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Author: Dr. Sherzad Aziz Suleiman
Abstract: The Iraqi former Regimes attitude against the population of Kurdistan lead to a wide spread experience of Enforced Disappearance cases, and a huge number of victims are recorded ,in consequence the Iraqi High Criminal Court Law No. (10) In 2005 criminalized the Enforced Disappearance According to the article (12), and considered such crimes as crimes against humanity. And mentioned in article (22) that the victims’ relatives and injured Iraqi persons have the right to sue before this court against the accused (Persons) about such acts which creating a crime according the rules of this law for the injuries they harmed…” The international community also determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance, considering the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation, and issued the International Convention for the Protection of All Persons from Enforced Disappearance in 2006. This reaserch aims at declaring the Iraqi law position, and tries to answer the questions arises from this issue. Such as does the Iraqi civil law system capable to cover all civil effects of the mentioned crime? Is it able to accomplish the international obligation which imposes upon each state party to ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation? Whether civil law traditional Rules are suitable for this purpose or not? It is worth mentioning that (Article 24/4) covers material and moral damages and, where appropriate, other forms of reparation such as: ( a ) Restitution;( b ) Rehabilitation; ( c ) Satisfaction, including restoration of dignity and reputation; ( d ) Guarantees of non-repetition”. These items attracted us to compare the Iraqi law system concerning to the Reparation and Compensation with the mentioned International Mechanisms. The significance of this subject arises from the importance of the victims, and their suffer from these inhuman practices against population of Kurdistan Region.
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doi:10.23918/ilic2018.30
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(2): Special Issue