A/HRC/38/44/Add.44
5
On the mass graves, the Iraqi government has taken upon itself to give full
assistance to all those affected by the terrorist operations through the law of compensation
for those affected by combat operations, military errors and terrorist operations No. 20 of
2009.
- The Iraqi legislator has also established a mechanism to deal with cases of losses in
general, including cases arising from crimes under the provisions of the Minors' Welfare
Law No. 78 of 1980 under the article, where they are considered missing and are dealt with
in accordance with Article 93 of the said law.
The law put certain time periods, after those periods, the missing person considered dead
according to specific legal conditions.
-Mass graves law No. 5 /2006 amended by law No. 13 /2015 regulate a mechanism to deal
with human remains, where adequate protection provided and keeping them away from
tampering preventing them from any violation against including even the graves resulted
by ISIL terrorists.
- The Iraqi legislation and procedures also specify the effective mechanism for dealing with
the displaced persons as a result of the acts and crimes committed by ISIL, which focus on
voluntary return, preventing discrimination, protecting human rights and rehabilitating the
areas in preparation for receiving the people again.
- All relevant governmental institutions shall provide care to internally displaced persons
without discrimination and shall endeavor to create the conditions for their voluntary return
to their areas of origin voluntarily after the provision of appropriate services.
-While we are supporting the Rapporteur's view point on the challenges regarding financial,
human resources and shortage in mass graves equipments, among these challenges facing
the process of opening mass graves for the victims of ISIL is their presence in relatively
insecure areas, "or within minefields or unexploded ordnance, which make the mission
uneasy to open them according to the law.
6
On paragraph 20, in which the Rapporteur described the anti-terrorism law
too vague and overly broad, the committee would like to point out that the anti-terrorism
law focused on how to adapt the crime of terrorism, not only specific crimes as described
by the Rapportuer in the paragraph above ,and all of these crimes are serious crimes lie
under international standards on the death penalty and subjected to jurisdiction of Iraqi
judiciary and comprehensive jurisdiction according to Iraqi laws.
7
With regard to paragraph 23, Iraq is currently preparing a draft law on
international crimes applicable to crimes committed by ISIL terrorist groups during its
period of control over areas in Iraq. The United Nations Assistance Mission for Iraq is
also submitted another draft law prepared by UN experts for the purpose of establishing a
Specialized Tribunal (Iraqi Criminal Court specialized with International crimes ) and
many parties take part in discussing this draft law , such as , Higher Judicial Council ,
Independent Human Rights Commission , and civil society representatives.
-States should work together with Iraq in the context of combating terrorism according to
the international conventions and UN Security Council resolutions such as , resolution
No.1456 /2003 which refers to principle (either extradite or prosecute) those who finance ,
plan , support or commit terrorist acts or provide safe havens.
The Iraqi current law addressed these cases in terms of jurisdiction, as the Iraqi national
judicial authorities have a global criminal jurisdiction to prosecute all terrorists
internationally regardless their nationality or the place of crime.
8
With regard to paragraph 27, the Law on the Protection of Witnesses,
Experts, informants and victims No. 58 of 2017, which provided special protection for
these groups and established a specialized department dealing with these cases inside the
Ministry of Interior.
-With regard to cases of detention carried out by the Iraqi security and military forces, these
procedures are subjected to the supervision of the Directorate of Human Rights in the
Ministry of Defence and all database and information about them are saved according to a
9
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