Assimilation, Exodus, Eradication: Iraq's Minority Communities Since
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Constitution of 'Iraq
[Distributed to the Official No. : C. 49. 1929. VI. Members of the Council.] [C.P.M.834] Geneva, February 20th, 1929. LEAGUE OF NATIONS CONSTITUTION OF ‘IRAQ (ORGANIC LAW) Note by the Secretary- General : The Secretary-General communicated to the Council, on August 23rd, 1924 (document C.412.1924.VI, C.P.M. 166),1 a letter from the British Government transmitting a translation of the Organic Law of ‘Iraq passed by the Constituent Assembly of ‘Iraq on July 10th, 1924. In a letter dated November 28th, 1928, the British Government transmitted the following document : The ‘Iraq Constitution, March 21st, 1925, recently published by the Government of ‘Iraq. The British Government points out, in the above-mentioned letter, that the publication of the document in question was necessitated by the discovery of considerable discrepancies between the Arabic text of the Organic Law, as passed by the ‘Iraq Constituent Assembly in July 1924, and the English translation which was communicated to the Secretariat in 1924. The British Government adds that the new text embodies the modifications introduced by the Organic Law Amendment Law, 1925,2 and was approved by the ‘Iraq Government as superseding all translations of the law hitherto published. The Secretary-General has the honour to communicate to the Council the text of the document transmitted by the British Government on November 28th, 1928. 1 See Official Journal, November 1924, page 1759. * The Organic Law Amendment Law, 1925, was published as an Appendix to the Annual Report on the Adminis tration of ‘Iraq for 1925, pages 175-177. S.d.N. -
And Property Law: the Iraqi Civil Code and Its Compatibility with International Standards for the Treatment of Displaced Persons
Of “Principles” and Property Law: The Iraqi Civil Code and its Compatibility with International Standards for the Treatment of Displaced Persons Dan E. Stigall∗ A recent report by Refugees International notes that Iraq is currently faced with one of the most acute displacement crises in the world, with over 5 million Iraqis displaced by violence – 2.7 million of whom are internally displaced within Iraq.1 Such a situation creates not only a humanitarian crisis but also a perverse opportunity for insurgents and militia groups to exploit the displacement crisis in order to legitimate themselves and achieve geo-political goals.2 It is critical, therefore, to find adequate remedies for displaced persons and forge a sustainable, long-term solution to the ongoing displacement crisis. It is equally important to find remedies and mechanisms for restitution that comport with international standards. Those standards are not the easiest to discern as there is no comprehensive treaty setting forth all the rights and obligations owed by states vis-à-vis displaced persons. As a result, one must look to numerous other instruments such as the ∗ Dan E. Stigall is a U.S. Army Judge Advocate (JAG). J.D., 2000, Louisiana State University Paul M. Hebert Law Center; B.A., 1996, Louisiana State University. Any opinion expressed is solely that of the author and not necessarily the United States Department of Defense. This article was prepared for the United States Institute of Peace (USIP) in conjunction with a conference in Amman, Jordan. The discussion of Iraqi substantive law was taken largely from Iraqi Civil Law: Its Sources, Substance, and Sundering, 16 J. -
Diamo Un Futuro Agli Yazidi
Yezidi minority and ISIS: the Victims of Trans-Generational Genocide* mirza dinnayi Founder and Director of Luftbrücke Irak; vincitore dell’Aurora Prize for Awekening Humanity, 2019 Yezidism: as a religious context The Yezidis are “an ethno-religious minority whose existence dates back to c. 4750 BCE in the pre-Islamic Mesopotamian region”1. Their religion is consid- ered to be one of the oldest monotheistic religions in Mesopotamia2 and their faith is based on the worship of one supreme God “Ezi”3 or “Khuda.” This God is very peaceful and “similar like Epicurean gods, who are not interfering with the world’s matter”[sic]4. He is, according to Yezidism, the One who created Himself, * This Study is an updated part out of the author`s E.MA. dissertation prepared at Maastricht Uni- versity with the title:„Recognizing Yezidi Genocide: Perspective and Challenges of Initiating an (Inter)National Tribunal for the crimes of ISIS against Yezidi minority“ within Master Program at the European Inter-University Center EIUC (Global Campus for Human Right), Venice 2019. 1 Serena Arena, “Peace Profile: Vian Dakhil, in Peace Review”: A Journal of Social Justice, Vol. 29 Issue 2, 2017, P. 244–247, 2 Mirza Dinnayi, “Die Verfolgung der „Teufelanbeter,” Yezidi zwischen basthistischer Repres- sion und sunnitischen Islamismus”; in Irak von der Republik der Angst zu bürgerlichen Demokratie, (Hg. Kreuzer & Schmidinger), CaIra Verlag, 2004, pp. 197-204 3 “Ezi” is, according to many scholars, the word that the name of the Ezidi (Yezidi) is derived from. In one of the religious texts: (Ezi is the Lord, He named Himself with 1001 Names, His greatest name is Khuda), (Broka, Hoshang: Studies in the Mythology of Yezidi Religion (in Ar- abic), Germany, 1995, p. -
Refugee Protection Iraq Country Report Working Papers
Working Papers Global Migration: Consequences and Responses Paper 2020/33, January 2020 Refugee Protection Iraq Country Report William K. Warda & Hqamed Shihab Almaffraji Hammurabi Human Rights Organization © Hammurabi Human Rights Organization. This research was conducted under the Horizon 2020 project ‘RESPOND Multilevel Governance of Migration and Beyond’ (#770564). This publication has been produced with the assistance of the European Commission. The contents of this publication are the sole responsibility of the RESPOND Project consortium and authors can in no way be taken to reflect the views of the European Union. The European Union is not responsible for any use that may be made of the information contained therein. Any enquiries regarding this publication should be sent to us at: [email protected] This document is available for download at https://www.respondmigration.com Horizon 2020 RESPOND: Multilevel Governance of Migration and Beyond (770564) 2 CONTENT 3 Acknowledgement 4 List of tables 5 List of abbreviations 6 About the Project 7 Executive Summary 8 1- Introduction 9 2- Methodology 10 3- The national system for International Protection 11 3.1 Brief History of International Protection 11 3.2 The Legal and Political Framework on International Protection 13 3.3 The institutional framework and actors with regard to international protection 13 3.4 Definitions and Perceptions of Protection at the National Level. 14 3.5 Developments since 2011 17 4- Abiding by International Law 20 5- Implementing International Protection on the National level 22 5.1 Choosing Iraq as a country to take refuge in 22 5.2 The process of applying for asylum 22 5.3 Impressions from the viewpoint of refugees and asylum seekers regarding the procedures and the behavior of investigators 25 5.4 The role of non-state actors with regards to security 27 5.5 Family Unification 28 5.6 Detention, Deportation, Return, and Exposure 29 6- Examples of few positive national practices 31 7- Internal Displaced Persons (IDPs) Situation 32 7.1 The Implementation of IDPs Protection 33 8- Conclusion. -
Reviving Constitutionalism in Iraq: Key Provisions of the Transitional Administrative Law
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2005 Reviving Constitutionalism in Iraq: Key Provisions of the Transitional Administrative Law Feisal Amin Istrabadi Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Istrabadi, Feisal Amin, "Reviving Constitutionalism in Iraq: Key Provisions of the Transitional Administrative Law" (2005). Articles by Maurer Faculty. 2361. https://www.repository.law.indiana.edu/facpub/2361 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. REVIVING CONSTITUTIONALISM IN IRAQ: KEY PROVISIONS OF THE TRANSITIONAL ADMINISTRATIVE LAW His EXCELLENCY FEISAL AMIN AL-ISTRABADI* Iraq has had a troubled constitutional history. Its only legiti- mate, permanent constitution came into effect in 1925, having been drafted during the British mandate established at the end of the First World War.' On October 3, 1932, Iraq was admitted to the League of Nations as an independent state, the first predominantly Arab state to gain its independence, thus ending the British Man- date. 2 The Constitution of 1925, as amended, remained in full force and effect until 1958. On July 14, 1958, a coup d'gtat overthrew the monarchy, after which Iraq was ruled under a series of so-called provisional constitu- tions. -
IRAQ Gender Justice & the Law
IRAQ Gender Justice & The Law 1 Copyright © 2018. All rights reserved. United Nations Development Programme, One UN Plaza, New York, NY, 10017, USA This publication may be freely used for non-commercial, fair use purposes, with proper acknowledgment and attri- bution to UNDP. Any other use must be authorized in writing by UNDP. This “Gender Justice & The Law” publication was developed by the United Nations Development Programme (UNDP) in collaboration with the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA) and the United Nations Economic and Social Commission for West Asia (ESCWA). The views and analysis in this publication do not necessarily reflect the views of the United Nations Development Programme, its Executive Board Members, the United Nations, any of its Member States or any of its affiliated or- ganizations. Cover picture: © UNFPA Iraq Design and layout: Prolance FZC ISBN: The work on this publication was made possible with the support from Government of Japan, and donors contrib- uting to the UN Global Focal Point for Police, Justice and Corrections, among others. 2 3 IRAQ Gender Justice Assessment of laws affecting gender equality and protection against gender-based violence 4 TABLE OF CONTENTS Glossary of Acronyms and Terms 6 Introduction 7 Overview 10 Protection from domestic violence and sexual violence 13 Honour crimes 15 Adultery and sex outside of marriage 15 Abortion for rape survivors 16 Female genital mutilation/cutting (FGM/C) 16 Family -
Russian Foreign Minister Lavrov Visits Armenia
NOVEMBER 16, 2019 Mirror-SpeTHE ARMENIAN ctator Volume LXXXX, NO. 18, Issue 4611 $ 2.00 NEWS The First English Language Armenian Weekly in the United States Since 1932 INBRIEF State Department ARAM ARKUN PHOTO Paylan in Turkey Parliament Discusses Opposes Turkey Genocide Sanctions, Genocide ISTANBUL (Armenpress) — Armenian member of the parliament of Turkey Garo Paylan deliv- Resolution ered a statement on the recognition of the Armenian Genocide during the parliamentary debate of the 2020 state budget draft, his Office By Nick Wadhams told Armenpress, on November 8 . “Before 1915 Armenians were living on these WASHINGTON (Bloomberg) — The lands – in Isparta, Mersin, Adana, Trabzon, Trump administration opposes Turkey Tigranakert, Bursa, and one in every five in this sanctions adopted by the House last week country was Armenian, but now we even can’t as well as a resolution condemning the fill a stadium if we gather. Of course, we didn’t Armenian genocide, arguing that the two evaporate. A great disaster took place, which, initiatives risk further straining relations unfortunately, we deny with an abjuration policy with a key NATO ally, a senior State and refuse to talk about it for already 104 years. Department official said. “Look, other parliaments talk about that, but The administration is concerned that the we say let them not talk. Let the material relat- sanctions — passed 403-16 in the House Ruben Vardanyan congratulates Mirza Dinnayi at Yerevan’s Freedom Square ing to this region be talked about in this region. last week in response to the Turkey’s mili- If there is a parliament in the world that should tary offensive in northern Syria — will tie its Mirza Dinnayi’s Aid to Terror Victims talk about it, that is Turkey’s Grand National hands and cut off options to resolve US Assembly because we are the sons of these concerns about Turkey’s actions, said the Recognized with Aurora Prize lands,” Paylan said. -
Recognizing Yezidi Genocide: Perspectives and Challenges of Initiating an (Inter)National Tribunal for the Crimes of ISIS Against Yezidi Minority
Maastricht University European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 Recognizing Yezidi Genocide: Perspectives and Challenges of Initiating an (Inter)National Tribunal for the Crimes of ISIS against Yezidi Minority Author: Mirza ALI Supervisor: Prof. Andre Klip 1 ABSTRACT: This interdisciplinary research dissertation is based on the legal analysis about the characteristics of crimes of ISIS, possible recognition of Yezidi genocide according to the provisions of international criminal law and perspectives of initiating a special tribunal for the crimes of ISIS against Yezidi minority. The thesis compares evidence of the incidences and atrocities of ISIS with provisions of the UN Genocide Convention and other international treaties to find out whether Yezidis belong to a protected group under international law and whether these crimes could be legally named as genocide, crimes against humanity or war crimes. Secondly, the study highlights the international reactions and symbolic political recognition of Yezidi genocide worldwide and explains the obligations of those states who recognized the genocide by taking three examples of the USA, UK and European Union to examine what they did post-recognition and whether their measures promoted the initiation of a legal entity to punish the crimes of ISIS. Finally, this thesis analysis the perspectives and challenges of establishing a national or international tribunal for the crimes of ISIS, by highlighting the obstacles and possibilities for three roads towards bringing justice: referring the case to ICC; establishment of an Ad hoc/Hybrid tribunal; or the activation of an Iraqi national jurisdiction for international crimes. On the basis that facts are given about the current legal situation and appropriate ideas are recommended to reform Iraqi law in order to fulfil the contemporary standards of ICL and comply with the principles of international human rights. -
Ezidi (Yazidi) Survivors, Families and Activists Demand Action to Find and Support Missing People Abducted by Islamic State (ISIS)
Still in Captivity: Ezidi (Yazidi) Survivors, Families and Activists Demand Action to Find and Support Missing People Abducted by Islamic State (ISIS) 22nd February 2021 In 2014, the self-proclaimed Islamic State (ISIS) engaged in a brutal and organised campaign to erase the Ezidi (Yazidi)1 ethno-religious group as part of their takeover of Iraq. This was recognised as a genocide by a UN-mandated Commission of Inquiry in 20162. A recorded 6,417 Ezidis were abducted by ISIS during the group’s invasion of Ezidi ancestral lands and 2,768 remain missing to this day. August 3rd 2021 will mark the 7th year of captivity for some individuals, and the 7th year of loss for their families. The psychological impact of this on individuals, families and the Ezidi community as a whole is severe. For as long as those abducted remain in captivity, the crimes of ISIS against the Ezidi community continue. No comprehensive international or governmental effort to search for missing Ezidi people has taken place. We, Ezidi survivors of captivity, families of the missing, activists, individuals involved in rescuing captured Ezidis and organisations supporting Ezidi survivors demand action from the government of Iraq and the Kurdistan Regional Government (KRG), as well as the international community, to find and support missing people. Barriers to return of missing Ezidi (Yazidi) people Lack of information: The territorial defeat of ISIS in 2017 did not lead to the identification and return of all missing Ezidis, and the location and fate of many remains unknown. During captivity, Ezidis were deliberately moved to various parts of Iraq or Syria in an attempt to prevent escape, and many have been sold and taken to different countries. -
Transitional Authority in Iraq : Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law Zakia Afrin
Golden Gate University School of Law GGU Law Digital Commons Theses and Dissertations Student Scholarship 2007 Transitional Authority in Iraq : Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law Zakia Afrin Follow this and additional works at: http://digitalcommons.law.ggu.edu/theses Part of the Constitutional Law Commons, and the Law and Gender Commons Recommended Citation Afrin, Zakia, "Transitional Authority in Iraq : Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law" (2007). Theses and Dissertations. Paper 7. This Dissertation is brought to you for free and open access by the Student Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. SJD in International Legal Studies School of Law Transitional Authority in Iraq: Legitimacy, Governance and potential contribution to the Progressive Development of International Law. By: Zakia Afrin I Scientiae Juridicae Doctor Candidate This work is dedicated to my parents: Alfaz Uddin, A freedom Fighter of Bangladesh Independence war and Kamrun Nahar, Divine purity on earth Preface The unauthorized use of force in Iraq by the coalition forces and the establishment of a transitional authority following the occupation of Iraq by the occupying powers raised serious concerns for the appearance of legitimacy under international law. As scholars have called this period of uncertainty 'cross roads' 1, this event calls for a precise legal analysis. As a student of International Law I find it irresistible to undertake an in- depth research on this phenomenon. -
Criminal Law
Introduction to the Laws of Kurdistan, Iraq Working Paper Series Criminal Law Pub. 2013 Iraq Legal Education Initiative (ILEI) American University of Iraq, Sulaimani Stanford Law School Kirkuk Main Road Crown Quadrangle Raparin 559 Nathan Abbott Way Sulaimani, Iraq Stanford, CA 94305-8610 www.auis.ed.iq www.law.stanford.edu TABLE OF CONTENTS Preface to the Series ...................................................................................................................... 3 CRIMINAL LAW ......................................................................................................................... 5 I. INTRODUCTION ......................................................................................................................... 5 II. HISTORY OF CRIMINAL LAW IN IRAQ ............................................................................... 5 III. CRIMINAL LAW BASICS ........................................................................................................... 7 A. Foundational Principles ................................................................................................................ 7 B. Principles of Liability ................................................................................................................... 9 C. Defenses: Justifications and Excuse ........................................................................................... 17 D. Classifying Crimes .................................................................................................................... -
Oil & Gas Law of Iraq
Introduction to the Laws of Kurdistan, Iraq Working Paper Series Oil & Gas Law of Iraq Iraq Legal Education Initiative (ILEI) American University of Iraq, Sulaimani Stanford Law School Kirkuk Main Road Crown Quadrangle Raparin 559 Nathan Abbott Way Sulaimani, Iraq Stanford, CA 94305-8610 www.auis.ed.iq www.law.stanford.edu TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................... 2 II. BACKGROUND AND HISTORY ................................................................................... 4 A. Beginnings ....................................................................................................................... 4 B. History from 1918 to 1945 ............................................................................................... 4 C. History from 1945 to 1980 ............................................................................................... 5 D. The 1980s and 1990s: War Years .................................................................................... 6 E. The Coalition Provisional Authority and the Interim Government of Iraq ...................... 7 III. IRAQ’S OIL AND GAS LEGAL FRAMEWORK ....................................................... 8 A. The Constitution and Impact of Federalism .................................................................... 9 B. The Meaning of Article 111 ........................................................................................... 10 C. The Draft Federal Oil