GICJ participation on Iraq in side-events

During the 25th session of the Human Rights Council GICJ participated in various meetings and side events. On the topic of Iraq GICJ organized a side event at the United Nations under the title “Countering terrorism in the Middle East”, during the which speakers addressed the question of terrorism under international law in general and the case of Iraq in particular. GICJ further held a presentation during a side event under the title "Women in conflict". At the example of Iraq GICJ spoke about the long lasting consequences of conflicts.

GICJ participation on Iraq in side-events organized during the 25th session of the Human Rights Council

On 18 March 2014 GICJ organized a side event at the United Nations under the topic “Countering terrorism in the Middle East.” During the meeting moderated by Daniela Dönges from GICJ the International Human Rights Lawyer Dr Karen Parker, the founder of "Citizens for peace building, Tomader Gohar, and Ahmed Quraishi, Senior Research Fellow at the Pakistan Federal Reorganization Program, addressed the question of terrorism under international law in general and the case of Egypt and Iraq in particular.

In her statement Karen Parker in her role as attorney who practices human rights and humanitarian law full time explored the definition of terrorism under international law. So far hee international community does not give a clear, legally binding definition of terrorism, she explained. The use of similar tactics for protection is usually not labeled terrorism, though these same actions may be labeled terrorism when they are perpetrated by a politically motivated group. which poses serious challenges to the international community while encountering so called terrorism. Thus, Karen Parker said, terrorism / counter terrorism policy has frequently eroded basic human rights.

The founder of "Citizens for peace building, Tomader Gohar, began her presentation by relating the topic to Einestein's theory on light and darkness: Is terrorism lack of peace? Or is it a result of other issues?

UN documents generally aim at curbing of violence and expansion of peace and security. Yet so far all conventions issued on the issue refer to terrorism as individual acts committed by persons, she explained. Among this background the OHCHR deployed all efforts to ensure that the rights of perpetrators to a fair trial is guaranteed, while the victims of terrorism receive the right to compensation.

The UN Committee on Counter Terrorism outlined the criteria for identifying a terrorist group, a comprehensive approach however is still missing. The Global counter-terrorism forum (GCTS) speaks of extremism as being terrorism. Yet, if terrorism is merely an individual act, how can be described the situations where terrorism is used to instigate violence, instability and terror with the aim to instauring new concepts to a society by force, or where extremists are coming from outside a given state.

Tamader Gohar ended her presentation by saying that it would be a solution to describe these situations as "proxy wars", rather than terrorism. Inter-state wars in the classic sense take place between states, yet they have decreased significantly in comparison with intra-state wars. At the example of Egypt, which she described as a case where terrorist groups systematically tried to destabilize the country, Gohar conclusively proposed that a new concept should be developed in order to find proper solutions in countering terrorism, to which different rules apply than to war.

Ahmed Quraishi, who has lived in southern Iraq from March through July 2003 described the case of Iraq. Although international law has given sanctity and protection to religious belief and the right of individuals to practice any faith there is a black hole in this law concerning the use of religion or sect by States to further political or strategic objectives, Quraishi said, and one of the blatant examples in this regard is the case of Iraq.

In Iraq, sect was partially exploited to pave the way for the invasion. Empirical evidence exists that the United States deliberately included the exploitation of sectarian divisions as part of the plan to invade Iraq along religious and sectarian lines in order to divide the rule elite under former president Saddam Hussain. After the war, Iraq became a playing ground for various States using sect to further political or strategic objectives. What was not anticipated by most observers is that Iraq’s post-Saddam government would itself become the biggest user/exploiter of sect to achieve political objectives. Iraq became a playground for hardline elements in Iran to experiment with the idea of supporting sectarian proxy groups to assume power in another country.

This led to a domino effect far beyond the borders of Iraq, affecting sectarian harmony in Syria, Lebanon, Egypt, Malaysia, Bahrain and Pakistan. Sectarian warfare in Pakistan intensified after 2003, mirroring what happened in the rest of the Middle East. Again, this warfare was directly linked to certain governments in the region using the Sunni and the Shia sects of Islam for political objectives, with the support of superpowers. Sunnis and Shias are not to be blamed as much as the governments and their spy agencies that support small groups of sectarian extremists who hijack the national discourse and exaggerate sectarian tensions.

The Iraqi government action in al-Anbar Province and specifically in and around Fallujah, Quraishi concluded, will probably be taught in the future as a classic example of how post-war Iraq produced a new urgency to debate and possibly legislate a ban on the use of sectarian divide within any country to promote political or strategic objectives. This should include proper national legislation prohibiting the licensing of political parties that are based on narrow sectarian definitions.

Women in conflict

On Tuesday 25 March 2014 GICJ participated in a side event organized by the Women's International League for Peace and Freedom under the title "Women in conflict". At the example of Iraq GICJ spoke about the long lasting consequences of conflicts, especially on the life of women, who, when war erupts, are often the first to experience the harsh brutality and whose suffering does not end even years after the beginning of the conflict.

In the presentation GICJ addressed certain areas that especially affect the life of women in conflict: Widowhood, displacement, disappearances, detention, poverty, education, sexual exploitation and health.

Widowhood: Eleven years after the invasion, in 2014, there are up to 2 million women in Iraq who are the primary breadwinnder of the family, most of them are war widows. These women belong to the most vulnerable people affected by the war and are often victims of poverty, food insecurity, exploitation and abuse. Many of them are seen begging in the streets, a phenomena which did not exist prior to the invasion. Despite all, the Iraqi government prefers to take them off the streets instead of helping them. At present some 83.000 women are registered for state aid, yet the number is shockingly small to those effectively in need.

Displacement: Following the US-invasion in 2003 up to five million Iraqi women have been internally and externally displaced, more then 83% of thenm women and children. In practise this means that 55% of Iraqi women have been displaced. Many of them have never received any humanitarian assistance and often they live under the most deplorable conditions. The situation is especially critical for those who fled to Syria. Many women have thus been subjected to multiple displacements, yet often these returnees cannot go back to their place of origine and find themselves without shelter, no finance, no access to health care, education or security.

Disappearances: The number of missing people in Iraq is among the most worrying figures of the war. Estimations range up to one million people, among them 90.000 children. Their traces vanished in the chaos of war and occupation, during which targeted attacks, arbitrary arrests and extrajudicial executions occured on a regular scale. Unfortunately so far neither the US nor the Iraqi government helped families to properly search for their loved ones, although the right to know is precondition for healing. Grief and hardship thus remain the dominant feature for the women of Iraq.

Detention: As a result of the invasion the Iraqi judicial system has been totally dismantled and remains flawed and inhumane on all levels. Women are especially affected, since they are often held in prison for offenses resulting from their misery such as begging or prostitution, or in order to obtain information about family members. At present thousands of Iraqi women are illegaly held in detention and commonly subjected to torture, ill-treatment, including sexual abuse and rape, sometimes even in front ot husband and children. Many women are detained for years without seeing a judge.

Poverty: Prior to the invasion were integral to Iraq's economy and helf high positions in private and public sectors. As a result of the invasion these opportunities have ceased to exist. Unemployment is high and especially among women. For many women sheer survival has become the main aim of their lifes. At present about 8 million Iraqis are living in extreme poverty and on less than one dollar per day. About half of the Iraqi people are living in slum conditions as a result of the war. A by-product of poverty is polygamy, which is promoted by some officials as a way to address the issue.

Education: Prior to 1990 Iraq had one of the best educational performances in the entire region. Primary school enrolement was 100% and literacy levels were high. The system was such that Iraq received the UNESCO award for eridicating illiterary. Following the invasion during which schools were bombed and looted and security became a non-existant concept the number of children receiving primary education has dramatically declined, especially for girls. There is no region in Iraq in which the number of girls completing school is in any way acceptable. Some 75% of girls drop out school during or at the end of primary school, thus losing their future.

Sexual exploitation: Prior to the invasion prostitution and trafficking of girls did practically not exist. Following the invasion Iraq has become one of the worst places regarding prostitution and sexual exploitation. Women are forced into temporary marriages in order to support their families or lured into sexual exploitation through false promises of work. Around 65% among prostituted females however are minor girls. Moreover Iraq has become a hotbed of international trafficking of girls. At present the prices for girls range up to 30.000 dollars, best prices are paid for girls under 16.

Health: During the 2003 invasion Iraq's former state of the art health system has been totally destroyed. Hospitals were bombed, doctors fled the country and the medical supply depleted so that child mortality and diseases increased dramatically. One of the most worrying results of the invasion however is the horrific increase of cancer and birth defects due to the use of depleted uranium and other toxic agents by the invading forces. In some areas the number of babies born with a defect rose by over 60%. As a result young women in Iraq have become increasingly reluctant to become pregnant.

The full presentation can be seen here:

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Human Rights Council - 29th regular session (15 June - 3 July 2015)

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Human Rights Council - 22nd special session on the human rights situation in Iraq in light of abuses committed by the Islamic State in Iraq and the Levant and associated groups - 1 September 2014:

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Human Rights Council - 21st special session on the human rights situation in the Occupied Palestinian Territory, including East Jerusalem - 23 July 2014: