Institution: International Court of Justice

Event: Pearl-MUN 2003

Presiding: Ghazi Al-Sharhan

Assisted by: Ali Al Wazzan, May Zuiter, and Others

 




The Case of the United States

Advocate: Khaled Shahroor

Versus
The Former Baathist Republic of Iraq

Advocate: Ahmad Al Shammari




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An Appropriate Theme
("Tragedy")

 

 

A. CASE BACKGROUND

 

April 24th, 2003

Today, Coalition forces in Iraq announced the arrest of former Iraqi president Saddam Hussein. Through an interpreter Saddam defiantly proclaimed himself as current president of Iraq. Not only that he claimed that not only did Iraq never possess any WOMD, but he claimed the United States government's invasion was totally illegal.

 

April 25th, 2003

In a surprising move, the current Iraqi interim government, headed by Shaikh Ahmad Yougoys, despite forceful US opposition, Iraq announced that it had no intention of trying Mr. Hussein for "war crimes." Ahmad said, "At this time Iraq sees no real benefit into have a trial of Saddam. We see this trial as divisive of Iraq's society and example the kind of thing designed to slow the healing process in Iraq."

 

April 27, 2003

The United States showed continued interest in assembling a war-crimes tribunal in order to try Saddam and the "Pack of 56." However, France, Germany, and the Soviet Union promised that they would block any moves on the US's part in assembling a tribunal. On its side, the Netherlands, host of the ICJ and the War-Crimes tribunals said it felt that it was "inappropriate" for the United States to charge Mr. Saddam in a War-Crimes trial as it had Miloslovak, particularly given the attitude of the interim Iraqi government. Said Holland's president:

"This is victor's justice. Saddam would not even be up for trial if the United States did not force him to trial. In taking on this case we'd be admitting to the justice of the War. We will not allow it to take place."

Meanwhile, Colin Powell continued, on his part, to offer an American military trial as an alternative. France, Germany, and the United States vowed to bring this up with the Security Council.

George Bush, hearing of their stand stated, "Hey, you can't veto an American military action."

 

April 28, 2003

Today, the president of the ICJ reiterated its willingness to give Mr. Saddam his "day in court" only if the case can be posed as a case between nations. The ICJ, he reiterated, does not try individuals.

Meanwhile, the Bush administration voiced its continuing criticism of the ICJ and the World Court idea. They claimed that such a court would only result in "political justice" in which judges vote their political position rather than their beliefs. Meanwhile, France, Germany, and Russia, voiced their continued willingness to veto any UN resolution to lift sanctions on Iraq if the US proceeded with a Noriega-style, American-based trial of Mr. Hussein. Saudi Arabia and other American Arab allies voiced cautious support for an ICJ trial of Hussein, citing the successful conclusion of the Libya case as proof that both Arabs and the West in ICJ cases. President Khatami of Iran also agreed with this saying, "if the US really believes that their case is just, they'll fear no justice."

 

April 30, 2003

After a tense meeting, Colin Powell, Ahmad Yougoys, and Jacques Chirac emerged with a joint agreement under which Mr. Hussein would undergo an ICJ trial. Under the agreement, Iraq agreed to the following:
(1) Mr. Hussein would be tried as the "president of Iraq," but any negative judgments against Mr. Hussein would only be leveled against Saddam and his family.
(2) Mr. Hussein and the United would not be allowed to interview anyone within Iraq.
(3) The trial will not involve issues regarding Kuwait and Iran.

It was widely understood, by all parties, that if the case went against Saddam, France would lift all of its objections to a War Crimes tribunal in the Netherlands. The ICJ, for its part, suggested that, if the case went against "Iraq," it would suggest this as part of the case's remedy measures.

For his part, Hussein reiterated his defiance, "I will cut of their heads," he threatened, "The Arab nation will win through me. This will be the Mother of All Court Cases."

 

The ICJ Case as Framed

The United States Claims
(1) Iraq continued to possess WOMD contrary to the various treaties signed to end the first Gulf War, under Saddam.
(2) Iraq continued to support "terrorist groups" with training and the aforementioned WOMD, under Saddam.

The Iraq Republic (Saddam) Counterclaims
(1) All of the American claims are false.
(2) The American invasion, in response, is totally illegal, and an act of offensive war, contrary to the Nuremberg Trials.

 

 

 

B. United States Memorial



Statements of Facts:

1. Although Iraq has been warned not to use/make any weapons of mass destruction, in many treaties, it has violated both of these rules.
2. Iraq has used chemical weapons before against Iran (13th March 1984), and also against the Kurds in northern Iraq (18th March 1988).
3. Iraq has been accused of more than 50 accusations of using chemical warfare against Iran only, killing almost 2309 people by poison gas.
4. Iraq has tried to produce nuclear warfare before, and still possesses all what is required to produce one.
5. Although Iraq was asked to cooperate with weapons inspectors in a UN resolution, it failed to do so.
6. Iraq has offered aid, and supported terrorist groups in economic, and military ways.
7. Iraq has been linked to many terrorist groups including Al-Qaeda, and similar groups in Nigeria.


Legal Claims:

Both Iran (1929) and Iraq (1931) are parties to the Geneva ProtocoI, which prohibits the use of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, as well as the use of bacteriological methods of warfare. Also The UN Security Council has issued a statement condemning the use of chemical weapons during the Gulf War. It remains uncertain whether the sources of supply were indigenous or external. Export controls have been placed on certain chemicals that could be used in the production of mustard and nerve gases.

Also, as of 2002-2003 the UN has asked Iraq to cooperate with weapons inspectors on countless occasions, and it has not only been uncooperative, but hid all of its restricted warfare, so as the inspectors donít find them. Some resolutions that asked Iraq to cooperate, and stop making these weapons are numbered 707, and 687 both are UN-SC resolutions.

All this states that Iraq has been THREATENED WITH severe consequences for using such inhumane methods of attack, and yet they still produce chemical weapons, and biological weapons, and have plans to posses nuclear weapons.



Judgment Requested:

Since the United States sees Iraq, as the whole world sees it, a terrorist country, that terrorizes its neighbors with weapons of mass destruction, the United States believes that the court should:
1. Allow the United States to run Iraq until all weapon-related accusations are cleared.
2. Allow a United States search team to look for weapons of mass destruction, or anything associated with them, and when found to be destroyed by this team.
3. Put certain sanctions on the imports, and exports of any chemicals that can be used to produce any sort of weapons of mass destruction (such as anthrax).
4. ORDER Iraq to share all its information with the United Nations about weapon-production when the new Iraqi government is put into action.
5. Pay fines for the damage, and chaos it caused while ignorantly ignoring the UN resolutions, and defying them.
6. All Iraqi weapons scientists should be captured, and imprisoned because of their alleged helpings in defying the UN.
7. Anybody linked to any terrorist group, if found, will be handed to the United States for trail, and anybody who is found guilty will get the death penalty.
8. Give permission to the United States to form a similar group as the CIA located in Iraq to track down terrorist, and terrorists-linked people.

 

 

 

C. COUNTER-MEMORIAL:
BAATHIST REPUBLIC OF IRAQ




Statements of Facts:

1. The Geneva Protocol was ratified and signed by Iraq at 1931, and was ratified by most supreme countries including the USA
2. After the Gulf War, Iraq budget was in debt of more than $63 billion.
3. Israel destroyed the nuclear reactor program in 1980
4. After the Gulf War, UN inspectors began to track them down and destroy them. In 1998, when the UNís work was nearly complete, US-UK air attacks ended the inspection process destroying the rest.
5. Israel in 1967 was asked to get out of the occupied territories by a Security Council Resolution, but it ignored it because USA was on its side.
6. Israelís military program is being aided by the US.
7. Iraq funds Liberation parties in Palestine, not terrorist
8. US funded revolutionary forces in Iraq 1994 revolutionary parties
9. When UN inspection teams resumed their work under resolution 1441, beginning in mid-November 2002, they found no evidence of such weapons prior to the US-UK war.
10. Although no evidence of WOMD in Iraq was found, USA and UK stopped the inspectors work before they finished, and attacked Iraq
11. The war faced strong opposition from France, Germany, Russia, China and the great majority of UN member states as well as world public opinion because of its illegality.
12. Iraq has no contact with Al-Qaeda, and did not bomb the Kurds


Legal Claims:

The coalition forces attacked Iraq violating the UN charter, Iraqís national sovereignty and ignoring the worlds view. Also, itís violating its right in being in the Security Council, article 24. The coalition forces used assumption and auguries to predict and forecast reasons to attack Iraq. No solid evidence was presented.

In November 1967 the UN Security Council adopted Resolution 242, which called for Israeli withdrawal from territories occupied in the recent conflict in return for Arab recognition of Israelís independence, peace, and secures borders. Israel did not cooperate. Thus Israel is a terrorist nation that disobeys Security Council resolution, so its an outlaw. Therefore, because the US is funding it, then itís the US is funding outlaws. In the other hand, Iraq is funding hopeless Palestinian freedom fighters from the terrorizing Israelis forces. Those Palestinian freedom fighters are trying to enforce 1441 and get the Israelis out. The US also funded revolutionary forces in Iraq at 1994. Therefore, the US is the only one funding terrorists. In addition, the US used Agent Orange upon Vietnamese lands violating the Geneva Protocol. So the protocol isnít working.

In Conclusion, Iraq is innocent from the US claims of obtaining WOMD and funding terrorists. Moreover, US is guilty of obtaining WOMD, violating the Geneva protocol, attacking a peaceful Iraq, and funding terrorist nations.


Judgment Requested:

1. That the United States retreat from Iraq and either
a. Saddam takes over again
b. The UN takes over
2. That the United States shall compensate all Iraqi citizens for damages
3. United States shall cut funding to Israel
4. Israel to retreat from Palestine
5. ORDER the US to enforce the 242 resolution and take Israel out of the occupied lands.
6. ORDER US to formerly apologize to all the nations of the world
7. Remove all sanctions against Iraq
8. That all statues of Saddam to be put back in place
9. The overthrow of the current US government.

 





D. ICJ Resolution

 

1. Facts agreed upon by judges:

A. Inspections were not conclusive
B. Inspections were not effective
C. Iraqis are liars
D. Evidence the US. submitted was not conclusive
E. Not convinced that Iraq destroyed all WOMDs
F. Iraq not supporter of terrorism

 

2. Verdict:
A. Weapons inspections shall be continued, and will be UN run. Also, Blix should not be part of this UN inspection team.
B. UN will monitor the US. governing of Iraq.
C. Limit the number of Iraqi scientists to be interviewed by the US. to those who are directly linked to the production of WOMDs.
D. US. shall pay all innocent Iraqi citizens directly damaged by the war an amount that is to be determined by a special UN court.
E. brll sanctions on Iraq are to be lifted immediately except those on materials that can be used in the productions of WOMDs, which will be lifted after the UN inspections are over.
F. If the inspectors do not find anything within two years, then the US. will pay for all costs of the war for Iraq and apologize formally to the world.
G. The UN weapon inspectors should go to Israel and search for any WOMDs. If found, Israel will have to give up these WOMDs.
H. Order the US. to enforce the SC resolution 242 and force Israel out of the falsely occupied lands.
I. Iraq shall pay for the families of Israeli innocent civilian victims who were attacked by Iraqi-funded Palestinian suicide bombers.