الحصانة الممنوحة للقوات الاجنبية والعاملين معها في العراق == The Immunity Granted to Foreign Troops and his Staff in Iraq
Author name:
نور سالم علي سلمان
Supervisor name:
طيبة جواد حمد المختار
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1681 - p.pdf
Abstract:
Since 2003, the foreign presence in Iraq has taken two types . The first one was in the form of foreign military forces which was known as the international coalition headed by USA and Britain . This coalition was founded by UN Security Council in its resolutions related to situation of Iraq and its various legal status . These forces were considered as occupation forces according to the resolution No. 1483 of 2003, while they were considered as multi - national forces aim to achieve security and stability in Iraq according to the resolution No. 1511 of 2003. But indeed, these forces were far from these aims. This foreign presence was accompanied by many violations starting from the invasion of Iraq to committing crimes according to the national and international law. There was another type of foreign presence , represented by the private security companies . USA and Britain concluded contracts with these companies to perform civil duties such as protecting the American embassy in Iraq or combat missions such as providing back up and support as well as involving in criminal actions such as what was happened in Abu - Ghraib Prison in Baghdad in 2003 and Fallujah in 2004, or committing crimes such as the incident of Nisour Square in Baghdad in 2007, where many civilians were killed and injured by shooting fire, randomly. As a result of the chaos, the unclear situation of the employees of these private security companies and the secret missions assigned to them and were stated in their contracts, where they stay confidential and cannot be reached by no one, these employees were granted an immunity upon the orders of (CPA )Coalition provincial authority (abolished) . This Immunity was similar to that one granted to the representatives of states, (whether military or civilian) , and even part of them were treated as diplomatic agents as they have a diplomatic immunity . Therefore, in the second chapter, we have discussed this immunity and its legitimacy according to the international and national laws and what is the actual and real situation of these forces and the employees of the private security companies, where we found that the immunity is against the provisions of international law including order No. 17 of 2003 and order No 17, amended (recommendation) of 2004 which granted the employees of security companies an immunity similar to the immunity of the military forces. It was very important to discuss the possibility to bring these foreign forces and their contractors in Iraq to competent courts for the crimes they have committed. These crimes were considered as international crimes which were within the jurisdiction of the international criminal court. Moreover, it was very essential to look for alternative solutions that allow Iraq to get its right , fully according to article no. 6 of Iraqi penalties law (effective) No. 111 of 1969, which stipulates that everyone exists on the lands of Iraq ( Iraqis or foreigners) is subject to Iraqi law according to article No. 12 of the security agreement between Iraq and USA. As the result of the difficulties facing the activation of the jurisdiction of Iraqi courts, we have studied the possibility to bring foreign forces and the employees of security companies to appear before their state - courts . By quoting from their national laws and examples of some trials for soldiers , we have found that USA is trying to protect the employees of these security companies and not holding them the responsibility of crimes they have committed.
