Re-thinking humanitarian aid in the post-Gulf War era: the International Committee of the Red Cross takes the lead.

• Author: Denne, Sarah R.

It remains a cardinal humanitarian principle that innocent civilians--and above all the most vulnerable--should not be held hostage to events beyond their control. Those already afflicted by war's devastation cannot continue to pay the price of a bitter peace. It is a peace that will also prove to be tenuous if unmet needs breed growing desperation. (1)

INTRODUCTION

The cumulative effect of the more than nine-year sanctions on the Iraqi people during the 1990s was devastating. Nine years of economic, financial, and intellectual isolation caused enormous human suffering, especially among the young, women, and the elderly. The sanctions resulted in death and disease, broken lives, lost skills, violent crimes, prostitution, divorce, and family desertion, which have undermined the entire social and moral fabric of Iraqi society. The collapse of educational institutions produced higher levels of illiteracy and harmed an entire generation of children. (2)

Prior to the Gulf War, Iraq was a "high-middle-income country" with a large sector of the population inhabiting urban areas. (3) Oil production was a dominant force in the Iraqi economy, accounting for ninety percent of export earnings and sixty percent of the gross domestic product. (4) Because Iraq was insulated geographically and relied on a single lucrative export, the country was vulnerable to the effects of economic sanctions that targeted oil production, among other things. (5) While Iraq was not alone in its plight during the period of United Nations sanctions, the case of Iraq exemplifies the consequences of U.N. sanctions on the civilians of a target country. (6)

The focus of this Note is not to debate the effectiveness of economic sanctions, but rather to suggest a workable scheme by which humanitarian aid can be administered in the aftermath of comprehensive U.N. sanction regimes. My solution is to re-work the U.N. humanitarian system by creating a lead agency in the International Committee of the Red Cross (ICRC). Under this system, the ICRC will have full authority to make decisions regarding the organization of efforts and security in the field. Part I discusses the background surrounding the U.N. sanctions imposed against Iraq and the resulting humanitarian consequences. Part II describes the problems within the U.N. system and the United Nation's inadequate response to the crisis. Specifically, I address the controversial Oil-for-Food Program, the inefficient operations and arbitrary decision-making within the Iraqi Sanctions Committee, and the problems of mismanagement and lack of authority of humanitarian agencies in the field. Part III outlines the solution of creating a lead agency in the ICRC. First, I discuss how the ideology, structure, international acceptance, and status of the ICRC combine to address the precise shortcomings of the current U.N. system. Second, I propose how the ICRC can adequately address emerging security problems in the international humanitarian community. Overall, I focus on the benefits of having the ICRC as a lead agency and how this approach improves on recent attempts by the U.N. to strengthen the capacity, improve the efficiency, and regain the legitimacy of its humanitarian response.

1. BACKGROUND

   1. U.N. Sanctions Imposed on Iraq

      The United States responded to Iraq's invasion of Kuwait on August 2, 1990, by enacting Executive Order 12,722, declaring the situation in Iraq a national emergency, imposing an immediate embargo on Iraq, and freezing all Iraqi assets. (7) The U.N. Security Council (Security Council) responded shortly thereafter by initiating economic sanctions against Iraq. (8) On August 6, 1990, the Security Council adopted Resolution 661, which prohibited the export of all commodities and products from Iraq, the sale of commodities to Iraq (including military equipment), and the transfer of funds to Iraq. (9) Additionally, Resolution 661 set up the Iraqi Sanctions Committee (ISC) to monitor the implementation of these sanctions. (10) During the development of Resolution 661, there was some dissension among members of the Security Council about the inclusion of foodstuffs among items prohibited by the sanctions. In this way, Resolution 661 differed from previous sanctions regimes because the Security Council had never before listed foodstuffs as a prohibited category. Although Resolution 661 did not completely ban foodstuffs in all circumstances, a narrow exception allowed foodstuffs only in "humanitarian circumstances," and this did little to alleviate qualms within the Security Council. (11)

      In September 1990, the Security Council discovered that the Iraqi government was misappropriating donations of food and medical supplies. Instead of distributing the aid to Iraqi civilians as directed by the United Nations, the Iraqi government used the aid to support its military. (12) In response to the misuse of humanitarian donations and the growing concern that the Iraqi government was not providing adequate care to its citizens, the Security Council passed Resolution 666. Resolution 666 addressed the problem of misappropriation by requiring that "foodstuffs should be provided through the [United Nations] in co-operation with the International Committee of the Red Cross or other appropriate humanitarian agencies and distributed by them or under their supervision in order to ensure that they reach the intended beneficiaries." (13) The ISC had discretionary authority to determine whether "urgent" need existed that required immediate distribution of foodstuffs to Iraqi civilians. If the need existed, the Committee was required to "report promptly" in formulating a plan on how to deal with the urgent humanitarian situation. (14)

      After the U.S.-led military campaign against Iraq, the Security Council adopted Resolution 687 to set forth the terms of peace. (15) Resolution 687 had far-reaching effects, including defining U.N. involvement in Iraq for over a decade following its adoption in 1991. The Resolution set forth measures intended to bring peace and security to the region, while at the same time keeping in place many of the enforcement measures from Resolutions 661 and 666--namely sanctions and the authorization to "use all necessary means" for Iraqi compliance. (16) Resolution 687 differed slightly from 661 and 666 in that Resolution 687 allowed an exemption for foodstuffs and supplies "deemed essential to civilian needs," whereas 661 and 666 permitted this type of aid only in humanitarian circumstances. Although Resolution 687 was intended to improve upon previous sanctions by eliminating restrictions on humanitarian aid objected to under 661 and 666, there is little difference between an exemption where supplies are "essential to civilian needs" and an exception to a prohibition "except in humanitarian circumstances." If Resolution 687 added anything to previous sanctions, it was increased regulation of humanitarian goods. Resolution 687 neither increased efficiency nor eliminated arbitrary decision-making within the ISC. (17)

   2. The Humanitarian Crisis

      Initially, the international community looked favorably on the sanctions imposed on Iraq because the comprehensive sanctions were intended as a short-term policy strategy to pressure Iraq into withdrawing from Kuwait. Even after the U.S. invasion forced Iraq to withdraw, support remained for the sanctions as a policy tool to compel Iraqi compliance with disarmament and other U.N. resolutions in place at the time. However, a measure initially intended to apply political pressure to the government of Iraq caused great suffering to the most vulnerable section of Iraqi society. Ironically, those hardest hit by the sanctions were children, the elderly, the sick, and the poor--those with the least power to influence policy or change in the government. (18)

      Sanctions prevented Iraq from obtaining imports of food, agricultural and structural supplies, and medicine necessary to sustain society. In 1990, the sanctions cut off food subsidies and loan guarantees formerly provided by the United States. (19) Without the aid of imports from other countries, Iraq had to procure its own medicine, food, and supplies in order to maintain the pre-war standard of living and prevent a devastating humanitarian crisis. (20)

      Although the sanctions against Iraq were viewed initially as "innovative and nonviolent tools of international coercion," (21) their actual effect left the innocent civilian population to withstand the worst of deteriorating economic circumstances caused by the sanctions. The combination of the Gulf War and both economic and financial sanctions, including a ban on international oil sales and freezing of Iraqi assets, had a profound effect on the living conditions in Iraq. Civilians were deprived of necessary medicines and foodstuffs critical to their survival, and water quality and the availability of utilities decreased significantly. (22) The damage to water treatment plants during the Gulf War, combined with the inability to obtain spare parts due to restrictive sanctions, led to a significant decrease in suitable water. (23) Raw sewage flowed in the streets of several cities due to a badly damaged national sewage system. (24) The food supply began to deteriorate quickly and lower than normal harvest yields caused inadequate nutrition. The situation worsened because sanctions already restricted imports of agricultural products and foodstuffs. The government rationing system in place was at best able to supply about one-third of a normal family's food supply resulting in a shockingly low level of dietary intake. (25) With the resulting health crisis caused by the lack of clean water and severe food shortages throughout Iraq, the population was also not able to receive adequate medical care. The main problem was that health programs were desperate for supplies and spare parts to maintain machinery--which were simply not available--causing a...