Americans of all
political persuasions are slowly beginning to face the enormity of what their
government and their armed forces have done to the country and the people of
Iraq. Out of the emerging awareness that we have been responsible for the
destruction of a country and for at least a million human casualties, we are
trying to come to grips with precisely what obligations and responsibilities
our government�s actions have placed upon us, both collectively and as
individuals.
Millions of
Americans are now participating in various forms of political action to oppose
escalation, end the war and bring U.S. forces home. Smaller numbers are active
in the movement to hold American politicians responsible for their actions
through a process of congressional hearings, impeachment and prosecution.
The Iraq Study
Group co-chairs prefaced their report, �Because of the role and responsibility
of the United States in Iraq, and the commitments our country has made, the
United States has special obligations.� But the question we are all grappling
with is the precise nature of these obligations, and the answer must be based
on the actual moral and legal nature of our country�s actions rather than on
political rhetoric.
American rhetoric
surrounding the war has claimed a baffling array of motivations for the
invasion, from destroying weapons of mass destruction (WMD) to establishing a
democracy. But American evidence for the existence of the dreaded WMD was
shamelessly fabricated, and the U.S.-backed �Iraqi Parliament� has rarely made
a quorum because so few of its members even live in Iraq. Its composition is as
much of a fabrication as General Powell�s speech at the U.N. Other
justifications presented by U.S. officials at different times have proved just
as misleading. So we cannot base a serious effort to understand our
responsibilities on any of these improvised political expedients.
The bare facts are
that the United States and its allies invaded Iraq in 2003 and have waged a war
there for four years that has killed between 500,000 and a million people and
has progressively destroyed much of the physical, governmental and societal
infrastructure of that country.
It is generally
accepted that a nation that inflicts war on another country brings on itself an
obligation to provide compensation to repair the damage it has caused. In
recent years, these obligations have increasingly been interpreted to include
payments to individual victims as well as to governments.
Arguments that have
been made against reparations in other cases do not apply to the U.S. war in
Iraq. The United States will not emerge from this war as an impoverished
country that cannot afford to pay for the costs of its actions. Neither would
this be a case of arbitrary justice -- there is no question that the United
States attacked Iraq and not the reverse. Nor would this be a case of an
innocent people being forced to pay for the actions of a dictatorial government
that they had no control over -- we elected Bush and Cheney, or at least failed
to effectively challenge their declared election victories, and our elected
representatives voted to let them take us to war.
So, in this case,
the question really becomes: �Why would the United States not owe reparations
to Iraq?� International law does not allow for a great diversity of legitimate
reasons for the use of military force -- it�s pretty much self-defense or
collective action by the Security Council; and, if only one thing is clear
about the reasons for the U.S. invasion of Iraq, it is that neither of these
justifications existed.
The only
conceivable argument against reparations would have to be that the United
States was not acting as an aggressor in its own interest, but was somehow
acting in good faith on behalf of the international community in the interest
of peace or security, albeit in defiance of its partners on the U.N. Security
Council and the judgment of almost the entire world. Many Americans still cling
to some variant of this view, in effect that the war was a terrible and tragic
mistake, but not a deliberate international crime.
Although the war
clearly violates the letter of the U.N. Charter, could it nevertheless mitigate
our moral and legal responsibility to some degree if our leaders had some good
faith rationale for their actions? But, if so, what was it? If there is a
saving truth hidden somewhere among all their lies and evasions, what could it
be?
Three years into
the war, the U.S. government�s failure to offer any serious or credible
justification of its policy led veteran correspondent Helen Thomas to ask Mr.
Bush directly at a White House press conference, �Why did you really want to go
to war with Iraq?� Predictably, Mr. Bush did not even attempt to answer her,
but she has explained in subsequent interviews why she asked him that question,
�I think the astounding thing [is that] if you were in a room with many people
and you went to 10 people and asked them why we're in this war, you would get
10 different answers . . .�
If we don�t even
know why our country attacked and occupied Iraq, and our leaders won�t tell us,
on what basis can we absolve ourselves of the obligation to compensate Iraq and
its people for what we have done to them? The simple truth is that we allowed
the damage to be done, in our name, and it is now our responsibility.
So, what would
reparations entail? Ironically, the most appropriate model for a reparations
regime to compensate Iraq would be the one imposed on Iraq itself following its
invasion of Kuwait. U.N.S.C. resolution 687 established Iraq�s legal
responsibility for the losses of Kuwait and its people, and the Iraqi
government accepted its responsibility in a letter to the council three days
later. The resolution created a compensation fund and directed the Secretary
General of the U.N. �to recommend mechanisms for determining the appropriate
level of Iraq�s contribution to the fund, taking into account the requirements
of the people of Iraq, Iraq�s payment capacity and the needs of the Iraqi
economy.�
The details were
then spelled out in UNSC resolution 705, which established a U.N. Compensation
Commission in Geneva, with representatives of each country that had a seat on
the Security Council, but without a veto for permanent members. The U.N.C.C.
received claims against Iraq totaling $352.5 billion, and eventually awarded a
total of $52.5 billion to settle 1.55 million claims. A harsh 30 percent levy
against Iraqi oil export revenues funded the payment of the claims -- this was
later reduced to 25 percent, and more recently to 5 percent. The fund has
disbursed $21 billion in 16 years, and it was decided from the outset that
awards to individual victims would receive priority and be paid before those to
the government.
By contrast, the
severe damage to Iraq�s infrastructure in the present war would require that
the post-occupation Iraqi government receive payment from the compensation fund
from the outset, along with individual war victims. Fortunately, the United
States is wealthy enough to make substantial payments both to rebuild Iraq�s
infrastructure and to help its people to bind their wounds at the same time.
Naturally, we may
wonder what total Iraqi claims against the United States would add up to. They
could quite possibly exceed the trillion dollars or so already spent on the
war, but this would be up to the compensation commission. The U.N.C.C. reduced
the amount claimed by Kuwait and its people by 85 percent, and it appears to
have conducted its deliberations fairly and impartially. We would hopefully
have the good grace to accept the authority of a similar compensation
commission and to comply with its rulings.
The most compelling
reason to pay reparations to Iraq is one of simple justice and responsibility.
But there are additional reasons that are worth considering. Nietzsche wrote
that �living and the practice of injustice are synonymous . . . For since we
happen to be the products of earlier generations, we are also the products of
their blunders, passions and misunderstandings, indeed of their crimes; it is
impossible to free ourselves completely from this chain.� And yet the whole
enterprise of human social progress is an effort to loosen this chain rather
than tighten it, and the acceptance of liability and the payment of reparations
for our actions would establish a powerful precedent to deter such behavior in
the future.
The expectation of
impunity for American war criminals and the lack of collective accountability
for their actions have granted a freedom of action to American leaders that
they have consistently abused in successive military adventures. It has also
fueled the development of the military-industrial complex that President
Eisenhower warned us about. The presumption of impunity and the profitability
of corporate militarism have proved to be a corrupting and dangerous
combination, and it would far better serve our own interests as well as our
humanity and our foreign relations to once and for all embrace both executive accountability
and collective responsibility for our country�s international behavior.
As Hannah Arendt
wrote in 1951 in The Origins of
Totalitarianism, �We can no longer simply afford to take that which was
good in the past and simply call it our heritage, to discard the bad and simply
think of it as a dead load which by itself time will bury in oblivion. The
subterranean stream of Western history has finally come to the surface and
usurped the dignity of our tradition.�
It has continued to
do so repeatedly since she wrote that. But the United Nations Charter, the
development of international human rights law, war crimes prosecutions and
reparations regimes have each played a role in establishing new standards and
gradually loosening the chain that ties us to injustice. The weakness in the
international system remains the immunity of the most powerful countries, the
veto-wielding permanent members of the U.N. Security Council, from rules that
have gradually succeeded in constraining aggression by less powerful ones.
It seems counter-intuitive that we can further our
country�s interests by accepting constraints and liabilities that no other
country has the power to enforce upon us. And yet, this is the nature of the
process that President Roosevelt began when he conceived of the United Nations
in the first place. When we understand that peace is the overarching
international value to be achieved and the precondition for solutions to all
our other problems, then we will gladly renounce such dubious privileges as
impunity for American war criminals and the freedom to launch devastating
attacks on other countries without liability.
So,
in the end, American acceptance and payment of reparations would not only
provide some compensation to the people of Iraq for what we have inflicted on
them, but it would also be an important building block for the more just and
peaceful world that we all want to bring about for our children and
grandchildren.