 
HUMANITARIAN LAW GROUPS FILE RIGHTS PETITION AT
OAS AGAINST THE UNITED STATES FOR ATTACKS ON HOSPITALS,
CLINICS IN FALLUJA
Los Angeles-based Humanitarian Law Project/International
Educational Development (HLP/IED and San Francisco-based
Association of Humanitarian Lawyers (AHL), submitted a petition
to the Inter-American Commission on Human Rights of the
Organization of American States on behalf of “unnamed, unnumbered
patients and medical staff both living and dead” at the
medical facilities in Falluja. The Commission had authority
to investigate human rights violations committed by a member
State of the OAS and to seek remedies for victims.
The Geneva Conventions prohibit attacks on any medical facility
or medical personnel, whether civilian or military. “Imagine
the outrage if the opposition in Iraq attacked one of the
medical facilities for American wounded. There would be
calls for war crimes tribunals,” stated Karen Parker, the
attorney in this action. “Rather than being “quaint” as
administration Attorney-General nominee Gonzales has said,
the Geneva Conventions and human rights agreements are meant
to prevent acts of barbarity in war. Besides preventing
atrocities, they are meant to protect GI's from the psychological
damage that afflicts people who carry out this type of action.”
Follow-up
It’s been nearly a month since the United States destroyed
the medical facilities in Falluja, and there is still no
help for the victims. Wounded children are dying for lack
of water. We added the continued refusal to provide medical
help to the lawsuit as another violation. Every loss of
life due to lack of medical care is an additional gross
violation. We also have increasing evidence of the psychological
toll on our own soldiers when ordered to commit war crimes
at this degree of gravity. No one can kill innocent people,
especially children, like this without permanent mental
damage.”
The groups also presented evidence of the use of napalm
in Falluja, as indicated by furious confrontations between
British Prime Minister Blair and members of the House
of Commons over this fact. “We are appalled at the apparent
indifference to gross violations of the Geneva Convention
by the US administration and lawmakers, but are compelled
to take this legal action to the OAS rights body,” said
Ms. Parker.
The OAS has jurisdiction over human rights lawsuits (called
“petitions”) brought against any member state of the OAS.
The Association of Humanitarian Lawyers and Humanitarian
Law Project filed their initial complaint on November
18, 2004. The Inter-American Commission on Human Rights
is in Washington, DC.
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LAW GROUPS ADD KILLED HEALTH WORKERS, EVIDENCE OF
NAPLAM USE TO FALLLUJA HOSPITAL CASE AT OAS
In a second brief, submitted December 1, 2004 to the Inter-American
Commission on Human Rights of the Organization of American
States, the Association of Humanitarian Lawyers (San Francisco)
and the Humanitarian Law Project (Los Angeles) added the
names of two health workers, two nurses and 4 doctors killed
at a clinic in Falluja to their law suit. They also provided
evidence of a catastrophic loss of life and injuries to
as-yet unnamed patients, and the near destruction of medical
care facilities in Falluja. “They even destroyed the last
remaining ambulance. It was carrying 6 patients, the driver
and a health aide and all were killed,” stated Lydia Brazon,
Executive Director of the Law Project. “These are war crimes
under the Geneva Conventions as willful killings and wanton
destruction of protected medical property.”
The groups submitted the press statement of the Swiss-based
International Committee of the Red Cross that also condemned
violations in Falluja. The group’s attorney, Karen Parker
stated, “We are glad that the Red Cross spoke up about
the legal obligation of the United States to provide for
or ensure adequate health care to victims of armed conflicts.
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