Accountability for past abuses in Iraq: LCHR
Calls on Security Council to shoulder its responsibilities
NEW YORK - The Security Council must take responsibility to
ensure effective justice for atrocities committed by the previous
Iraqi government. The Lawyers Committee for Human Rights is deeply
concerned that the current U.S. sponsored draft Security Council resolution
on Iraq, which is expected to be voted on tomorrow, does not include
a call for a commission of experts to collect and examine evidence
and make recommendations for effective prosecutions.
“Whether or not the question of accountability in Iraq is addressed
successfully could make or break the prospects for peace and stability
in the country,” said Michael Posner, the Executive Director
of the Lawyers Committee. “This requires a partnership between
the international community and the Iraqis themselves. A central role
for the international community is crucial for ensuring the independence
and efficacy of investigations and trials. And only the U.N. is in
a position to act right now when urgent measures are needed.”
The Lawyers Committee believes that the enormous scale and scope of
the crimes committed by Saddam Hussein’s regime make international
involvement in an accountability process, particularly of the senior
leadership, essential. The Iraqi justice system, ravaged by decades
of authoritarian rule, will not quickly be in a position to take on
their effective investigation and prosecution. Considering the enormous
pressures that can be expected to accompany a judicial process, external
involvement will be necessary to maintain the appearance, as well
as the reality, of fairness and impartiality. Action by the international
community now is particularly important given the likelihood that
it will be some time before there will be an interim Iraqi authority
in place with power to initiate steps towards establishment of an
accountability mechanism.
Careful consideration must be given to what is the most appropriate
justice mechanism for Iraq. Options include an international tribunal
established by the U.N. for those bearing greatest responsibility,
or a “mixed” tribunal with both Iraqi and international
components. Getting the right mechanism, one that involves Iraqis
most effectively, will be crucial in the interests of stability
and reconciliation in Iraq.
But urgent action is required. It is essential to begin the process
of identifying the most appropriate form of justice mechanism immediately
in order to send a strong signal that those bearing responsibility
will be brought to account and that the international community,
through the U.N., intends to play a major role in such a process.
Sending such a signal is necessary in order to restore confidence
in the current context, preventing people from taking justice into
their own hands and encouraging those responsible for such crimes
to come forward.
“The international community should not shirk its responsibilities
at this time when it is most needed,” said Posner. “There
is no doubt that the crimes of Saddam Hussein’s regime are
of the magnitude and type that are viewed as crimes of concern to
the entire international community. That carries certain duties
and responsibilities.”
The current draft Security Council resolution reaffirms the need
for accountability for crimes and atrocities committed by the previous
Iraqi regime, and calls on States to support actions to bring those
responsible for such crimes to justice. These provisions are welcome,
but they do not go far enough. In particular, no activating mechanism
is included.
The Lawyers Committee is calling upon the Security Council to:
- Appoint a commission of experts with a mandate to examine information
relating to the possible commission of crimes under international
law such as war crimes, crimes against humanity and genocide;
- Call on states to make available to the commission any information
in their possession relating to such crimes;
- Request the Secretary-General to make recommendations to the
Security Council regarding what further steps would be appropriate
so as to ensure fair, independent and effective prosecution of
such crimes, based on the findings of the Commission.
|
