Double Standards in Assessing War Crimes
When used by Saddam, White Phosphorous Bombs are considered as Chemiical Weapons
When Saddam Hussein allegedly used white phosphorous bombs against the Kurds [see Department of Defense document below], he was accused of using illegal chemical weapons.
When the US uses white phosphorous bombs in Fallujah, they were not identifed as an illegal weapon.
http://www.gulflink.osd.mil/declassdocs/dia/19950901/950901_22431050_91r.html
“The use of White phosphorus (“WP”) may also be a war crime under other international treaties and domestic U.S. laws. For example, the Battle Book, published by the U.S. Command and General Staff College at Fort Leavenworth, Kansas, contains the following sentence: “It is against the law of land warfare to employ WP against personnel targets.” Indeed, it is interesting to note that the U.S. previously called white phosphorous a chemical weapon when Saddam used it against the Kurds.”
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IIR 2 243 1050 91/POSSIBLE USE OF PHOSPHOROUS CHEMICAL
Filename:22431050.91r
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SECTION 001 OF 002
SERIAL: (U) IIR 2 243 1050 91
/*********** THIS IS A COMBINED MESSAGE ************/
BODY PASS: (U) DIA FOR ITF/JIC/OICC/; DA FOR DAMI-FII-E
COUNTRY: (U) IRAQ (IZ); TURKEY (TU); IRAN (IR).
SUBJ: IIR 2 243 1050 91/POSSIBLE USE OF PHOSPHOROUS CHEMICAL
WEAPONS BY IRAQ IN KURDISH AREAS ALONG THE IRAQI-TURKISH-IRANIAN
BORDERS; AND CURRENT SITUATION OF KURDISH RESISTANCE AND REFUGEES
(U)
WARNING: (U) THIS IS AN INFORMATION REPORT, NOT FINALLY EVALUATED
INTELLIGENCE. REPORT CLASSIFIED
———————————————————————
DEPARTMENT OF DEFENSE
———————————————————————
DOI: (U) 910300.
REQS: (U) T-8C2-2650-01-90.
SOURCE: [ (b)(1) sec 1.3(a)(4) ][ (b)(7)(D) ]
SUMMARY: IRAQ HAS POSSIBLY EMPLOYED PHOSPHOROUS CHEMICAL
WEAPONS AGAINST THE KURDISH POPULATION IN AREAS ALONG THE
IRAQI-TURKISH-IRANIAN BORDERS. KURDISH RESISTANCE IS LOSING ITS
STRUGGLE AGAINST SADDAM HUSSEIN’S FORCES. KURDISH REBELS AND
REFUGEES’ PERSONAL OBSERVATIONS AND PERCEPTIONS ARE PROVIDED.
TEXT: 1. DURING APRIL 1991, THE SOURCE TELEPHONED
BROTHER (SUBSOURCE) [ (b)(1) sec 1.3(a)(4) ][ (b)(7)(D) ]
. DURING THIS PHONE CONVERSATION,
THE SOURCE WAS ABLE TO OBTAIN THE FOLLOWING INFORMATION ON THE
PRESENT SITUATION IN KURDISH AREAS ALONG THE IRAQI-TURKISH-IRANIAN
BORDERS —
A. IRAQ’S POSSIBLE EMPLOYMENT OF PHOSPHOROUS CHEMICAL
WEAPONS — IN LATE FEBRUARY 1991, FOLLOWING THE COALITION FORCES’
OVERWHELMING VICTORY OVER IRAQ, KURDISH REBELS STEPPED UP THEIR
STRUGGLE AGAINST IRAQI FORCES IN NORTHERN IRAQ. DURING THE BRUTAL
CRACKDOWN THAT FOLLOWED THE KURDISH UPRISING, IRAQI FORCES LOYAL
TO
PRESIDENT SADDAM ((HUSSEIN)) MAY HAVE POSSIBLY USED WHITE
PHOSPHOROUS (WP) CHEMICAL WEAPONS AGAINST KURDISH REBELS AND THE
POPULACE IN ERBIL (GEOCOORD:3412N/04401E) (VICINITY OF IRANIAN
BORDER) AND DOHUK (GEOCOORD:3652N/04301E) (VICINITY OF IRAQI
BORDER) PROVINCES, IRAQ. THE WP CHEMICAL WAS DELIVERED BY
ARTILLERY ROUNDS AND HELICOPTER GUNSHIPS (NO FURTHER INFORMATION
AT
THIS TIME). APPARENTLY, THIS TIME IRAQ DID NOT USE NERVE GAS AS
THEY DID IN 1988, IN HALABJA (GEOCOORD:3511N/04559E), IRAQ,
BECAUSE
THEY WERE AFRAID OF POSSIBLE RETALIATION FROM THE UNITED STATES
(U.S.) LED COALITION. THESE REPORTS OF POSSIBLE WP CHEMICAL WEAPON
ATTACKS SPREAD QUICKLY AMONG THE KURDISH POPULACE IN ERBIL AND
DOHUK. AS A RESULT, HUNDREDS OF THOUSANDS OF KURDS FLED FROM THESE
TWO AREAS AND CROSSED THE IRAQI BORDER INTO TURKEY. IN RESPONSE TO
THIS, TURKISH AUTHORITIES ESTABLISHED SEVERAL REFUGEE CENTERS
ALONG
THE TURKISH-IRAQI BORDER. THE SITUATION OF KURDISH REFUGEES IN
THESE CENTERS IS DESPERATE — THEY HAVE NO SHELTERS, FOOD, WATER,
AND MEDICAL FACILITIES (NO FURTHER INFORMATION AT THIS TIME).
B. IRAQI GOVERNMENT ULTIMATUM TO KURDS REBELS AND
REFUGEES — ON OR AROUND 2 APRIL 1991, RADIO BAGHDAD ISSUED AN
ULTIMATUM TO THE KURDISH REBELS AND REFUGEES WHO FLED IRAQ AND
SETTLED IN REFUGEE CENTERS IN TURKEY. IN THE BROADCAST, IRAQI
AUTHORITIES WARNED THE KURDS THEY HAD 10 DAYS TO RETURN TO THEIR
TOWNS AND VILLAGES, OR ELSE FACE COMPLETE ANNIHILATION. THE IRAQI
BROADCAST ALSO PROMISED THE KURDS THAT NO RETALIATORY ACTION WOULD
BE TAKEN AGAINST THEM IF THEY WOULD COMPLY WITH THIS ORDER (NO
FURTHER INFORMATION AT THIS TIME).
C. KURDISH REBELS ARE LOSING IN THEIR STRUGGLE AGAINST
SADDAM HUSSEIN’S FORCES — KURDISH REBELS WHO WERE FIGHTING IN
NORTHERN IRAQ WERE FORCED TO WITHDRAW INTO TURKEY BY TROOPS LOYAL
TO SADDAM HUSSEIN. POOR ORGANIZATIONAL LEADERSHIP AND LACK OF
HEAVY WEAPONS, AMMUNITION, AND SUPPLIES ARE THE PRIMARY CAUSES OF
KURDISH LATEST DOWNFALL. THE ONLY GROUP CURRENTLY FIGHTING SADDAM
HUSSEIN’S FORCES IN NORTHERN IRAQ IS THE “PESHMERGEH” (FRONT
WARRIORS). HOWEVER, THIS GROUP IS ARMED ONLY WITH SMALL ARMS SUCH
AS M-60 MACHINE-GUNS, AK-47 RIFLES AND UNKNOWN TYPES OF PISTOLS
AND
REVOLVERS.
D. KURDISH REBELS’ EXPECTATION OF RECEIVING HELP FROM
U.S. LED COALITION FORCE — THE KURDISH RESISTANCE’S DECISION TO
RISE UP AND FIGHT HUSSEIN’S FORCES WAS TRIGGERED BY THE
OVERWHELMING MILITARY POWER DISPLAYED BY THE COALITION DURING
“DESERT STORM” AND THE PROPAGANDA BROADCASTS OF VOICE OF AMERICA.
KURDISH REBELS AND REFUGEES REALLY BELIEVED THAT EVENTUALLY THE
COALITION FORCE WOULD COME TO HELP THEM IN THEIR FIGHTING AGAINST
IRAQI FORCES. AFTER LEARNING OF U.S. PRESIDENT BUSH’S “STAY OUT OF
IRAQ INTERNAL AFFAIRS” POLICY, KURDISH REBELS AND REFUGEES FELT AS
THEY WERE SET UP AND LET DOWN BY THE COALITION FORCE (NO FURTHER
INFORMATION AT THIS TIME).
E. SADDAM HUSSEIN’S REASON NOT TO USE CHEMICAL WEAPONS
AGAINST THE U.S. LED COALITION FORCE DURING “DESERT STORM” — THE
GENERAL PERCEPTION AMONG THE KURDS IS THAT PRESIDENT HUSSEIN DID
NOT USE CHEMICAL WEAPONS AGAINST THE COALITION BECAUSE HE WAS
AFRAID THAT ALLIES WOULD RETALIATE BY USING BATTLEFIELD NUCLEAR
WEAPONS (NO FURTHER INFORMATION AT THIS TIME).
COMMENTS: 1. (SOURCE COMMENT) – IRAQ USED WP IN ERBIL
AND DOHUK BECAUSE THEY WANTED THE KURDS TO PANIC AND FLEE FROM THE
AREA.
2. [ (b)(1) sec 1.3(a)(4) ][ (b)(7)(D) ]
3. (SOURCE COMMENT) – MOST OF THE SMUGGLING OF REFUGEES
ALONG THE IRAQI-TURKISH-IRANIAN BORDERS OCCURRED AT NIGHT.
4. (FIELD COMMENT) – ACCORDING TO THE TIMES’ WORLD
ATLAS, THE TWO IRAQI PROVINCES ERBIL AND DOHUK ARE ALSO CALLED
ARBIL AND DIHOK RESPECTIVELY.
//IPSP: (U) PGW 2650//.
//COMSOBJ: (U) 211//.
ADMIN PROJ: (U) 252132.
INSTR: (U) US NO.
PREP: (U) 500TH MI BDE.
ACQ: (U) TOKYO, JAPAN (910409).
DISSEM: (U) FIELD: NONE.
WARNING: (U) REPORT CLASSIFIED
