On November 22, 2004, the Association of Humanitarian Lawyers (AHL) and International Educational Development/ Humanitarian Law Project (IED/HLP) submitted a complaint against the United States to the Inter-American Commission on Human Rights of the Organization of American States (OAS) for attacking hospitals and clinics in Fallujah, Iraq. The Inter-American Commission has jurisdiction over all OAS member states for actions that violate the American Declaration of the Rights and Duties of Man. Alleging that attacks on hospitals and clinics violates the right to life, security of the person and the right to health, the petition seeks full remedies for the individual victims and the rebuilding and restoration of health care in Fallujah. The Commission has registered the case as Petition No. P-1258-04, United States.

The Petition was also filed under the Commission's "emergency" rules, and urged the Commission to require the United States to cease any activity that would further endanger victims. Petitioners also seek to fully document these serious violations, so that such documentation will put U.S. military officials on notice that they may someday be held individually accountable in United States or foreign courts. In addition to citing human rights law, the Petition refers to humanitarian law -- the body of law that governs armed conflict. This law includes the four Geneva Conventions of 1949 and the Hague Convention of 1907. Humanitarian law explicitly prohibits targeting of hospitals and clinics, medical personnel, and, of course, sick and wounded combatants and civilians, so the United States has no "military" defense for the Fallujah attacks.

Karen Parker, counsel in the Fallujah complaint, has been representing international human rights and humanitarian law concerns at UN human rights bodies since 1982. She has been representing UN accredited IED-HLP since 1986. She prevailed at the OAS in a similar case against the United States, after the 1983 US attack on Grenada's hospital for mentally ill and mentally retarded.

While much of the legal services in this case has been provided pro-bono, there will still be on-the-ground investigation costs, travel needs, legal briefs, witness expenses and public relations efforts. The Association for Humanitarian Lawyers raised initial funds to file the case, but now much more assistance is needed. Grants and individual donations, large and small, will allow this petition to go forward.

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