Time to End Impunity

Correctly acknowledge and address injustice is the only way to keep up the moral authority of the international community

The Human Rights Council opened its 25th session on March 3, 2014. The session started with a statement from the High Commissioner for Human Rights, in which she presented the progresses and challenges of human rights. As key challenges she identified fighting impunity, combating poverty, promoting the rights of migrants, confronting violence and improving the efficacy of international law. In this sense, throughout the session GICJ thus saw its responsibility to one more time demand accountability and justice for Iraq and delivered statements on key issues related to the disastrous impact of the 2003 war and occupation.

GICJ oral statements during the 25th session of the Human Rights Council

Oral statements delivered during the High Level Panel on the question of the Death Penalty

On March 5, 2014 GICJ delivered an oral statement during the High Level Panel on the question of the Death Penalty. The statement addressed the horrible number of executions in Iraq, which continue to rise against the international trend towards a death penalty moratorium. The rise is especially critical as especially as the Iraqi judicial system is facing a major crisis following the US-invasion, GICJ explained, and in view of the fact that the Iraqi Minister of Human Rights does not do his job and instead defends executions.

Full text of the statement

Thank you Mister President,

This is a joint statement by EAFORD with Geneva International Centre for Justice.

Ladies and Gentlemen, the application of death penalty has significantly decreased all around the world over the past decade. In 2012, 141 states have either by law or de facto abolished the death penalty, while it is still on the books in 51 countries. Since 2007, the United Nations General Assembly has repeatedly called for a universal moratorium. Some countries however still favour the countertrend. Iraq is one example.

In 2013, the sad record of executions in Iraq amounted to a horrible number of 170 people, bringing the country among the top three executors of the world. The rise of executions was condemned in the strongest terms by numerous international human rights bodies, notably for the lack of fair trial standards underlying these executions. Nevertheless the Iraqi government repeatedly declared its determination to continue not only the implementation of the death penalty, but also to accelerate and facilitate other executions. Consistently in January 2014 a total of 37 people were hanged within only five days.

The majority of executions are carried out under the pretext of fighting terrorism, based on the 2005 anti-terrorism law, which provides capital punishment for a multitude of unclear crimes. The same law offers amnesty to secret informers. Such a law is by definition susceptible to misuse, especially as the Iraqi judicial system is facing a major crisis following the US-invasion. Sentences are commonly based on confessions extracted under torture, which later serve as legal grounds for executions. Strikingly often the law is thus used against political opponents.

It would now be the moral obligation and responsibility of the Iraqi Minister of Human Rights to address these issues, yet the sad reality is that the very same who only two days ago in this Council praised the Human rights efforts of the Iraqi government, said only short time ago that he considered it the government’s pious duty to unwaveringly continue executions. The international community must continue to concentrate all possible efforts and pressure governments to protect the inherent right to life, which is the supreme right from which no derogation is permitted even in time of public emergency.

Thank you

Oral statements delivered during the High Level Segment

Human rights violations under the pretext of combating terrorism in Iraq

On 6 March 2014 as one of the four NGO speakers admitted to the High Level segment of the Human Rights Council, Ms. Entisar al-Obady delivered a statement in the High Level segment of the Human Rights Counci. As an eye witness of the Human Rights Violations committed by the government of Iraq under the pretext of combating terrorism she called on the International community to find new policies in accordance with international law.

Full text of the statement

Thank you Mr. President,

My name is Entisar al-Obady and I have come from Iraq to be a witness before you for the so called war on terror and how the activities of those who wight war on terrorism are failing in finding the root causes of the problem. In fact they are seeking other purposes. I would like to affirm that systematic and institutionalized human rrights violations occur on a daily base in Iraq under the pretext of fighting terrorism. Therefore we must review all policies in combating terrorists, since policies must respect human rights and address the real terrorists.

Campaigns to combat terrorisms imply often unlawful acts that occur under the pretext of combating terrorism when civilians are targeted on a sectarian base, and indiscrimnate attacks are launched against residential aras, schools and hospitals. So far this has led to a humanitarian catastrophy in Iraq and the true terrorists are free, receive the support from the international community and hold high positions in international bodies.

The situation has restricted the work of NGOs and human rights defenders or journalists. Of course when demonstrators take recourse to violence they cannot be longer be called peaceful, however we strongly reject that peaceful protests are branded by definition as being terrorists. In conclusion there has to be transparency and accountability for counter terrorism measures and for all those all those who support state sponsored terrorism under the pretext of combating terrorism. New methds and policies must be found in accordance with international human rights law. Any support of weapons that are used against civilians under the pretext of combating terrorism must be halted until such standards are found.

Right of Reply (Iraq)

The Iraqi Delegation exercised its right to reply. It stated that Iraq, as a government, fully respects the freedom of association and the right to peaceful protests and that sit ins had taken place for long without any intervention from the authorities - a statement that of course needs to be challenged in view of the unlawful mass killing of unarmed demonstrators in Hawija 2013 and the brutal attacks against those cities in which such protests had taken place since the turn of the year 2013/ 2014. Further attempts by the Iraqi delegation to justify human rights violations in Iraq by referring to demonstrators as terrorists and stating that weapons were just used as a defence were hence rendered a farce.

Statements delivered under agenda item 2, Interactive Dialogue with the High Commissioner

On Friday 7 March 2013 GICJ delivered an oral statement under item 2 during the Interactive Dialogue with the High Commissioner. The statement underlined the universality of Human Rights and the importance of justice and accountability, that need to be upheld under all circumstances, whoever may be the perpetrators, how many obstacles need to be overcome or how much time it takes

Full text of the statement

Thank you Mr President,

This is a joint statement by EAFORD with Geneva International Centre for Justice.

Our NGOs would like to thank the High Commissioner Navy Pillay for the important work she is carrying out and express our full support for her mandate.

Madam High Commissioner, your report begins by underlining the remarkable recognition of the importance of the universal Human Rights within the United Nations. Upholding these values is the collective responsibility of the international community, united in the spirit human dignity, equality and equity.

One of the priorities outlined in your report therefore is the administration of justice together with the principles in combating impunity. One of the most striking examples in this regard is certainly the case of Iraq, where an illegal war was held against an independent UN member state, resulting in a disastrous occupation and undermining all the fundamental values the United Nations stood for.

Eleven years after the invasion the full scale of the destruction is just starting to become clear and the horrendous injustice still not properly rectified. No justice has been found for the up to 1 Million people who died, those two million war widows, the 5 million orphans or those estimated 5 million displaced. Their situation affects human rights on all levels, including the right to development, economic and cultural rights, affecting peace and security in the entire region, who are among the priorities addressed by your office. The international community has frequently condemned the invasion but until now the people of Iraq are waiting in vain for an official apology, for compensation to paid, or the responsible to be held accountable. Yet, correctly acknowledge and address injustice is the only way to keep up the moral authority of the international community.

Madam High commissioner The international community must remain consistent in its judgements, vigilant in the pursuit of the truth and committed to the enforcement of international law. It must stand up to its values and bring perpetrators to justice regardless of who they are, how many obstacles need to be overcome or how much time it takes. In this sense it is high time to finally rectify the injustice inflicted on Iraq.

Thank you

Statement delivered during the High Level Panel on the 65th anniversary of the convention on the prevention of genocide

On March 7, 2014 Mrs. Entisal al-Obady delivered an oral statement during the High Level Panel on the 65th anniversary of the convention on the prevention of genocide. She spoke about the targeting of a specific religious groups under the pretext of fighting terrorism, which stem from sectarian discrimination policy as it is pursued by the current Iraqi authorities.

Full text of the statement

thank you Mr President

This is a joint statement by EAFORD with Geneva International Centre for Justice.

United Nations has established a set of policies to prevent atrocity crimes such as genocide. Members of the United Nations have acknowledged their primary responsibility of protecting their population from such a crime. The international community has a parallel responsibility in encouraging and assisting States to fulfil their obligations in preventing genocide.

Inspite of these policies and the obligations taken on by United Nations Member States, we sadly note that populations are still highly exposed to acts of genocide. The situation in Iraq is one example. The government is using the pretext of fighting terrorism to target its military forces on a specific religious group. The government used the pretext of the fight against terrorism and the use of regular military forces, including tanks and long-range artillery and aircraft to attack densely populated cities.

These actions stem from sectarian discrimination policy pursued by the current Iraqi authorities against a specific group of Iraqis well-known that they reject, and strongly condemn, terrorism and terrorist groups and terrorist ideology. They resisted the U.S. occupation of their country and forced it to leave. Perhaps everyone in the Council remembers the Iraqi city of Fallujah, which has become a symbol of resistance to contemporary free peoples against the occupier, this city, and other cities in al- Anbar province, exposed to a campaign of genocide confirmed.

This religious targeting has been reflected in the Iraqi Prime Minister’s speech which is tainted with sectarian rhetoric. This type of speech can be considered as conveying the intent of destroying in whole or in part a certain group, thus making the Iraqi government’s acts fall within the legal definition of genocide.

In light of this situation is regrettable that the acceleration has three of the permanent members of the Security Council to send weapons and warship equipment to Iraq, including aircraft and drones. We say to these countries so that you are killing the Iraqi people, kill innocent people, and we reserve the this position you. Governments will not last, but the people remain. You should review this policy and not shared a campaign of genocide taking place in Iraq…you should implement your obligations enshrined in the UN Convention on Genocide?

I thank you Mr. President

Statements delivered under item 3 - Promotion and protection of all human rights: civil, political, economic, social and cultural rights, including the right to development

On Friday 7 March 2014 Geneva International Centre for Justice delivered an oral statement under Human Rights council aganda item 3 during the Interactive Dialogue with the Special Advisor to the Secretary General on the Prevention of Genocide. GICJ warned that signs have shown for long enough now that the Iraqi forces are targeting a certain religious group, which raises serious concerns as the situation clearly fulfils the elements of the crime of genocide

Full text of the statement

Thank you Mr. President.

This is a joint statement by EAFORD with Geneva International Centre for Justice.

We thank the Special Adviser for his ongoing efforts in raising awareness on genocide and in preventing this crime. It has been said that significant progress has been made in the prevention and punishment of genocide - but recent events have shown that we still have a long road ahead of us. The current situation in Iraq is a clear example. It was described as rapidly plummeting towards genocide.

Since the US-invasion of Iraq in 2003 and the De-Ba’athification process, attacks based on discrimination and sectarianism have become major elements in the country’s politics. This tensed situation escalated at the turn of the year 2013/2014 with a military operation undertaken by the Iraqi government in the province of Al-Anbar, under the pretext of combating terrorists.

Mr. Special Adviser, an important element of the prevention of genocide is the identification of the early warning signs of this crime.

Signs have shown for long enough now that the Iraqi forces are targeting a certain religious group. The authority promotes domination over the government by those affiliated to its own religious beliefs, while treating the opposition with utmost hostility and brutality. It has become obvious that the onslaught against supposed terrorists is a cover for the annihilation of the group opposed to the increasingly discriminating policies of the current authorities in Iraq.

The acts of the government find their roots in official speeches which are filled with sectarian rhetoric. Such rhetoric clearly shows the intent to eradicate a certain group.
This raises serious concerns as the situation clearly fulfils the elements of the crime of genocide.

We would like you, Mr. Special Advisor, to consider this alarming issue in your work.
We also wonder why, inspite of these distressing events, the UN has not yet taken firm action to relieve the plight of the victims of the Iraqi government’s attacks. The UN must not wait the occurrence of a situation similar to what happened in Rwanda.
We therefore plead that the situation in Iraq be addressed immediately by the Council. In particular, we call on the Special Adviser to urgently take all adequate measures.
I thank you for your attention.

Right of Reply (Iraq)

One more time Iraq exercised its right to reply and exposed its factitiousness by stating that the Iraqi government is anxious not to put life at risk of civilians who live in regions where terrorists operate. According to the Delegation, armed forces have adopted a strategy of targeted strikes based on information delivered by secret and intelligence services. Iraq firmly refuted allegations of indiscriminate firing or targeting and instead claimed that the Iraqi government’s approach is the support of the international community. The sensitive reaction nevertheless exposed that the Iraqi delegation finds itself in a position in which it is under pressure for failing to offer an explanation.

Statement delivered under Agenda item 4, General Debate

On 18 March 2014 Ms. Valérie de Chambrier delivered an oral statement during the 25th session of the Human Rights Council under item 4, General Debate, in which she addressed the recent government operations taking place in Iraq. The situation in the country is at its worst, she warned, massive attacks are continuously undertaken by the Iraqi authorities which keep using the pretext of counter terrorism and national security to justify its measures.

Full text of the statement (English Translation)

Thank you, Mr. President. This is a joint statement with EAFORD.

Mr. President, the human rights situation in Iraq is at its worst since its illegal invasion in 2003. This invasion has led to serious human rights violations for which no responsibility has been taken and no adequate reparation has been given to the victims.

The situation is deteriorating and even more so since December 2013. Multiple operations are taking their courses and are led by the Iraqi governmental forces that surround in particular the big cities of Fallujah and Ramadi in the province of Al-Anbar. All these operations are taking place because these cities have supposedly been infiltrated by terrorists who are hiding in the desert, even though the people of Al-Anbar have repeatedly refuted these allegations. The governmental forces are targeting residential areas with heavy artillery and air bombardments, cutting off all supplies to residents who are in real danger regarding their survival. More than hundreds of civilians have been killed and thousands have been wounded. Many more dead are to be feared.

In the last few days, the city of Fallujah and its surroundings have been again under intense bombardments. The official justification given by the government for using excessive force has always been “National Security”. However, their gravely neglecting human rights by applying barbaric practices, such as extorting confessions under torture, arbitrarily arresting individuals and executing people at a mass rate.

In conclusion, we ask the international community to do everything in its power to stop the escalating situation and to put an end to illegal homicides of civilians. An international committee should be immediately established to investigate on the situation and on all human rights violations committed by the Iraqi forces. Finally, the coalition has made an urgent appeal to the UN Member States to cease all shipment of weapons to the government which is using these against civilians.

Statements delivered during the closing of the Human Rights Council

On 28 March 2014 GICJ delivered the last statement ot the 25th session of the Human Rights Council. The statement reminded the International Community of the importance to uphold the fundamenatal principle of the universality of Human Rights and expressed the NGOs deepest concern in view of ongoing Human Rights Violations under the pretext of combating terrorism in Iraq, the Council's failure to hold the responsible for the invasion accountable, the lack of action in view of the persistant lack of cooperation Israel's and in this regard called on the Council to remain consistent in its judgments, committed to the enforcement of justice and vigilant in the pursuit of the truth.

Full text of the statement:

Thank you Mr President,

This is a joint statement by EAFORD with a number of NGOs.

As this session comes to an end our NGOs would like to express our respect for the important work, and reiterate our full cooperation with this body.

As the High Commissioner outlined in her opening statement, the universality of human rights is one of the fundamental principles of international relations. All together we must work towards this end and not let ourselves be influenced by power, influence or interests.

Our NGOs are deeply concerned that some countries are still getting away with impunity for their human rights violations under the pretext of combating terrorism, as it is the case for Iraq, whose government is fighting a war against its own civilians which has resulted in one of the biggest displacement crisis since the illegal invasion in 2003. We are equally concerned about the lack of accountability for the consequences of the invasion itself, which violated the fundamental norms of international law and shattered the country’s socio-economic situation on all levels.

A serious matter of deep concern remains the deficiency to address the issue of self-determination, as well as the persistent lack of cooperation of Israel with this Council, whose return to the UPR was undermined by a political bargaining process, including efforts to suppress standing agenda item 7. In including Israel in their regional group the members of the Western European and Others countries Group (WEOG) now bear a particular responsibility. Israel’s longstanding colonial and racist policy has led to persistent and grave human rights violations and we hope that the country’s inclusion in the WEOG will lead to a genuine change of this country’s policy on the field and in this Council.

Finally, we are also deeply concerned about the postponement of the appointment of the mandate holders. We wish to reemphasize that the choice has to be made in accordance with the criteria set out in the IB package and not based on political considerations.

Mr President, the application of double standard in addressing human rights violations profoundly affects the credibility of the commitment of those who want to be at the forefront of the struggle for Human Rights. In this sense we call on this Council to remain consistent in its judgments, committed to the enforcement of justice and vigilant in the pursuit of the truth.

Thank you

Written reports

Preparing written reports to the Human Rights Council, which later become part of the official documentation of the Council is an important part of the work of GICJ. Ahead of the 25th session of the Human Rights Council GICJ thus submitted a number of reports on Iraq which can be found below:

Reports submittedunder agenda item 2

Annual report of the UN High Commissioner for Human Rights

Human rights violations under anti-terrorism measures in Iraq:

Although terrorism in itself is a serious challenge to any society and should be dealt with proactively, countering terrorism measures can also be used as justification for human rights violations. This fact has been sadly proven at the example of Iraq, where the already tensed situation escalated at the turn of the year 2013/2014 with a military operation undertaken by the Iraqi government in the province of al-Anbar.