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Shafaq News/ The Iraqi legal expert, Ali Al-Tamimi, described, on Friday, the law "criminalizing normalization with the Zionist entity" that the House of Representatives voted on yesterday, as urgent as it contains several loopholes that will be revealed when it is actually implemented.
Al-Tamimi told Shafaq News Agency, "There are some points that are described as constitutional criticism, among them is that the draft law is brief and includes ten paragraphs similar to the legislation issued in Tunisia and Algeria, as the problem of Iraqi legislation is always brief."
He added, "This law applies to Iraqis inside and outside (members of security and civil institutions, state institutions, including the media, as well as the regions and means of communication, as well as civil society institutions.")
Al-Tamimi pointed out that “the law neglected the dual nationals and did not refer to a treatment concerning them, and also in the second article, the law applies to private companies, foreign institutions and investors working in Iraq, as the law did not clarify how to deal with them if they signed long-term work or cooperation contracts. He did not specify the mechanism for terminating contracts or for these companies to fulfill their obligations.
He explained that "one of the reasons for criticizing the law is that it did not address or specify the supervisory body that monitors the application of the law and how to file the complaint, and they should have referred to important explanations for the steps for moving the complaint and the method of recording and drafting the complaints. It was supposed to specify the right of the public prosecution to move the complaint, because such These crimes may occur in secrecy and secrecy, and therefore the whistleblower or complainant needs immunity and to be kept away from accountability or prosecution, and this is a very important part.”
The legal expert pointed out that "the law and in its fourth article adopted the comprehensiveness clause and did not specify the things covered by the law that specify (travel, relations or promotion of ideas, ideologies and behaviors promoting normalization with the Zionist entity), but he emphasized Article 281 of the Penal Code, which states: Implementation of the death penalty, and the retroactive effect was not disclosed.
Al-Tamimi noted, “The law neglected an important point, which is the future of the relationship between Iraq and the printing countries with Israel, whether to stay or sever the relationship,” adding: “I see if the legislators did as Tunisia did, which is imposing exorbitant penalties that are summed up in ten years imprisonment along with Imposing a large fine, such as thirty million dinars or thirty thousand dollars, as an initial ceiling that can be changed according to the person’s position and position.
He continued: "The law did not refer to articles 81, 80 and 82 for institutions, i.e. accountability of the institution, including the media, in addition to that it did not specify the penalty for high treason for employees without special grades, and these penalties are supposed to apply to anyone involved or convicted of crimes of high treason. It is related to national behavior and is not limited to presidencies, ministers and private office holders.
The Iraqi legal expert concluded by saying, "This law noted in its last articles 10.9 that it is effective from the date of its issuance (published in the Official Gazette)," likely that "the adoption of the law is urgent and contains many loopholes and flaws, which will be revealed more when applying its rationale." .
Al-Tamimi concluded his speech by "reminding those responsible for writing the final version of the law of the need to clarify the details and subtleties of matters related to it, because these details will not open the door to jurisprudence and facilitate its application on the ground."
Members of the Iraqi Council of Representatives voted in favor of a proposed law to "criminalize normalization" with Israel, a law proposed by the Sadr bloc and its allies.
The new law stipulates penalties, including life or temporary imprisonment, and aims, according to its first article, to "prevent the establishment of diplomatic, political, military, economic, cultural or any other form of relations with the occupying Zionist entity."
Article 201 of the Iraqi Penal Code stipulates that anyone who promotes the principles of Zionism, including Freemasonry, or affiliates with any of its institutions, or helps them financially or morally, or works in any way to achieve its purposes, shall be punished with death.
Iraq does not establish any relations with Israel, and the government and the majority of political forces refuse to normalize with it.
Out of 22 Arab countries, 6 countries, namely Egypt, Jordan, the UAE, Bahrain, Morocco and Sudan, have declared relations with Israel.
Those who reject normalization of relations with Israel say that it still occupies Arab lands in Palestine, Syria and Lebanon since 1967 and rejects the establishment of an independent Palestinian state with East Jerusalem as its capital.
The Iraqi "Criminalization of Normalization" Law... Gaps, Comprehensiveness and Rubber Clauses
Shafaq News/ The Iraqi legal expert, Ali Al-Tamimi, described, on Friday, the law "criminalizing normalization with the Zionist entity" that the House of Representatives voted on yesterday, as urgent as it contains several loopholes that will be revealed when it is actually implemented.
Al-Tamimi told Shafaq News Agency, "There are some points that are described as constitutional criticism, among them is that the draft law is brief and includes ten paragraphs similar to the legislation issued in Tunisia and Algeria, as the problem of Iraqi legislation is always brief."
He added, "This law applies to Iraqis inside and outside (members of security and civil institutions, state institutions, including the media, as well as the regions and means of communication, as well as civil society institutions.")
Al-Tamimi pointed out that “the law neglected the dual nationals and did not refer to a treatment concerning them, and also in the second article, the law applies to private companies, foreign institutions and investors working in Iraq, as the law did not clarify how to deal with them if they signed long-term work or cooperation contracts. He did not specify the mechanism for terminating contracts or for these companies to fulfill their obligations.
He explained that "one of the reasons for criticizing the law is that it did not address or specify the supervisory body that monitors the application of the law and how to file the complaint, and they should have referred to important explanations for the steps for moving the complaint and the method of recording and drafting the complaints. It was supposed to specify the right of the public prosecution to move the complaint, because such These crimes may occur in secrecy and secrecy, and therefore the whistleblower or complainant needs immunity and to be kept away from accountability or prosecution, and this is a very important part.”
The legal expert pointed out that "the law and in its fourth article adopted the comprehensiveness clause and did not specify the things covered by the law that specify (travel, relations or promotion of ideas, ideologies and behaviors promoting normalization with the Zionist entity), but he emphasized Article 281 of the Penal Code, which states: Implementation of the death penalty, and the retroactive effect was not disclosed.
Al-Tamimi noted, “The law neglected an important point, which is the future of the relationship between Iraq and the printing countries with Israel, whether to stay or sever the relationship,” adding: “I see if the legislators did as Tunisia did, which is imposing exorbitant penalties that are summed up in ten years imprisonment along with Imposing a large fine, such as thirty million dinars or thirty thousand dollars, as an initial ceiling that can be changed according to the person’s position and position.
He continued: "The law did not refer to articles 81, 80 and 82 for institutions, i.e. accountability of the institution, including the media, in addition to that it did not specify the penalty for high treason for employees without special grades, and these penalties are supposed to apply to anyone involved or convicted of crimes of high treason. It is related to national behavior and is not limited to presidencies, ministers and private office holders.
The Iraqi legal expert concluded by saying, "This law noted in its last articles 10.9 that it is effective from the date of its issuance (published in the Official Gazette)," likely that "the adoption of the law is urgent and contains many loopholes and flaws, which will be revealed more when applying its rationale." .
Al-Tamimi concluded his speech by "reminding those responsible for writing the final version of the law of the need to clarify the details and subtleties of matters related to it, because these details will not open the door to jurisprudence and facilitate its application on the ground."
Members of the Iraqi Council of Representatives voted in favor of a proposed law to "criminalize normalization" with Israel, a law proposed by the Sadr bloc and its allies.
The new law stipulates penalties, including life or temporary imprisonment, and aims, according to its first article, to "prevent the establishment of diplomatic, political, military, economic, cultural or any other form of relations with the occupying Zionist entity."
Article 201 of the Iraqi Penal Code stipulates that anyone who promotes the principles of Zionism, including Freemasonry, or affiliates with any of its institutions, or helps them financially or morally, or works in any way to achieve its purposes, shall be punished with death.
Iraq does not establish any relations with Israel, and the government and the majority of political forces refuse to normalize with it.
Out of 22 Arab countries, 6 countries, namely Egypt, Jordan, the UAE, Bahrain, Morocco and Sudan, have declared relations with Israel.
Those who reject normalization of relations with Israel say that it still occupies Arab lands in Palestine, Syria and Lebanon since 1967 and rejects the establishment of an independent Palestinian state with East Jerusalem as its capital.
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