Though US President George Bush delivered his “mission accomplished” speech on May 2, 2003, the conflict has continued for three and a half years. Hundreds of thousands of innocent people are now dead or injured, more than three million are displaced, several of Iraq’s cities lie in ruins, and hundreds of billions of dollars have been spent on a failed military campaign.

Each week, there are further disturbing reports from Iraq and further evidence of international law violations. Iraqi public opinion overwhelmingly favors a speedy end to the occupation, the public in the United States has signaled its disapproval of the conflict in important Congressional elections and public officials and military commanders in Washington and London are increasingly expressing misgivings.

Although the Security Council overwhelmingly rejected the resolution to authorize the war, it later gave a mandate to the occupiers, making the US-led Coalition a UN-authorized “multinational force” (MNF). Council members then hoped that the UN would assume a “vital role” in Iraq, leading the way back to peace and international legality. But the United States allowed the UN only marginal involvement. On August 19, 2003, a truck bomb destroyed UN headquarters in Baghdad and the organization drastically reduced its presence in the country.

The MNF mandate for Iraq is due to expire at the end of 2006, providing an opportunity for new thinking and new policy in the Security Council and beyond. Such policy must promptly end the occupation, promote national reconciliation in Iraq and return full sovereignty to the Iraqi people.

This report considers in detail the many serious violations of international law under the occupation and the grave consequences for Iraqis. It also considers political and economic issues in Iraq and weighs the need for change to prevent further violence. In conclusion, it proposes a number of policy recommendations that could lead to peace and reconciliation.

2 – Illegal Detention and Prisons
The US Coalition and its Iraqi government partners have held a large number of Iraqi citizens in “security detention” without charge or trial, in direct violation of international law. No Iraqi is safe from arbitrary arrest and the number of prisoners has been rising. More than thirty thousand detainees now lack fundamental rights and they are kept in deplorable physical conditions, many for long periods. US commanders have refused International Red Cross inspections and they have turned over thousands of detainees to Iraqi authorities whose prisons are seriously lacking compliance with human rights standards.

3 - Torture and Criminal Abuse
United States forces, in charge of nearly all Coalition prisons, have criminally abused and tortured large numbers of Iraqi prisoners. Hundreds of Iraqis have suffered from this inhuman treatment and some have died as a direct result. Torture has taken place in many sites across Iraq, including central prisons like Abu Ghraib, secret interrogation centers and dozens of local facilities, as well as torture increasingly taking place in Iraqi prisons.

4 - Attacks on Cities
US Coalition forces have attacked and destroyed a number of important Iraqi cities, on grounds that they were “insurgent strongholds.” The attacks have resulted in the massive displacement of people, large civilian casualties, and colossal destruction of the urban physical infrastructure. In addition to Falluja, there have been assaults on a dozen other cities including al-Qaim, Tal Afar, Samarra, Haditha, and Ramadi. The attacks include intensive air and ground bombardment and the cutting-off of electricity, water, food and medicines. The attacks have left hundreds of thousands of people in displacement camps.

5 – Indiscriminate and Especially Injurious Weapons
US Coalition forces have used indiscriminate and especially injurious weapons that are banned by international convention or widely considered unacceptable and inhuman. The US used a napalm-type incendiary weapon as well as white phosphorous munitions, the latter against ground targets in densely populated areas. During the 2003 invasion, the US Coalition also made use of depleted uranium munitions and cluster bombs. Both violate prohibitions against weapons that cause unnecessary suffering and indiscriminate harm.

6 - Killing of Innocent Civilians, Murder and Atrocities
US military commanders have established permissive “rules of engagement” for the occupation forces, allowing troops to use “deadly force” against virtually any perceived threat. As a consequence, the US and its allies regularly kill Iraqi civilians at checkpoints and during military operations, on the basis of the merest suspicion. US Coalition forces also kill many Iraqi non-combatants during military operations and air strikes. In this environment of permissive violence, some soldiers have committed pre-meditated murder, and several shocking atrocities, such as Haditha, have come to light.

7 – Massive Corruption
Under the control or influence of US authorities, public funds in Iraq have been drained by massive corruption and stolen oil, leaving the country unable to provide basic services and incapable of rebuilding. Billions of dollars have disappeared. To avoid accountability, the US and UK undercut the UN-mandated International Advisory and Monitoring Board. Iraq has suffered from stolen cash, padded contracts, cronyism, bribes and kickbacks, waste and incompetence, as well as shoddy and inadequate contract performance. Major contractors, mostly politically-connected US firms, have made billions in profits.

8 - Cultural Heritage Destroyed
The United States and its allies ignored the warnings of organizations and scholars concerning the protection of Iraq’s cultural heritage, including museums, libraries, archaeological sites and other precious repositories. Arsonists badly burned the National Library and looters pillaged the National Museum. Looters also damaged or destroyed many historic buildings and artifacts. The US badly damaged the archeological site of ancient Babylon by constructing a military base on top of it. Occupation forces destroyed or badly damaged many historic urban areas and buildings, while thieves have ruined thousands of incomparable, unprotected archeological sites.

9 – Long-Term Military Bases & the New Embassy
United States has been building enormous long-term military bases in Iraq as well as a mammoth embassy complex in the heart of Baghdad. Though Washington denies that the bases are “permanent” or that the vast new embassy has a hegemonic purpose, the elaborate multi-billion dollar construction projects suggest strategic investment for long-term operational use. Surrounded by elaborate perimeter security systems, provided with their own water and electricity, and fitted out with restaurants, swimming pools and movie theaters, these islands of US power in the heart of the country have come to symbolize the occupation.

10 – Humanitarian Issues
• Mortality/Injury
A very large number of Iraqis have died under the occupation and the rate of mortality has risen sharply. In addition to combat deaths, Coalition forces have killed many Iraqi civilians. Iraqis have also died because of untreated water and preventable disease, as well as violence by militias, gangs, and death squads. A recent study estimates more than a half million “excess” deaths since 2003. Long-term injuries are likely to affect far more.

• Large Numbers of Displaced & Refugees
As of October 2006, an estimated 1.5 million Iraqis were displaced within the country and 1.6 million were refugees abroad. The Iraqi government estimates that 50,000 people are leaving their homes each month, joining 365,000 who have become internally displaced since February. The scale of the problem and the difficulty of reaching the displaced put the crisis practically beyond the capacity of the international relief system.

• Deteriorating Conditions for Women
Since the occupation, women’s condition has deteriorated drastically. Under the increasingly sectarian society and political system, women have been driven out of jobs, forced to adopt conservative dress and social standards, and pressured to remain in the home. Violence against women has risen sharply, including kidnapping, abuse, rape and killing.

11 - Oil
Throughout the occupation, Washington has placed a high priority on shaping Iraq’s future oil laws and guiding contract distributions, so that the most lucrative fields will fall into the hands of favored companies, particularly US and UK firms. These multinational oil giants (whose Iraq interests were nationalized in 1961) have been keen to return to the country, with its enormously profitable, unexploited fields. Because oil nationalism runs strong in Iraq, Washington is motivated to continue the occupation until the oil legislation is in place, Production Sharing Agreements are signed and a tough but friendly government guarantees the oil flow.

12 – Impunity
The United States has established broad legal immunity in Iraq for its military forces, for private security personnel, for foreign military and civilian contractors, and even for the oil companies doing business with Iraq. No matter what crimes the occupiers commit, Iraqis now or in the future face legal barriers if they seek accountability. US Presidential Executive Order 13303, Order 17 of the Coalition Provisional Authority, and other official dicta, shield occupation personnel from arrest, detention, prosecution or punishment. While the US and its occupation allies have applied limited legal reckoning in a few flagrant cases that became known to the public, punishment has been light and those with command responsibility have remained beyond the law.

12 – Conclusion
Iraq has sustained huge costs – including vast physical destruction, loss of life, injury, and trauma as well as lost economic production and lost oil revenue. The United States has spent approximately $350 billion in direct government appropriations for the conflict as of October, 2006. US federal budget costs have risen from about $4 billion per month in 2003 to more than $8 billion per month. According to one estimate, total US costs, including future spending, interest on the national debt, veterans’ medical costs and other factors, have already passed $1 trillion.

Opinion polls in Iraq show that the occupation has become increasingly and decisively unpopular. Even polls commissioned by the US and UK governments demonstrate clearly that a large majority of Iraqis are critical and favor a speedy withdrawal. By a large margin, Iraqis now feel that the occupation increases insecurity and sectarian violence. More than ever, Iraqis overwhelmingly want the occupation to end.

Increasingly, Iraqis have sought broad reconciliation as a means to overcome the sectarian conflicts and end the occupation. Real reconciliation is difficult, as it must bring together very diverse political groups, including Baathists, Kurdish nationalists, resistance fighters, Islamists, secular parties, trade unionists and many others. Still, several meetings of this type have taken place – in Amman, Cairo and Baghdad. On June 25, 2006, the al-Maliki government announced a “National Reconciliation Plan” that seemed promising. But the US opposed key elements of the deal and Iraqi leaders have been unable, thus far, to move beyond the stalemate.

The occupiers are not the sole cause of Iraq’s ills. But those who started the war and occupation – particularly the US and the UK – are responsible for the false claims they made, the destruction they wrought, the chaotic and violent conditions they largely provoked and the grave violations of international law which they have committed.

The road ahead is not free of risk. Iraq will not easily recover and achieve stability. But there are clear steps that can begin a resolution of the conflict. Firstly, the Security Council must assume its responsibilities, undertake a serious review of the MNF mandate and consider alternatives for the future. The following policy recommendations suggest a path forward:

• When the mandate of the “multinational force” expires at the end 2006, the UN Security Council should not renew it.

• If the Council renews, it should limit the mandate to a period of 6 months and attach essential conditions, such as respect for international law and the inclusion of a reconciliation plan.

• Iraqis should draw up a national reconciliation plan, possibly with the assistance of the United Nations, and should synchronize its implementation with the occupation withdrawal timetable.

• The Council should press the occupiers for a speedy withdrawal of all their forces from Iraq.

• Withdrawal must be governed by a clear timetable and it must be complete, with no residual forces or bases.

• All armed groups and militias should agree to a ceasefire. As occupation forces withdraw, these groups should turn in their weapons and disband, as part of the reconciliation plan.

• The Iraqi government should speedily release all “security detainees” who have not been charged with a crime.

• A UN peacekeeping force could assist with the transition, by monitoring the ceasefire, strengthening local police forces and the judicial system, and organizing fully-credible elections.

• The international community should assist with reconstruction and rebuilding of Iraq’s infrastructure and badly-damaged cities, as well as the speedy resettlement of those who have been displaced.