29 janvier 2008 2 29 /01 /janvier /2008 18:15
 
Global Research
, January 29, 2008
r2214450969.jpegBlatant Derogation of 1949 Geneva Convention


We are greatly alarmed by the following appeal issued by the Iraqi Diplomats Association concerning Iraqi Prisoners of War (POWs}. 




Photo: thewee.cc

 

The lives of Iraqi POWs are in danger. In defense of international humanitarian law and the rights of the Iraqi people and Iraqi prisoners, we join the Association in urging all UN responsible agencies, humanitarian organizations, legal and human rights associations and all people of conscience to take urgent measures to save Iraqi POWs from the illegal acts of the US occupation and its installed governments, and ensure that Iraqi POWs be guaranteed liberty, freedom and safety.


 

Dirk Adriaensens, member of the BRussells Tribunal Executive Committee/Coordinator of SOS Iraq

 

Abdul Ilah Albayaty, member of the BRussells Tribunal Advisory Committee/member of the Iraqi International Initiative on refugees

 

Hana Al Bayaty, Coordinator of the Iraqi International Initiative on refugees/member of the BRussells Tribunal Advisory Committee

  


 
Urgent appeal from Iraqi Diplomats Association to:

 

 

* 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 Baghdad 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 Iraq . 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 Iraq , was a flagrant violation of the International Law. Iraq 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 Iraq 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 United Nations 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 Iraq should end and Iraqi POW should by release immediately.

 


 

Iraqi Diplomats Association

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