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