UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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Movement in Kurdistan and its various break-away groups, including Jund Al-Islam/Ansar Al-Islam, which opposed the ruling Kurdish parties as of 1991. b) After the Fall of the Former Regime Examples of acts carried out by an applicant, which may bring him or her within the scope of an exclusion clause would include: - Arbitrary arrest, incommunicado detention, torture, disappearances and summary or extrajudicial executions of civilians reportedly committed by parts of the ISF, and in particular the Police, Special Police Commandoes/Iraqi National Police and the FPS; - Abductions, extortion and intimidation, torture, summary or extra-judicial killings and forced displacement of civilians by militias, at times in collaboration with the ISF, and insurgency groups; - Forced displacement of Arab settlers in Kirkuk, as well as arbitrary arrests, abductions, incommunicado detention and torture attributed to the Kurdish Peshmerga, security and intelligence agencies; - Abductions, extortion, rape, murder and torture by criminal gangs, at times in cooperation with or on behalf of militias or insurgents. The applicable sub-clause of Article 1F would need to be determined in light of the circumstances of the individual case. 2. Crimes Against Peace, War Crimes and Crimes Against Humanity (Article 1F[a]) a) Crimes Against Peace Crimes against peace arise from the “planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing”. 751 Given the nature of this crime, it can only be committed in the context of an international armed conflict, and only by those in a high position of authority representing a State or a State-like entity. Any of the afore-mentioned acts committed by persons in such positions in relation to the armed conflicts between Iran and Iraq (1980-1988) or the invasion of Kuwait in 1990 and the subsequent Gulf War (1991) could fall within the scope of this category under Article 1F(a). 752 751 Article 6(a) of the Charter of the International Military Tribunal, available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b39614. 752 For further details, see paragraphs 26-29 of UNHCR’s Background Note on Exclusion. See also UN Security Council resolutions regarding Iraq’s invasion of Kuwait (UNSC, Resolution 660 (1990), 2 August 1990, available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid= 3b00f12240) and the violent suppression of the Kurdish and Shi’ite uprisings in Iraq following the Gulf War 142
) War Crimes War crimes are serious violations of the laws and customs of war which give rise to criminal responsibility directly under international law, either because this is explicitly provided for in the relevant international instruments, 753 or on the basis of customary international law. Decision makers should bear in mind that only those acts which are committed during times of armed conflict, and which are linked to the conflict (the socalled “nexus” requirement) can constitute war crimes. In conducting an exclusion analysis, it is necessary to consider whether the armed conflict is international or non-international in nature, as different legal provisions are applicable to acts committed in either. War crimes may be committed by civilians as well as military persons. Anyone – civilian or military – who enjoys protection under the relevant provisions of international humanitarian law can be the victim of a war crime. 754 In the Iraq context, the applicability of Article 1F(a) “war crimes” may arise with regard to acts committed during the various periods of armed conflict between 1979 and the present. 755 i. International Armed Conflict Acts which constitute “war crimes” when committed in an international armed conflict are defined in the grave breaches provisions of the Four Geneva Conventions of 1949 and Additional Protocol (AP) I thereto of 1977. Article 8(2)(a) and (b) of the Statute of the International Criminal Court is also relevant for the qualification of acts which take place in an international armed conflict after July 1998. Acts committed during an international armed conflict 756 which come within the definitions set out in the relevant provisions may give rise to exclusion under Article 1F(a) as “war crimes”, provided they take place in the context of, and were associated with, the armed conflict. If this link, or “nexus”, is not present, the acts in question could not amount to “war crimes” under Article 1F(a). Rather, (UNSC, Resolution 688 (1991), 5 April 1991, available in UNHCR’s Refworld at: http://www.unhcr.org/cgibin/texis/vtx/refworld/rwmain?docid=3b00f16b30). 753 See below under “International Armed Conflict” and “Non-International Armed Conflict”. 754 See UNHCR, Background Note on Exclusion, at paragraphs 30-32 and Annex B, see above footnote 741. 755 In this context, it is worth noting that members of the KDP and PUK armed forces have been involved in a series of international and internal conflicts, sometimes fighting the Iraqi Central Government, sometimes siding with it, including during the Iran-Iraq War (1980-1988), the Kurdish Civil War (1995-1998) as well as the fighting against Kurdish Islamist groups after 1991, in particular the assault on Ansar Al-Islam in March 2003 with the help of US Forces. KDP/PUK armed forces also supported the US-led troops in defeating Iraqi Government troops in Kirkuk and Mosul in March/April 2003. In relation to these conflicts, exclusion considerations, in particular with relation to Article 1F(a) may come into play. It is noteworthy that the Peshmerga also had women in its ranks. See, for example, HRW, Ansar al-Islam in Iraqi Kurdistan, see above footnote 414; USDOS, Bureau of Public Affairs, Saddam’s Chemical Weapons Campaign: Halabja, March 16, 1988, 13 March 2003, http://www.state.gov/documents/organization/18817.pdf. 756 Since 1979, Iraq went through various periods of international armed conflict, notably - The Iraq-Iran War (1980-1988); - The invasion and occupation of Kuwait in 1990 and subsequent Gulf War (1991); and - The period from the US-led invasion in March 2003 until the handover of sovereignty to the Iraqi Interim Government on 28 June 2004. 143
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UNHCR’s ELIGIBILITY GUIDELINES FO
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iii) Current Situation ............
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a) Overall Situation ..............
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IOM International Organization for
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EXECUTIVE SUMMARY A. Current Situat
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and gatherings, Shi’ite religious
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Government Officials and Other Pers
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Iraqi Asylum-Seekers From Central a
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considered to be well-founded. To t
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affiliated with criminal groups. In
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expand on the legal and policy guid
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The general chaos following the inv
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countries. While a good part of the
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evenues. 41 An understanding of var
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Article 140 of the Constitution cal
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the Middle East in terms of women
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epealed the CPA’s decision to sus
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The Iraqi judiciary continues to be
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Several groups, including the Mujah
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Al-Sunna. In addition, members of t
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dominated Special Police Commando u
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military commander in Iraq, General
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IV. PARTICULAR GROUPS AT RISK A. Re
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to Osama Bin Laden, the Shi’ites
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Shi’ite militias on the other han
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underscored how explosive the confl
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of the latest security crack-down i
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Ninewa Plains in particular have be
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The overall climate results in non-
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efuge in the three Northern Governo
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an international court. 261 Several
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The alleged main perpetrators of at
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In the current climate of religious
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prohibition to kill, lie, commit ad
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Mandaeans as belonging to the “Pe
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have found refuge with the Sabaean-
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distributed to homes in Baghdad gav
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Estimates of the number of Yazidis
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Yazidis are furthermore organized i
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AP reported in October 2006 that
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apostasy and a threat to public ord
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KRG. Mr. Falak Al-Deen Kakai, senio
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“those Iraqis who had lost their
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government offices, 441 and changin
Page 91 and 92: security, of transferring hundreds
Page 93 and 94: 2. Roma (Kawliyah) 461 a) Introduct
Page 95 and 96: Ghraib and was known for its strong
Page 97 and 98: Sunnis willing to denounce violence
Page 99 and 100: CPA began to allow some vetted ex-B
Page 101 and 102: It has been documented that attacks
Page 103 and 104: een killed in Iraq and another 491
Page 105 and 106: Acts committed against employees or
Page 107 and 108: E. Government Officials and Other P
Page 109 and 110: 3. Persons Opposing the Ruling Part
Page 111 and 112: 3,250 professors had fled Iraq sinc
Page 113 and 114: There are a number of possible moti
Page 115 and 116: inside the media compound, refrain
Page 117 and 118: 3. Artists Iraqi artists, actors an
Page 119 and 120: groups for not giving priority to t
Page 121 and 122: population at large and bring the c
Page 123 and 124: after their release. 660 UNAMI HRO
Page 125 and 126: International Covenant on Civil and
Page 127 and 128: evidence that over forty people had
Page 129 and 130: Both sexes have become victims of s
Page 131 and 132: V. ELIGIBILITY FOR INTERNATIONAL PR
Page 133 and 134: those countries, even only on a tem
Page 135 and 136: violence on a daily basis. Ordinary
Page 137 and 138: cause. 733 More than one Convention
Page 139 and 140: C. Exclusion From International Ref
Page 141: a) Before the Fall of the Former Re
Page 145 and 146: in mind when assessing crimes commi
Page 147 and 148: groups (pre-2003) or insurgency or
Page 149 and 150: A plausible explanation regarding t
Page 151 and 152: D. Internal Flight or Relocation Al
Page 153 and 154: Travel by Road Road travel in Iraq,
Page 155 and 156: with armed conflict between the MNF
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Page 159 and 160: It has been reported that new IDPs,
Page 161 and 162: Interior and Finance. While the Min
Page 163 and 164: and generally describe the three No
Page 165 and 166: In order to access the three Northe
Page 167 and 168: Governorate of Sulaymaniyah Persons
Page 169 and 170: v. Risk of Persecution or Other Ser
Page 171 and 172: In addition, non-Kurdish persons, p
Page 173 and 174: Conclusion Availability of an inter
Page 175 and 176: to flee Iraq have done so illegally
Page 177 and 178: explosives blew up. Two people were
Page 179 and 180: • On 2 July 2003, an armed assaul
Page 181 and 182: • 18 September 2006: Gunmen kille
Page 183 and 184: • 17 December 2003: An angry mob
Page 185 and 186: Annex IV: Attacks on Government Off
Page 187 and 188: • 2 May 2006: A suicide car bombe
Page 189 and 190: • 5 December 2006: Dr. Mohammed H
Page 191 and 192: Annex VI: Attacks on Doctors and Ot
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• 1 July - 31 August 2006: Accord
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Annex VIII: Attacks on Athletes and
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Annex IX: Attacks on Palestinian Re
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Palestinian family fled the hospita
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Annex X: Selected Bibliography Note
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IWPR, Baghdad Gays Fear for Their L
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Senanayake, Sumedha, Iraq: Ethnic T
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W Wilson, Scott, Iraqis Killing For
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