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Under the Hauge Convention of 1954, the government of Iraq was required to assign guards for the cultural treasures. If Iraq was of the opinion it could not protect its treasures, it was under the obligation to find a third party to provide protectors. The extent of U.S. obligation to the Iraqi museum, at least until we had consolidated our occupation of the city, was to not interfere with its Iraqi-assigned guards. No claim has been made that the U.S. took any action to remove Iraqi guards; therefore, the failure to prevent the looting is a war crime committed by the Ba'ath regime. The U.S. is no more responsible, legally, than it would be if Hussein had gassed Tel Aviv.

That's not to say I'm disappointed that we didn't protect the treasures. But the incident belongs on Saddm Hussein's bill of indictment, not the U.S.'s.

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