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 Legal expert stresses Anfal case is "Genocide"

 Source : KUNA 
  Kurd Net does not take credit for and is not responsible for the content of news information on this page

 


Legal expert stresses Anfal case is "Genocide" 21.8.2006





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.

Former dictator Saddam Hussein
Photo : AFP


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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