6.2 |
Military planning for the invasion, January to March
2003
things. We
shaped quite a lot of the American thinking in terms of how one
should
actually
not trash the joint and try to leave something at the end for us to
regenerate
from; which
was very much the view – the view of some Americans was you
reduce
it [sic]
rubble and sort it out afterwards. That was not our
view.”280
801.
UK forces
deployed in Iraq were given clear guidance about the need
to
preserve
sites of religious or cultural significance.
802.
The ROE
profile for Op TELIC included clear guidance on the approach to
sites
of
religious or cultural significance:
“Offensive
action must be directed only against military objectives … All
feasible
precautions
are to be taken to avoid, and in any event to minimise, loss of
civilian life
and damage
to civilian objects, particularly sites of religious or cultural
significance
and
specially protected objects.”281
803.
The UK’s legal
obligations are set out in the Box below.
Whilst the
Law of Armed Conflict Provision (LOAC) has sought, generally, to
mitigate the
impact of
armed conflict, specific rules have been agreed in international
treaties with
the object
of protecting civilian property and objects with religious,
historic or cultural
significance
in particular.
Both the
1907 Hague and the 1949 Geneva Conventions include such
provision.
Article 27
of the 1907 Hague Convention IV (Respecting the Laws and Customs of
War
on Land),
provides:
“In sieges
and bombardments all necessary steps must be taken to spare, as
far
as
possible, buildings dedicated to religion, art, science, or
charitable purposes,
historic
monuments, hospitals, and places where the sick and wounded are
collected,
provided
they are not being used at the time for military
purposes”.282
280
Public
hearing, 27 January 2011, page 33.
281
Directive
CDS to CJO, 18 March 2003, ‘Chief of Defence Staff Execute
Directive to the Joint
Commander
Operation Telic, Edition 2’.
282
The Hague,
18 October 1907, ‘Convention respecting the Laws and Custom of War
on Land’ and
Annex
‘Regulations concerning the Laws and Customs of War on
Land’.
515