In America, Hindsight is 20-120

Today, from Reuters:

Saddam on trial for genocide

...Saddam, 69, his cousin Majeed, known as "Chemical Ali", and five former commanders face charges of war crimes and crimes against humanity for their role in the 1988 Anfal campaign (or Spoils of War) against the Kurds.

Prosecutors said hundreds of villages were razed in a campaign they say left 182,000 ethnic Kurds dead or missing...

On Monday, following a three-week recess, a U.S.-based doctor demanded compensation from foreign companies she said supplied him with chemicals he is accused of using to gas Kurdish rebels.

From The National Security Archive:

The U.S. restored formal relations with Iraq in November 1984, but the U.S. had begun, several years earlier, to provide it with intelligence and military support (in secret and contrary to this country's official neutrality) in accordance with policy directives from President Ronald Reagan...

The U.S., which followed developments in the Iran-Iraq war with extraordinary intensity, had intelligence confirming Iran's accusations, and describing Iraq's "almost daily" use of chemical weapons, concurrent with its policy review and decision to support Iraq in the war [Document 24]. The intelligence indicated that Iraq used chemical weapons against Iranian forces, and, according to a November 1983 memo, against "Kurdish insurgents" as well [Document 25].

What was the Reagan administration's response? A State Department account indicates that the administration had decided to limit its "efforts against the Iraqi CW program to close monitoring because of our strict neutrality in the Gulf war, the sensitivity of sources, and the low probability of achieving desired results." But the department noted in late November 1983 that "with the essential assistance of foreign firms, Iraq ha[d] become able to deploy and use CW and probably has built up large reserves of CW for further use. Given its desperation to end the war, Iraq may again use lethal or incapacitating CW, particularly if Iran threatens to break through Iraqi lines in a large-scale attack" [Document 25]. The State Department argued that the U.S. needed to respond in some way to maintain the credibility of its official opposition to chemical warfare, and recommended that the National Security Council discuss the issue.

Following further high-level policy review, Ronald Reagan issued National Security Decision Directive (NSDD) 114, dated November 26, 1983, concerned specifically with U.S. policy toward the Iran-Iraq war. The directive reflects the administration's priorities: it calls for heightened regional military cooperation to defend oil facilities, and measures to improve U.S. military capabilities in the Persian Gulf, and directs the secretaries of state and defense and the chairman of the Joint Chiefs of Staff to take appropriate measures to respond to tensions in the area. It states, "Because of the real and psychological impact of a curtailment in the flow of oil from the Persian Gulf on the international economic system, we must assure our readiness to deal promptly with actions aimed at disrupting that traffic." It does not mention chemical weapons [Document 26].

Soon thereafter, Donald Rumsfeld (who had served in various positions in the Nixon and Ford administrations, including as President Ford's defense secretary, and at this time headed the multinational pharmaceutical company G.D. Searle & Co.) was dispatched to the Middle East as a presidential envoy.

Whereupon, famous video of handshake, blahblahblah. Then:

Rumsfeld returned to Baghdad in late March 1984. By this time, the U.S. had publicly condemned Iraq's chemical weapons use, stating, "The United States has concluded that the available evidence substantiates Iran's charges that Iraq used chemical weapons" [Document 47]. Briefings for Rumsfeld's meetings noted that atmospherics in Iraq had deteriorated since his December visit because of Iraqi military reverses and because "bilateral relations were sharply set back by our March 5 condemnation of Iraq for CW use, despite our repeated warnings that this issue would emerge sooner or later" [Document 48]. Rumsfeld was to discuss with Iraqi officials the Reagan administration's hope that it could obtain Export-Import Bank credits for Iraq, the Aqaba pipeline, and its vigorous efforts to cut off arms exports to Iran. According to an affidavit prepared by one of Rumsfeld's companions during his Mideast travels, former NSC staff member Howard Teicher, Rumsfeld also conveyed to Iraq an offer from Israel to provide assistance, which was rejected [Document 61].

Although official U.S. policy still barred the export of U.S. military equipment to Iraq, some was evidently provided on a "don't ask - don't tell" basis. In April 1984, the Baghdad interests section asked to be kept apprised of Bell Helicopter Textron's negotiations to sell helicopters to Iraq, which were not to be "in any way configured for military use" [Document 55]. The purchaser was the Iraq...(when a congressional aide asked in March 1983 whether heavy trucks recently sold to Iraq were intended for military purposes, a State Department official replied "we presumed that this was Iraq's intention, and had not asked.") [Document 44]

During the spring of 1984 the U.S. reconsidered policy for the sale of dual-use equipment to Iraq's nuclear program, and its "preliminary results favor[ed] expanding such trade to include Iraqi nuclear entities" [Document 57].

When Iraq began making public acknowledgements of chemical weapons use in February 1984, the U.S. followed up with in March with an offhand protest in a statement focussed mainly on Iranian perfidy. But it didn't stop us from wheeling, dealing, and realpoliticking:

When asked whether the U.S.'s conclusion that Iraq had used chemical weapons would have "any effect on U.S. recent initiatives to expand commercial relationships with Iraq across a broad range, and also a willingness to open diplomatic relations," the department's spokesperson said "No. I'm not aware of any change in our position. We're interested in being involved in a closer dialogue with Iraq" [Document 52].

Iran had submitted a draft resolution asking the U.N. to condemn Iraq's chemical weapons use. The U.S. delegate to the U.N. was instructed to lobby friendly delegations in order to obtain a general motion of "no decision" on the resolution. If this was not achievable, the U.S. delegate was to abstain on the issue. Iraq's ambassador met with the U.S. ambassador to the U.N., Jeane Kirkpatrick, and asked for "restraint" in responding to the issue - as did the representatives of both France and Britain.

On March 30, 1984, the UN Security Council finally issued a statement condemning use of chemical weapons without mentioning Iraq, and containing elements suggested by the Iraqi Interests Section Head...

On April 5, 1984, Ronald Reagan issued another presidential directive (NSDD 139), emphasizing the U.S. objective of ensuring access to military facilities in the Gulf region, and instructing the director of central intelligence and the secretary of defense to upgrade U.S. intelligence gathering capabilities. It codified U.S. determination to develop plans "to avert an Iraqi collapse."

The National Security Archive's conclusion:

The current Bush administration discusses Iraq in starkly moralistic terms to further its goal of persuading a skeptical world that a preemptive and premeditated attack on Iraq could and should be supported as a "just war." The documents included in this briefing book reflect the realpolitik that determined this country's policies during the years when Iraq was actually employing chemical weapons. Actual rather than rhetorical opposition to such use was evidently not perceived to serve U.S. interests; instead, the Reagan administration did not deviate from its determination that Iraq was to serve as the instrument to prevent an Iranian victory. Chemical warfare was viewed as a potentially embarrassing public relations problem that complicated efforts to provide assistance. The Iraqi government's repressive internal policies, though well known to the U.S. government at the time, did not figure at all in the presidential directives that established U.S. policy toward the Iran-Iraq war. The U.S. was concerned with its ability to project military force in the Middle East, and to keep the oil flowing.