Jeremy Bowen, a BBC correspondent, was one of the first reporters on the scene. Bowen was given access to the site and found no evidence of military use. The White House, in a report titled
Apparatus of Lies: Crafting Tragedy, states that U.S. intelligence sources reported the shelter was being used for military command purposes. The report goes on to accuse the Iraqi government of deliberately keeping "select civilians" as
human shields in a military facility at Amiriyah. USAF Major Ariane L. DeSaussur also accuses Iraq of intentionally co-mingling civilians with military personnel. Laneka West of the
US Army concurs and argues this may have been a consequence of the US destroying Baghdad's electricity infrastructure early in the war. West also argues that the location of the bunker in a densely populated area was not a violation of API Article 58.
Oxford professor
Janina Dill writes that if the US indeed knew about the presence of civilians, the attack would be a war crime. However, USAF Major Ariane L. DeSaussur argues that during the Gulf War, neither the United States nor Iraq had ratified AP1. (Iraq later ratified it in 2010, but the US has still not ratified it). However,
Human Rights Watch points out that the US in 1987 had already accepted parts of Protocol I as
customary international humanitarian law, including affirming that "attacks not be carried out that would clearly result in collateral civilian casualties disproportionate to the expected military advantage." == Memorial ==