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[size=30]Enforced Disappearance in Iraq: Auction and the Politics of Denial[/size]
[You must be registered and logged in to see this image.]4/17/2021 9:44:38 AM[rtl]The Federal Budget Law for the year 2021 of the Republic of Iraq includes a text stating that “every ministry or entity not linked to the Ministry shall bear the sums of money and their benefits for everyone who was martyred after 4/9/2003 as a result of terrorist operations ... and the families of the missing” (Article 28 / First)!The Sunni Arab representatives in the parliament considered this text a "great achievement" for them, and began using it in their electoral propaganda as an example of their "keenness" on the interests of their audience.While the text represents, in reality, an immoral concession on the rights of this public, by transforming the crime of enforced disappearance into a personal status problem !, and instead of insisting on disclosing the fate of these forcibly disappeared persons and pursuing those who committed these crimes to bring them to justice, these representatives By bartering their silence about these crimes, for miserable financial bribes for their families![/rtl]
[rtl]Enforced disappearance is defined as: “The arrest, detention, abduction, or any form of deprivation of liberty is carried out at the hands of state officials, or persons or groups of individuals who act with the permission or support of the state or with its consent, and is followed by a refusal to acknowledge the deprivation of the person of his freedom or concealment of his fate. The disappeared person or his whereabouts, which deprives him of the protection of the law. It falls within the jurisdiction and jurisdiction of the International Criminal Court.[/rtl]
[rtl]Moreover, this same system has counted, “issuing judgments and carrying out executions without the existence of a previous ruling issued by a court formally formed that guarantees all judicial guarantees” is a war crime according to the Fourth Geneva Convention of 1949 that also falls within the jurisdiction and jurisdiction of this court, especially since international experiences, in particular, In armed conflicts not of an international character, which applies to the war against ISIS / ISIS, it has been proven that most of the forcibly disappeared for many years have been executed outside the law![/rtl]
[rtl]As for the “missing person,” it is, according to the definition of Iraqi Civil Law No. 40 of 1951: “He who is absent so that he does not know is alive or dead by virtue of being missing at the request of an interested party” (Article 36/1).The most that is required to declare a person "missing" is the procedures related to personal status according to the Personal Status Law and the Care of Minors, and thus it falls within the jurisdiction of the Personal Status Courts under the Civil Procedure Law (Article 299/6).[/rtl]
[rtl]The paradox here is that the members of the House of Representatives who “cheered” for this article, never indicated that they had set “salaries” for the missing. Rather, they deliberately said that they had set them for “the absentees,” which is the term used instead of enforced disappearance, often out of ignorance and gullibility, and by Others intend to cover up the crime and not describe it with a legal description![/rtl]
[rtl]During the years 2015-2017, the reports of the United Nations Mission in Iraq included descriptions of the incidents of enforced disappearance of civilians.Its report on the human rights situation in Iraq for the period from January to June 2016 indicated that “on approximately 4 and 5 of June [2016], thousands of civilians fled their village from Saqlawiyah near Fallujah ... and were intercepted by a group. Armed in support of the Iraqi security forces, they were identified by witnesses as being from the Hezbollah Brigades.The militia immediately separated about 1,500 men and teenage boys from the women and children… On June 5, they were separated into two groups;One of them consisted of 605 men and boys, and the second of about 900 people.[/rtl]
[rtl]The report also talks about the formation of an investigation committee on June 6, by order of Dr. Haider al-Abadi, the Prime Minister at the time, and that he issued strict orders to hold accountable those responsible for any violations.But up to this moment no one has been prosecuted, and no one has been held accountable! The paradox, here, is that the United Nations Mission in Iraq itself ignored the issue and did not follow it up in its subsequent reports, which confirms the fact that it has always been a false witness in Iraq![/rtl]
[rtl]But when we return to the book of the High Commission for Human Rights in Iraq issued on October 6, 2020, to which the Deputy Speaker of Parliament refers, we will find that it states the following: “What was reported to the Commission regarding complaints of enforced disappearance are still allegations according to the legal perspective. , And the issue of proving it or not needs to be investigated by the competent authorities ».Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.[/rtl]
[rtl]What the Deputy Speaker of Parliament said can only be understood in the context of the systematic denial by the Shiite political actor of the crimes of enforced disappearance in Iraq, which are based on sectarian motives, with evidence that he did not address the scandal that the "competent authorities" that are supposed to prove the facts of the enforced disappearance or not have It “colluded” and did not fulfill its duty, just as the Iraqi legal code does not contain any article related to enforced disappearance, and therefore there is no party that can be resorted to to prove that these crimes occurred in the first place!The most that the Iraqi judiciary can do is deal with this case as a personal status issue, or a criminal kidnapping case, and not as a crime against humanity that amounts to a war crime![/rtl]
[rtl]In the end, there is no real possibility to resolve the issue of enforced disappearance in Iraq, in light of the inability of the Sunni political class to seriously pursue this issue outside the framework of political blackmail or electoral investment, and in light of the Shiite political actor's insistence on the systematic denial of these crimes to cover up the perpetrators, except through what Provided by the "International Convention for the Protection of Persons from Enforced Disappearance", which Iraq has ratified, specifically those related to the committee formed under Article 30/1, which is an agreement that allows this committee, in the event that it is informed of credible information, that a member state "commits a grave violation of the provisions of this convention." As is the case in Iraq in this regard, to ask one or more of its members to make a visit to the concerned state for verification (Article 34)!The convention also allows this committee, in the event it receives information that “includes evidence based on strong foundations, stating that enforced disappearance is generally or systematically applied” in a member state, and after it seeks all relevant information from the state concerned, “to present the matter, as a matter of urgency, to The General Assembly of the United Nations through the Secretary-General of the United Nations »There is no other way, except for this, to redress the victims and correct the matter.[/rtl]
[rtl]Enforced disappearance is defined as: “The arrest, detention, abduction, or any form of deprivation of liberty is carried out at the hands of state officials, or persons or groups of individuals who act with the permission or support of the state or with its consent, and is followed by a refusal to acknowledge the deprivation of the person of his freedom or concealment of his fate. The disappeared person or his whereabouts, which deprives him of the protection of the law. It falls within the jurisdiction and jurisdiction of the International Criminal Court.[/rtl]
[rtl]Moreover, this same system has counted, “issuing judgments and carrying out executions without the existence of a previous ruling issued by a court formally formed that guarantees all judicial guarantees” is a war crime according to the Fourth Geneva Convention of 1949 that also falls within the jurisdiction and jurisdiction of this court, especially since international experiences, in particular, In armed conflicts not of an international character, which applies to the war against ISIS / ISIS, it has been proven that most of the forcibly disappeared for many years have been executed outside the law![/rtl]
[rtl]As for the “missing person,” it is, according to the definition of Iraqi Civil Law No. 40 of 1951: “He who is absent so that he does not know is alive or dead by virtue of being missing at the request of an interested party” (Article 36/1).The most that is required to declare a person "missing" is the procedures related to personal status according to the Personal Status Law and the Care of Minors, and thus it falls within the jurisdiction of the Personal Status Courts under the Civil Procedure Law (Article 299/6).[/rtl]
[rtl]The paradox here is that the members of the House of Representatives who “cheered” for this article, never indicated that they had set “salaries” for the missing. Rather, they deliberately said that they had set them for “the absentees,” which is the term used instead of enforced disappearance, often out of ignorance and gullibility, and by Others intend to cover up the crime and not describe it with a legal description![/rtl]
[rtl]During the years 2015-2017, the reports of the United Nations Mission in Iraq included descriptions of the incidents of enforced disappearance of civilians.Its report on the human rights situation in Iraq for the period from January to June 2016 indicated that “on approximately 4 and 5 of June [2016], thousands of civilians fled their village from Saqlawiyah near Fallujah ... and were intercepted by a group. Armed in support of the Iraqi security forces, they were identified by witnesses as being from the Hezbollah Brigades.The militia immediately separated about 1,500 men and teenage boys from the women and children… On June 5, they were separated into two groups;One of them consisted of 605 men and boys, and the second of about 900 people.[/rtl]
[rtl]The report also talks about the formation of an investigation committee on June 6, by order of Dr. Haider al-Abadi, the Prime Minister at the time, and that he issued strict orders to hold accountable those responsible for any violations.But up to this moment no one has been prosecuted, and no one has been held accountable! The paradox, here, is that the United Nations Mission in Iraq itself ignored the issue and did not follow it up in its subsequent reports, which confirms the fact that it has always been a false witness in Iraq![/rtl]
[rtl]But when we return to the book of the High Commission for Human Rights in Iraq issued on October 6, 2020, to which the Deputy Speaker of Parliament refers, we will find that it states the following: “What was reported to the Commission regarding complaints of enforced disappearance are still allegations according to the legal perspective. , And the issue of proving it or not needs to be investigated by the competent authorities ».Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.Consequently, the "conclusions" and "interpretations" and "decisive rulings" stated by the Deputy Speaker of the House of Representatives that reveal a "prior position" are not true!The book never said that "there is not a single case of enforced disappearance proven in Iraq."He never said, "The commission has dealt with many of the previous allegations, and they have been found to be invalid, and nothing has been proven."Nothing has ever been mentioned in it about the "myth" of fugitives outside Iraq and those convicted of court rulings.[/rtl]
[rtl]What the Deputy Speaker of Parliament said can only be understood in the context of the systematic denial by the Shiite political actor of the crimes of enforced disappearance in Iraq, which are based on sectarian motives, with evidence that he did not address the scandal that the "competent authorities" that are supposed to prove the facts of the enforced disappearance or not have It “colluded” and did not fulfill its duty, just as the Iraqi legal code does not contain any article related to enforced disappearance, and therefore there is no party that can be resorted to to prove that these crimes occurred in the first place!The most that the Iraqi judiciary can do is deal with this case as a personal status issue, or a criminal kidnapping case, and not as a crime against humanity that amounts to a war crime![/rtl]
[rtl]In the end, there is no real possibility to resolve the issue of enforced disappearance in Iraq, in light of the inability of the Sunni political class to seriously pursue this issue outside the framework of political blackmail or electoral investment, and in light of the Shiite political actor's insistence on the systematic denial of these crimes to cover up the perpetrators, except through what Provided by the "International Convention for the Protection of Persons from Enforced Disappearance", which Iraq has ratified, specifically those related to the committee formed under Article 30/1, which is an agreement that allows this committee, in the event that it is informed of credible information, that a member state "commits a grave violation of the provisions of this convention." As is the case in Iraq in this regard, to ask one or more of its members to make a visit to the concerned state for verification (Article 34)!The convention also allows this committee, in the event it receives information that “includes evidence based on strong foundations, stating that enforced disappearance is generally or systematically applied” in a member state, and after it seeks all relevant information from the state concerned, “to present the matter, as a matter of urgency, to The General Assembly of the United Nations through the Secretary-General of the United Nations »There is no other way, except for this, to redress the victims and correct the matter.[/rtl]
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