Fallujah battles: violations of the international humanitarian law
Rohaida Nordin1, Tareq Hamid2.
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FALLUJAH BATTLES : VIOLATIONS OF THE
INTERNATIONAL HUMANITARIAN LAW
Rohaida Nordin
1
& Tareq Hamid
Universiti Kebangsaan Malaysia
Abstract
In April and November of 2004, the civilian population of Fallujah
City experienced two extremely violent battles (“the Fallujah
Battles”) initiated by the Coalition Forces (CF) in Iraq. Marked by
the killing and displacement of hundreds of thousands of people in
Fallujah City, the Fallujah Battles raise a number of issues related to
international humanitarian law (IHL), as well as concerns regarding
the legal institutions charged with the protection of international
human rights. This article generally discusses the crime allegedly
committed against civilians by the CF – which included the USA,
UK and Iraqi forces – during the Fallujah Battles. The
fi
rst part
examines the principal IHL instruments considered in relation
to acts that were committed during the Battles of Fallujah. The
discussion then considers whether actions taken against civilians,
civilian properties and medical units by the CF; and the prohibition
of International Committee of Red Cross (ICRC) from carrying out
its duties in wartime by the CF amount to violations of IHL. The
second part considers whether the use of white phosphor constitutes
a violation of contemporary IHL, particularly in relation to whether
such weapons can be considered chemical weapons prohibited by
IHL. Finally, this article discusses the potential legal mechanisms
available to prosecute alleged perpetrators of war crimes in Fallujah.
Affiliation:
- Universiti Kebangsaan Malaysia, Malaysia
- Universiti Kebangsaan Malaysia, Malaysia
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