Global Research, January 29, 2008
Abdul Ilah Albayaty, member of the BRussells Tribunal Advisory Committee/member of the Iraqi International Initiative on refugees
* International Committee of the Red Cross (ICRC).
* All legal and humanitarian institutions worldwide, governmental and non-governmental.
* The International public opinion.
The Iraqi sectarian Government established under the US occupation is about to agree with the occupying power to transfer all Iraqi prisoners of war (POW) and detainees held in the
International Airport prison from US authority to its authority. This information was confirmed by the American airport prison authority who informed the defense lawyers of Iraqi POW that beginning with 31 March 2008 it will relinquish the responsibility of their safety during their visits to the prison .This means that the handover is imminent, and a new carnage is about to take place, similar to that when president Saddam Hussein and his comrades were handed over to the same sectarian Government and its Militias.
The International public opinion witnessed the mockery of law of the illegal Iraqi High Criminal Court .In addition to its illegal status, the court lacks the minimum conditions for fair trial .This illegal Court was established mainly to revenge Iraqi legitimate leadership and to propagate the sectarianism and ethnic cleansing in
. Iraqi POW and detainees could also face summary execution and dropped in the streets of Baghdad as (unidentified tortured and killed bodies).
The ICRC has a permanent mandate to take impartial action to uphold International Humanitarian Law , supervise its implementation, denounce its violations ,and endeavors to stop these violations .The ICRC is well aware that United Nations Security Council Resolution 1546(2004), which pretended the end of US occupation of
, was a flagrant violation of the International Law. is still under the rule of the occupying power. Thus, the rules of the International Humanitarian Law are still applicable to the Iraqi POW and detainees in US detention centers. Article 118 of Third Geneva Convention of 1949 stipulates that (Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.). The US declared the end of its military operations in the first of May 2003. Furthermore, the US did not announce any judicial prosecution on Iraqi POW during their detention, which could justify the continuation of their detention.
The transfer of Iraqi POW to the Iraqi Government and its Militias to try them for (crimes) in carrying out their official duties before the US invasion is illegal too. Art 99. of Third Geneva Convention of 1949 stipulates that ( No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed).
We call upon the ICRC to shoulder its responsibilities under the International Law, and use all means permissible by the International Law to grant the release of all Iraqi POW's and detainees and grant their safety.
We call upon all legal and humanitarian institutions worldwide, governmental and non-governmental, to act now to prevent the looming carnage of Iraqi POW by the sectarian illegal Iraqi Government and its Militias.
We call upon all states and the
to speak up immediately and work for the release of Iraqi POW.
We call upon the UN Security Council to affirm the legal basis governing international relations and in particular the fundamental norms of international humanitarian law. US occupation of should end and Iraqi POW should by release immediately.
Iraqi Diplomats Association