Sultan - International Protection of Human Rights - Spring 1991
Sultan
International Protection of Human Rights
Spring 1991
President Bush's political advisors inform him that his response to the Kurdish
exodus from Iraq has seriously eroded the very large "political capital" that
resulted from the uniquely successful military operation known as "Operation
Desert Storm." They suggest that he act in a positive way to respond to this
erosion, namely, that he expeditiously use existing institutions to enhance his
ability to respond to expected Democratic attacks regarding the Kurds in the
upcoming 1992 presidential election. Specifically, they suggest that he direct the
United States Government (his Administration) to bring criminal and civil charges
against individual members of the Revolutionary Council (that formulates and
executes the policy of the Iraqi government under its chairman, Sadam Hussein)
as well as against the state of Iraq, for violations of war crimes and of the
Genocide Convention to which Iraq is a signatory without reservation. They also
suggest that he have his Administration bring complaints against the individual
members of the Revolutionary Council and the state of Iraq in the United Nations
for violations of the human rights of the Kurds and of the Shiites. It is the belief of
the President's political advisors that these actions, if taken, would assist his
standing regarding the Kurdish refugee problem during the forthcoming election.
President Bush responds that he will "have his legal people at State, look over
these possibilities." What issues of human rights law do these suggestions raise?
What substantive law is applicable to these issues? How will they probably be
resolved, and why will they probably be resolved in that manner?
END OF EXAMINATION
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