Iraq: immediate measures needed to restore law and order
As widespread looting and disorder continue in many parts of Iraq, including Baghdad, Amnesty International is reminding the Coalition forces as occupying powers of their specific responsibilities under international human rights and humanitarian law.
"As forces of an occupying power they should urgently take measures to enforce law and order in the areas under their control, specifically by preventing acts of pillage, destruction, and violence to persons," the organization said.
The U.S. and U.K. authorities were respectively warned in advance of the
conflict, including by Amnesty International, that there was a grave risk that the fall of the Iraqi regime might precipitate such disorder and grave human rights violations, including reprisal killings.
"The Coalition forces must live up to their responsibilities and do all in their power to protect the right of all the people in Iraq."
In addition, the health situation in Iraq is very critical with many hospitals, especially in Baghdad, unable to deal with the very high number of casualties. Access to health care and medicines is becoming very difficult as stocks are running low. There are acute shortages of badly needed drugs such as pain-killers, antibiotics and anaesthetics.
"The Coalition forces also have the obligation to ensure the provisions of food and medical supplies to the inhabitants in the areas under their control. They are also required to maintain the medical and hospital establishments and services, public health and hygiene," Amnesty International added.
Background
Art.43, Hague Regulations spells out the specific responsibilities of
occupying powers under international humanitarian law. These include the
duty to restore and maintain public order and safety.
Article 55 of the Fourth Geneva Convention states that " to the fullest
extent of the means available to it, the Occupying power has the duty to
ensuring the food and medical supplies of the population; it should, in
particular, bring in the necessary foodstuffs, medical stores and other
articles if the resources of the occupied territory are inadequate."
Iraq : Ensuring justice and accountability for human rights abuses
Amnesty International called today for a comprehensive program to ensure that those responsible for past and recent crimes under international law and other human rights abuses in Iraq are brought to justice.
In a new document released today, "Iraq: Ensuring justice for human rights abuses", Amnesty International outlines the role of the U.N. commission of experts and sets out fundamental principles which should govern any approach to ensuring justice for abuses in Iraq. It outlines the need for reforming the Iraqi criminal justice system, and reviews transitional and complementary approaches that ought to be considered as part of a comprehensive program to ensure justice.
"The central pillar of such a program would be reforming the Iraqi criminal justice system" Amnesty International said, "However, other complementary and transitional judicial approaches will be needed, including approaches involving the international community."
Amnesty International calls for the urgent establishment of a United Nations (U.N.) commission of experts to develop proposals for a program that would address comprehensively the issue of justice in Iraq, in close consultation with Iraqi civil society. The commission should begin work immediately and could report in a matter of months.
"A number of proposals for investigating and prosecuting alleged perpetrators of human rights violations are being discussed at the moment", Amnesty International noted. "However, no in-depth authoritative analysis of the situation in Iraq has been carried out as yet. This is why expert advice is essential."
Amnesty International stresses that the U.N. has recognized expertise and authoritativeness in this field. As such, the U.N. should play the leading role in developing proposals for reforming the Iraqi criminal justice system and could recommend transitional and complementary approaches in the meantime, regardless of the arrangements made for governing Iraq.
"Proposals for using U.S. or U.K. tribunals are undesirable, since they risk being perceived as victors' justice. Certain proposals such as the use of U.S. military commissions, which are not even courts, would be grossly unfair under international law," Amnesty International emphasized.
Possible transitional approaches under consideration include an international ad hoc tribunal and a mixed tribunal. Existing approaches including universal jurisdiction, could make an important contribution and a regional tribunal should be examined. Amnesty International's report discusses the strengths and weaknesses of the various approaches under consideration.
Fundamental principles, drawn from International Law, that must govern any approach to justice in Iraq include:
* independence and impartiality: any tribunal must be truly independent from and pursue perpetrators solely on the basis of the evidence against them and through a fair process, in accordance with international standards for fair trial;
* no selectivity: anyone suspected of having committed crimes in Iraq must be brought to justice, regardless of rank, nationality, or any other such ground;
* no statue of limitations: grave abuses must be addressed regardless of when they occurred.
* no amnesties: there should be no amnesties, pardons or similar measures for crimes under international law if such measures would prevent a conclusive verdict and full reparations for victims;
* fair trials: suspects should be brought to justice in proceedings that fully respect international law and standards for fair trial at all stages of the proceedings;
* no death penalty and torture: there should be no recourse to the death penalty or other form of cruel, inhuman or degrading punishment, whatever the circumstances;
* reparation for victims: victims and their families must be accorded effective means to obtain full reparation for the violations they have suffered.
"Ensuring justice is fundamental for the countless victims of decades of grave violations of human rights by Iraqi government agents, as well as the victims of abuses committed by all parties in the course of several conflicts, including the ongoing war. In order to be fair and effective, all measures aimed at ensuring justice must be in full conformity with international human rights law and standards," Amnesty International said.
"Neither victims nor suspects should receive second class justice," the organization concluded.
For the full text of the report:
"Iraq: Ensuring justice for human rights abuses" please go to;
http://web.amnesty.org/library/Index/ENGMDE140802003
Amnesty International
http://www.amnesty.org
and
http://www.amnesty.nl
As widespread looting and disorder continue in many parts of Iraq, including Baghdad, Amnesty International is reminding the Coalition forces as occupying powers of their specific responsibilities under international human rights and humanitarian law.
"As forces of an occupying power they should urgently take measures to enforce law and order in the areas under their control, specifically by preventing acts of pillage, destruction, and violence to persons," the organization said.
The U.S. and U.K. authorities were respectively warned in advance of the
conflict, including by Amnesty International, that there was a grave risk that the fall of the Iraqi regime might precipitate such disorder and grave human rights violations, including reprisal killings.
"The Coalition forces must live up to their responsibilities and do all in their power to protect the right of all the people in Iraq."
In addition, the health situation in Iraq is very critical with many hospitals, especially in Baghdad, unable to deal with the very high number of casualties. Access to health care and medicines is becoming very difficult as stocks are running low. There are acute shortages of badly needed drugs such as pain-killers, antibiotics and anaesthetics.
"The Coalition forces also have the obligation to ensure the provisions of food and medical supplies to the inhabitants in the areas under their control. They are also required to maintain the medical and hospital establishments and services, public health and hygiene," Amnesty International added.
Background
Art.43, Hague Regulations spells out the specific responsibilities of
occupying powers under international humanitarian law. These include the
duty to restore and maintain public order and safety.
Article 55 of the Fourth Geneva Convention states that " to the fullest
extent of the means available to it, the Occupying power has the duty to
ensuring the food and medical supplies of the population; it should, in
particular, bring in the necessary foodstuffs, medical stores and other
articles if the resources of the occupied territory are inadequate."
Iraq : Ensuring justice and accountability for human rights abuses
Amnesty International called today for a comprehensive program to ensure that those responsible for past and recent crimes under international law and other human rights abuses in Iraq are brought to justice.
In a new document released today, "Iraq: Ensuring justice for human rights abuses", Amnesty International outlines the role of the U.N. commission of experts and sets out fundamental principles which should govern any approach to ensuring justice for abuses in Iraq. It outlines the need for reforming the Iraqi criminal justice system, and reviews transitional and complementary approaches that ought to be considered as part of a comprehensive program to ensure justice.
"The central pillar of such a program would be reforming the Iraqi criminal justice system" Amnesty International said, "However, other complementary and transitional judicial approaches will be needed, including approaches involving the international community."
Amnesty International calls for the urgent establishment of a United Nations (U.N.) commission of experts to develop proposals for a program that would address comprehensively the issue of justice in Iraq, in close consultation with Iraqi civil society. The commission should begin work immediately and could report in a matter of months.
"A number of proposals for investigating and prosecuting alleged perpetrators of human rights violations are being discussed at the moment", Amnesty International noted. "However, no in-depth authoritative analysis of the situation in Iraq has been carried out as yet. This is why expert advice is essential."
Amnesty International stresses that the U.N. has recognized expertise and authoritativeness in this field. As such, the U.N. should play the leading role in developing proposals for reforming the Iraqi criminal justice system and could recommend transitional and complementary approaches in the meantime, regardless of the arrangements made for governing Iraq.
"Proposals for using U.S. or U.K. tribunals are undesirable, since they risk being perceived as victors' justice. Certain proposals such as the use of U.S. military commissions, which are not even courts, would be grossly unfair under international law," Amnesty International emphasized.
Possible transitional approaches under consideration include an international ad hoc tribunal and a mixed tribunal. Existing approaches including universal jurisdiction, could make an important contribution and a regional tribunal should be examined. Amnesty International's report discusses the strengths and weaknesses of the various approaches under consideration.
Fundamental principles, drawn from International Law, that must govern any approach to justice in Iraq include:
* independence and impartiality: any tribunal must be truly independent from and pursue perpetrators solely on the basis of the evidence against them and through a fair process, in accordance with international standards for fair trial;
* no selectivity: anyone suspected of having committed crimes in Iraq must be brought to justice, regardless of rank, nationality, or any other such ground;
* no statue of limitations: grave abuses must be addressed regardless of when they occurred.
* no amnesties: there should be no amnesties, pardons or similar measures for crimes under international law if such measures would prevent a conclusive verdict and full reparations for victims;
* fair trials: suspects should be brought to justice in proceedings that fully respect international law and standards for fair trial at all stages of the proceedings;
* no death penalty and torture: there should be no recourse to the death penalty or other form of cruel, inhuman or degrading punishment, whatever the circumstances;
* reparation for victims: victims and their families must be accorded effective means to obtain full reparation for the violations they have suffered.
"Ensuring justice is fundamental for the countless victims of decades of grave violations of human rights by Iraqi government agents, as well as the victims of abuses committed by all parties in the course of several conflicts, including the ongoing war. In order to be fair and effective, all measures aimed at ensuring justice must be in full conformity with international human rights law and standards," Amnesty International said.
"Neither victims nor suspects should receive second class justice," the organization concluded.
For the full text of the report:
"Iraq: Ensuring justice for human rights abuses" please go to;
http://web.amnesty.org/library/Index/ENGMDE140802003
Amnesty International
http://www.amnesty.org
and
http://www.amnesty.nl