S-class with an Iraqi occupation license plate. Controversy rose on the destruction of the Iraqi forces in the Highway of Death. Commentators argued that the destruction of the retreating Iraqi units was a disproportionate use of force, saying that they were retreating from Kuwait in compliance with
UN Resolution 660 which was passed 2 August 1990. It had been followed by UN Resolutions
661,
662,
664,
665,
666,
667,
669,
670,
674, and
677 continuing the UN's demands that Iraq retreat for Kuwait before
UN Resolution 678 authorized UN member states to use "all necessary means" to remove Iraqi forces from Kuwait. Other criticisms levied were that the column included Kuwaiti
hostages and civilian refugees with the latter reported to have included women and children family members of pro-Iraqi,
PLO-aligned Palestinian militants and Kuwaiti collaborators who had fled shortly before the returning Kuwaiti authorities pressured nearly
200,000 Palestinians to leave Kuwait. Activist and former
United States Attorney General Ramsey Clark argued that the attacks violated the
Third Geneva Convention, Article 3, which prohibits killing soldiers placed '
hors de combat' (out of combat) due to sickness, wounds, detention, or any other cause. However other commentators point out that under current international law retreating is explicitly a military action and thus retreating soldiers are not out of combat. "Geneva Protocol I Article 41.2 defines 'hors de combat' as a person who is "in the power of an adverse Party", is expressing an intention to surrender, or is incapacitated; however it explicitly includes that hostile acts or attempting to escape (i.e. retreat) removes this protected status. Additionally, journalist
Seymour Hersh, citing American witnesses, alleged that a platoon of U.S.
Bradley Fighting Vehicles from the
1st Brigade, 24th Infantry Division opened fire on a large group of more than 350 disarmed Iraqi soldiers who had surrendered at a makeshift military checkpoint after fleeing the devastation on Highway 8 on February 27, apparently killing several soldiers. The
U.S. Military Intelligence personnel who were manning the checkpoint claimed they too were fired on from the same vehicles and barely fled by car during the incident. Before the
U.S. Military Police were deployed to guard the wreckage, looting of functional Iraqi weapons took place. Coalition leader General
Norman Schwarzkopf stated in 1995: Photojournalist
Peter Turnley published photographs of mass burials at the scene. Turnley wrote:
Time magazine commented: ==In popular culture==