VZCZCXRO8898
RR RUEHBC RUEHDA RUEHDE RUEHDH RUEHIHL RUEHKUK
DE RUEHGB #1695 1761436
ZNR UUUUU ZZH
R 251436Z JUN 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 3647
RUCNRAQ/IRAQ COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS BAGHDAD 001695 
 
JUSTICE PASS TO PHILIP LYNCH 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM SOCI IZ
SUBJECT:  Trial Begins on Destruction of Marshes and Marsh Arabs 
 
¶1. (U) Summary:  On June 24, the Iraqi High Tribunal began the trial 
of the Marsh Arabs case, which consists of crimes against humanity 
committed by Saddam's regime against Arabs living in the southern 
marshes of Iraq.   The military attacks, forced relocation and 
draining of the marshes destroyed a culture that had existed 
virtually unchanged for thousands of years.  The case is noteworthy 
because of the magnitude of the crime and the permanent 
environmental and cultural damage it caused.   End summary. 
 
¶2.  (U) Prior to 1984 the population of the marshes totaled 
350,000-500,000.  The inhabitants existed by breeding buffalo, 
hunting and fishing, and growing rice and millet.  The reeds that 
grew seven feet tall in the marshes provided food for livestock, 
building material for houses and boats and a commodity for export to 
other areas of Iraq.  The marshes were fed by the waters of the 
Tigris and Euphrates rivers. 
 
¶3.  (U) In addition to providing a sanctuary for an ancient way of 
life, the marshes were home to a wide variety of animal and aquatic 
life.  Some species existed only in these marshes.  Prior to 1984 
the marshes covered 15,000 - 20,000 square kilometers.  Today, 
because of the drainage, they cover 2,000 square kilometers.  The 
destruction of these marshes permanently altered the ecology of the 
area and endangered 40 species of animal and bird life. 
 
¶4.  (U) The pretext for the destruction of the marshes was suspicion 
that they were sheltering Iranian infiltrators.   In 1984, the 
Iran-Iraq war was at its most intense in southern Iraq.  Saddam's 
forces also suspected marsh inhabitants of aiding these infiltrators 
and began systematically destroying the marshes and relocating the 
population.  Between 1984-1992 the regime used napalm and chemical 
weapons in its attacks, poisoning the water and diverting the rivers 
to dry up the marshes.  The Marsh Arab population dropped by 83 
percent. 
 
¶5.  (U) The trial began with 32 defendants.  The most notable 
included Ali Hassan Al Majid, also known as "Chemical Ali" and 
Sabawi and Watban Ibrahim Al Hassan, half brothers of Saddam 
Hussein.  Others included former military officers and political 
officials who were in charge of the extermination effort. 
 
¶6.  (U) Prior to the testimony of the first witness, the prosecutor 
provided a brief opening statement highlighting the evidence. 
Defense attorney Abd Sittar vigorously argued that he had not been 
provided copies of the witness statements and documents that were 
part of the investigative file.  Under the law applicable to the 
Iraqi High Tribunal the prosecutor must disclose to the defense all 
material provided in the investigative case file at least 45 days 
before trial.  The trial judge, Mahmoud Salih A'ti Al Hassan, 
questioned the defense attorney as to why he had waited until the 
first day of trial to raise this issue.  Abd Sittar replied that he 
had requested the material at least three times from the prosecutor. 
 The prosecutor then stated he was planning to release the material 
in stages.  Judge Mahmoud ordered the prosecutor to provide the 
entire investigative file to the defendants. 
 
¶7.  (SBU) Comment:   This is Iraqi High Tribunal's seventh trial of 
former regime officials, and the first time embassy observers have 
witnessed an Iraqi defense attorney push back against a trial judge, 
insistently asserting the application of the law - a small victory 
for the rule of law in Iraq.  End comment. 
 
FORD