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Legal expert stresses Anfal case is
"Genocide"
21.8.2006
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Erbil, Kurdistan-Iraq, August 20, -- The killing
of over 180,000 Iraqi Kurds in what is known as the
Anfal Campaign, ordered by ousted Iraqi dictator
Saddam Hussein, is a case of "genocide", an Iraqi
legal expert said Sunday.
Former member of the Iraqi National Congress Dr.
Munther Al-Fadhel told KUNA the case was deliberate
mass-killing by different means with premeditation
and prior planning. Thus, "this is not a political
case, regardless of the political motives, but one
of premeditated murder that falls under the umbrella
of the justice system in any state and not just
Iraq." "The Anfal Genocides," the expert said,
"caused severe physical and psychological harm to
the Kurds and those who were not killed were
subjected to dire living conditions that ultimately
led to the death of dozens more of them."
"Sterilization to curb population growth among the
Kurds by the Saddam regime and the separation of
children from parents during the campaigns also
qualifies as genocide," the expert pointed out.
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Former dictator Saddam Hussein
Photo : AFP |
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The legal figure also pointed out the Saddam regime
practiced cultural genocide by banning the Kurdish
language and implementing policies of Arabization
and forcefully changing the cultural identity of
communities and "these are crimes against humanity."
However, the figure added that "There is not the
least doubt the motives of the regime were
political, social, and racist." The crimes committed
within the Anfal campaigns are crimes against
humanity and most are considered by the Vatican to
be crimes against God because they violate the right
to life, to mobility, and to safety and security,
Dr. Munther said.
More on the legal stance over these crimes, the
figure said suspects in crimes of genocide must be
handed over to tribunals for trial if requested.
These are not misdemeanors or felonies but crimes
committed with criminal intent and the accused plan
and execute till they obtain their objective and the
victims are dead, the expert stressed.
The figure again stressed these crimes could stand
for trial in any state and the felons have no
constitutional or legal immunity even if the
constitution of the state in which the crimes occur
states on some kind of immunity.
"The suspects in these crimes have no right to seek
asylum on humanitarian or political grounds and are
absolutely ineligible for pardon." The figure added
the Iraqi constitution, too, states there could not
be presidential pardon for those suspected of acts
of cross-border and international crime, terrorism,
or financial or administrative corruption.
Topping defendants in the Anfal trial are Saddam
Hussein who issued the orders in all executions, Ali
Hasan Al-Majeed who is better known as 'chemical
Ali' who oversaw the massacres, and Taher Tawfeeq
Al-Ani the governor of Mosul and member of the Baath
Regime Regional Command. This is in addition to
Major General Sultan Hashim and many others.
The Anfal Campaigns involved military operations
against civilians by Iraqi forces with documents and
other evidence indicating a most extreme case of
organized and brutal assault on eight phases from
February 22nd till September 6th 1988.
The forces used to subjugate and kill the Kurds
included Kirkuk and Irbil legions as well as
commandos and security and emergency forces.
For the first time in the Saddam trials, a woman is
to stand as one of three members of the popular
prosecution.
The judge heading the investigation meanwhile said
suspects have during questioning confessed Saddam
Hussein had 'personally' issued the orders of
genocide against the Kurds, whereof over 180,000
people were killed and some 3, 000 villages
completely destroyed by March 1988. The operations
were executed under the command and supervision of
Ali Hasan Al-Majeed.
Back to the present, the authorities in Kurdistan by
now completed procedures on handing over all
documents and evidence to the court.
On popular level, non-governmental organizations are
expected to organize marches and activities across
the world in support of the Anfal trials.
Kuna net.kw
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