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Providing reparations to Iraqi civilians for lives and property lost is a necessity. The British have already begun to do so in the zone they occupy. According to Martin Hemming of the Ministry of Defence, British policy ``has, from the outset of operations in Iraq, been to recognize the duty to provide compensation to Iraqis where this is required by the law. ..... [B]etween June 2003 and 31 July 2006, 2,327 claims have been registered .....'' Although there is no precise legal precedent from past wars that would require America to act accordingly, American forces in Iraq have now provided one: individual military units are authorized to make ``condolence payments'' of up to $2,500. The United States could, and should, do even more to compensate Iraqi victims or their heirs. Such an action might be compared to the Marshall Plan, which so powerfully redounded to America's benefit throughout the world after the end of the Second World War. As we go forward, the following points should be considered.
The number of civilians killed or wounded during the invasion and occupation, particularly in the sieges of Fallujah, Tal Afar, and Najaf, is unknown. Estimates run from 30,000 to well over 100,000 killed, with many more wounded or incapacitated. Assuming the number of unjustified deaths to be 50,000, and the compensation per person to be $10,000, our outlay would run to only $500 million, or two days' cost of the war. The number seriously wounded or incapacitated might easily be 100,000. Taking the same figure as for death benefits, the total cost would be $1 billion, or four days' cost of the war. The dominant voice in this process should be that of Iraq itself, but in supplying the funds the United States could reasonably insist on the creation of a quasi-independent body, composed of both Iraqis and respected foreigners, perhaps operating under the umbrella of an internationally recognized organization such as the International Federation of Red Cross and Red Crescent Societies or the World Health Organization, to assess and distribute compensation.
In the meantime, a respected international body should be appointed to process the claims of, and pay compensation to, those Iraqis who have been tortured (as defined by the Geneva Conventions) or who have suffered long-term imprisonment. The Department of Defense admits that approximately 3,200 people have been held for longer than a year, and more than 700 for longer than two years, most of them without charge, a clear violation of the treasured American right of habeas corpus. The number actually subjected to torture remains unknown, but it is presumed to include a significant portion of those incarcerated. Unfortunately, there exists no consensus, legal or otherwise, on how victims of state-sponsored torture should be compensated, and so it is not currently possible to estimate the cost of such a program. Given that this is uncharted legal territory, we should probably explore it morally and politically to find a measure of justifiable compensation. The very act of assessing damages--perhaps somewhat along the lines of the South African Truth and Reconciliation Commission--would, in and of itself, be a part of the healing process.
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