Dilemmas in World Politics, Boulder, CO: Westview Press Inc., 1993. Spero, Joan Edelman, The Politics of International Economic Sanctions, 4th edition, New York, St. Martins Press, 1990. Slomanson, Richard, Fundamental Perspectives on International Law, Western State University: San Diego, 1990. Teharami, Shibley, (Brookings Institute Visiting Fellow), "A Baghdad Family Feud With International Effects", Los Angeles Times, August 20, 1995. U.N. Security Council Resolution 706 of August 15,1991, Foreign Policy Bulletin, November/December, 1991. Van Bergeijik, Peter A.G., Economic Diplomacy, Trade and Commercial Policy: Positive and Negative Sanctions in a New World Order, Hants, UK: Edward Elger Publishing Lmt., 1993. "What to do with Saddam?," The Middle East, March 1995. Zedalis, Rex J., "Burning of the Kuwait Oil Fields and the Laws of War," Vanderbuilt Journal of International Law, vol. 24 #4, 1991.
ENDNOTES
(1) Clawson, Patrick, How Has Saddam Hussein Survived?,
Institute for Strategic Studies: Washington, DC, 1993 pp.15-
75.
(2) Ibid, pp.20-95.
(3) Quigley, John, "The United States and the United Nations
in the Persian Gulf War: New Order and Disorder?," Cornell
International Law Journal, vol. 85, Winter 1992, p. 17.
(4) Clifford Chance Homepage, 1995 and IBC Home Page,
Political Risk for Iraq.
(5) Ibid.
(6) IBC Home Page, Political Risk for Iraq.
(7) Edwards, Robert, "U.N. suppresses report on Iraq
suffering, " The Scotsman Publications Ltd., April 8, 1996.
(8) Clawson p. 33.
(9) Ibid p. 85..
(10) Faleh, Waiel (AP), "Iraqi Newspaper Says Shortage of
Medicines Killed 70,000, August 1, 1996."
(11) Ibid.
(12) Ibid.
(13) Caldwel, Robert J., "U.S.-Iraq Conflict 1996," The San
Diego Union-Tribune, September 22, 1996.
(14) Ibid.
(15) "Clinton's Goal: Contain Iraq," Chicago Tribune,
September 19, 1996, p. 28.
(16) "All Eyes On The Market," The Middle East, May 1995. See
also "What to do with Saddam?," The Middle East, March 1995.
(17) "Down But Not Out", The Economist, April 8, 1995.
(18) "Kurds on the Run," The Middle East, April 1995.
(19) U.N. Security Council Resolution 706 of August 15,1991,
Foreign Policy Bulletin, November/December, 1991, p.46.
(20) Clawson, Patrick,"How Has Saddam...." p.49
(21) Ibid, p. 49
(22) Crosette, Barbara, "Iraqis, Hurt by Sanctions, Sell
Priceless Antiquities," The New York Times, June 22, 1996.
(22) Op cit, pp. 51-3 and 57. Although highly probable, the
existence of secret bank accounts, investments, and front
companies has not been substantiated.
(23) Faleh, Waiel (AP), "Iraqi Newspaper Says Shortage..."
(24) Ibid.