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(توێژینهوهیهكى یاسایی شیكارییه) ئاینده و ئهگهرهكانى پێكهێنانی دادگا تێكهڵاوهكان له عێراق لهبهر رۆشنایی بڕیاری 2379ى ئهنجومهنى ئاسایش
Keywords: Hybrid Court, Security Council, Resolution 2379, International Law, Genocide, UNITAD.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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Asst. Lect. Azad Abdulqader Salih Waladbagi
Assistant Lecture and Advanced Judicial Investigator in Erbil Investigation Court
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Abstract
Despite the extensive crimes committed by ISIS against the citizens of Iraq, including the Kurdistan Region, the ongoing efforts to hold the perpetrators accountable and achieve justice have not yielded satisfactory outcomes. On September 21, 2017, the United Nations Security Council, in response to a request from the Iraqi government, issued Resolution 2379. This resolution called for the establishment of a committee tasked with the collection, protection, and archiving of evidence pertainin (UNITAD) to the commission of war crimes, crimes against humanity, and genocide by the Islamic State of Iraq and Syria (ISIS) within the country. There exist multiple potential scenarios pertaining to the future prospects and likelihood of establishing a judicial tribunal for the prosecution of those affiliated with ISIS. There is a prevailing belief that the local Iraqi courts possess a commendable level of competence, merit, and capacity, a viewpoint primarily endorsed by the Iraqi government. Another potential scenario involves the involvement of an international court, a proposition primarily backed by the Kurdistan Regional Government (KRG).
The KRG holds the belief that the decision rendered by an international court carries greater weight and will have a more profound impact on the prospects of the Kurdish people and the provision of reparations to the victims. According to the Kurds, the Iraqi High Court of Crimes has identified the Anfal, gassing of Halabja, Barzani Anfal, and Kurdish Faili Anfal as instances of genocide. However, the Government of Iraq (GOI) has not taken substantial measures to provide compensation to the victims.
There exists an alternative perspective that posits that the establishment of a hybrid court comprising both local and international expertise represents a more rational and feasible approach to prosecuting individuals affiliated with ISIS. This court is expected to incorporate favorable attributes from both domestic and international courts, and its establishment will be facilitated through a bilateral agreement between the GOI and the UN. An additional advantageous aspect pertains to the hybrid court’s reduced financial burden and its proximity to crime-ridden areas.
This particular type of court is a recent development in the field of international law, although there have been multiple instances of its establishment. Notable examples include the court established for East Timor in 2000, Sierra Leone in 2002, Lebanon in 2007, Cambodia in 2007, and the court established for Kosovo in 2015. Therefore, the establishment of a court as an intermediary measure to prosecute individuals affiliated with ISIS could serve as a potential opportunity for achieving justice.
This study aims to examine and evaluate the potential establishment of mixed courts in Iraq, taking into consideration the provisions of Resolution 2379 of the Security Council and drawing upon relevant precedents of similar courts in the international community. The focus will be on analyzing the future prospects of these courts and the obstacles they may encounter in Iraq in the future.
The subject under discussion pertains to the establishment of mixed courts, as outlined in the United Nations Security Council Resolution 2379, which aims to address matters related to international law, particularly those concerning genocide. The resolution emphasizes the importance of collaboration among nations in order to effectively combat such heinous crimes against humanity.
سەرچاوەکان
يةكةم/ بة زمانى كوردى
https://kc-interlaw.org/KU/Detail.aspx?jimare=165/last visited: 3/8/2023.
https://kc-interlaw.org/KU/Detail.aspx?jimare=217/last visited: 3/8/2023.
https://kc-interlaw.org/KU/Detail.aspx?jimare=144/last visited: 3/8/2023.
دووةم/ بة زمانى عةرةبى
Ahmed Meran - المحاكمة عن الجرائم الدولية في اقليم كوردستان –... | Facebook/lastvisited: 5/8/2023.
Investigator Organization for the Rule of Law| (facebook.com)/last visited: 5/8/2023.
/https://www.unitad.un.org/sites/www.unitad.un.org/files/general/ltqryr_lwl__0.pdf/lastvisited: 15/8/2023.
https://rudawrc.net/ar/article/xyarat-tduyl-alcram-alduly-almrtkb-mn-qbl-dash/lastvisited: 2023/7/25.
https://www.hrw.org/ar/report/2017/12/05/311927/lastvisited: 16/7/2023.
فارسى
ضوارةم/ بة زمانى ئينطليزى
https://www.eccc.gov.kh/en/introduction-eccc/lastvisited: 5/8/2023.