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Paris, May 13, 2003
Dear Ambassador,
The International Federation for Human Rights (FIDH)- a network
of 116 national Human Rights organizations in more than 90 countries-
is deeply concerned about recent proposals made by representatives
of the United States Administration on the issue of justice
for Iraqi victims and in particular on the idea to set up a
special court, with no more precisions, within the Iraqi judiciary
to prosecute those responsible for the crimes perpetrated under
Saddam Hussein’s regime.
The FIDH believes that those responsible for crimes under international
law and other grave human rights abuses committed in Iraq must
be brought to justice and that national courts have a primary
responsibility in that matter.
However, the FIDH seriously condemns any attempt by the US
government to establish a second-class court within the Iraqi
system that would result in the violation of fundamental human
rights and international standards of a fair and impartial justice,
and in the end, in the violation of the right of victims to
effective remedy before independent courts. The FIDH cannot
but vigorously oppose a proposal that would result in death
penalty sentences as acknowledged by the US representatives
themselves.
Recalling Security Council relevant resolutions adopted since
1990, which considered the Iraqi regime as a threat to international
peace and security, the FIDH continues to believe that the creation
of an ad hoc internationalized tribunal created by the Security
Council is the most appropriate alternative. That option has
gained support through the years from the US administration
itself to the European Parliament when it that adopted a “Resolution
on the situation in Iraq eleven years after the Gulf War”
on May 16th 2002 in which it “asks the Council and its
Member States to take all necessary measures in order to bring
those responsible for grave violations of international law
and human rights abuses on and outside Iraq ‘s territory
before and ad hoc international tribunal for Iraq”.
The FIDH reaffirms that the United Nations need to claim its
authority as the most legitimate body in the reconstruction
of the Iraqi judicial system and in the search for alternative
mechanisms to fight against impunity.
The FIDH calls on the United Nations Security Council to appoint
a UN Commission of experts with the special mandate to develop
in due time proposals and recommendations that would address
comprehensively the issue of the fight against impunity in Iraq.
The FIDH urges all members of the Security Council to restate
the views endorsed by their government through past resolutions
and calls the Pakistani Presidency to put this issue on the
agenda.
Sincerely yours,
Sidiki KABA
President |
