Petition on Behalf of the Children of Iraq Submitted to the United Nations Charging President Bush and U.S. Authorities Actions Constitute Acts of Genocide

Arab Studies Quarterly (ASQ), Fall, 2001 by Francis Boyle

(25.) According to Article IV of the Genocide Convention, persons committing genocide or any of the other acts enumerated in Article III shall be punished, whether they are constitutionally responsible rulers, public officials, or private individuals. This basic requirement of the Genocide Convention is fully applicable to Respondent George Bush.

(26.) According to Article V of the Genocide Convention, the Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the Genocide Convention and, in particular, to provide effective penalties for persons guilty of genocide or of any of the other acts enumerated in Article III.

(27.) Pursuant to Article V, the Congress of the United States of America adopted what is called implementing legislation for the Genocide Convention that makes genocide a crime under U.S. federal criminal law. Basically following the terms of the Genocide Convention, this Genocide Convention Implementation Act of 1987 (found in Title 18 of the United States Code) defines the crime of "genocide" as follows:

[section] 1901. Genocide

(a) BASIC OFFENSE - Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such --

(1) kills members of that group;

(2) causes serious bodily injury to members of that group;

(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5) imposes measures intended to prevent births within the group; or

(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b).

(28.) According to subsection (d), the basic offense must be committed either within the United States, or by a national of the United States. The penalty for violating subsection (a)(1) is a fine of not more than $1 million and imprisonment for life. The penalty for violating subsections (a)(2) to (a)(6) is a fine of not more than $1 million or imprisonment for not more than twenty years, or both.

(29.) Under the definitional provisions of this Act, 225,000 dead Iraqi children clearly constitute a "substantial part" of "a national, ethnic, racial, or religious group as such." The continuation of economic sanctions against Iraq will (1) kill at least 170,000 more Iraqi children by the end of the year; (2) "cause serious bodily injury to" Applicants, The 4.5 Million Children of Iraq; (3) "cause the permanent impairment of the mental faculties of" Applicants; and (4) subject Applicants "to conditions of life that are intended to cause the physical destruction of the group in whole or in part...."

(30.) Only the "specific intent" of Respondent George Bush to commit genocide against Applicants remains to be proven beyond a reasonable doubt to establish his criminal responsibility under United States municipal law and international criminal law. The open publication and widespread dissemination of the Harvard Report on 22 May 1991 makes that task possible. Any Bush administration official responsible for implementing the economic sanctions policy against Iraq who has knowledge of the conclusions of the Harvard Report would possess the "specific intent" required to serve as the mental element or mens rea of the international and municipal crime of genocide against Applicants, The 4.5 Million Children of Iraq. Applicants assert that Respondent George Bush has full knowledge of the genocidal consequences of the continuation of economic sanctions against Iraq and therefore has the mens rea necessary for committing the crime of genocide as recognized by the Genocide Convention and the Genocide Implementation Act.