UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

Persons affiliated or associated with the former Government in Iraq, through membership
in the Ba’ath Party or as a result of their functions or profession, have been the subject of
attacks since the early days of the regime change and continue to face serious risk of human
rights violations. The degree to which these persons are at risk depends on several factors,
such as the extent of association with the Ba’athist ideology and the human rights
violations committed during that era, the rank or position previously held, and whether or
not the person is known to have been involved in political activities. Senior level of
affiliation or rank within the Ba’ath Party or the country’s political or security system may
be a determining factor regarding who is targeted. Low-ranking officials have, however,
also been killed or otherwise attacked because their activities were well-known 506 at
neighbourhood level, e.g. they were involved in policing activities, the search for army
deserters or the recruitment for paramilitary armed groups such as Jaish Al-Quds (The
Jerusalem Army), the Fedayeen Saddam (Saddam’s “Men of Sacrifice”) and the Ashbal
Saddam (Saddam’s Lion Cubs). In addition, a number of low-level bureaucrats such as
teachers and professors have been killed. 507 Some bodies that were found were clearly
identified (with notes on them) as Ba’ath Party members. 508
Former members of the Ba’ath Party and the country’s political and security institutions
may face harassment, intimidation and physical violence, including assassination. 509
Reportedly, “hit-lists” have been established by Shi’ite militias from Ba’ath Party
membership lists and documents looted from buildings of the former security and
intelligence agencies after the fall of the former regime. Former officials are accused of
having engaged in broad-based discrimination and widespread terror, suppressing freedom
of conscience, and condoning summary and arbitrary executions, torture, rape and sexual
abuse during detention and enforced or involuntary disappearances.
Despite a number of fatwas issued by Shi’ite clerics, including Grand Ayatollah Ali Al-
Sistani, not to carry out acts of revenge against Ba’ath party members or security officers of
the former Government, a wave of killings took place after the fall of the former regime. 510
506 See also: See UNHCR, 2005 Eligibility Guidelines, para. 48, see above footnote 8.
507 See also “Academics, Professors, Teachers and Students”.
508 Romesh Ratnesar, Vengeance Has its Day, Time Magazine, 22 November 2003, http://www.time.com/
time/magazine/article/0,9171,548790,00.html; Anna Badkhen, Gunmen stalk Hussein party members, San
Francisco Chronicle, 21 September 2003, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/09/21/
MN81296.DTL.
509 For a list of cases involving the (attempted) killing of former Ba’ath Party officials and other persons
considered to be affiliated with the former regime of Saddam Hussein, see “Annex IV: Attacks on
Government Officials and Other Persons Associated With the Current Iraqi Government, Administration and
Institutions”.
510 AI, Iraq – The need for security, 4 July 2003, MDE 14/143/2003, p. 5-6, http://web.amnesty.org/library/
pdf/MDE141432003ENGLISH/$File/MDE1414303.pdf; Scott Wilson, Iraqis Killing Former Baath Party
Members, The Washington Post, 20 May 2003, http://www.washingtonpost.com/ac2/wp-dyn/A12583-
2003May19. See also: Dumeetha Luthra, Basra revenge killings increase, BBC News, 9 December 2003,
http://news.bbc.co.uk/2/hi/middle_east/3303051.stm; Ratnesar, see above footnote 508; Joel Brinkley,
Revenge killings thin ex-Baathists’ ranks, The New York Times, 1 November 2003, http://www.sfgate.com/
cgi-bin/article.cgi?f=/c/a/2003/11/01/MNGPP2O72B1.DTL; Anna Badkhen, Gunmen stalk Hussein party
members, San Francisco Chronicle, 21 September 2003, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/
2003/09/21/MN81296.DTL.
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