Breaking the Cycle: Addressing Family Violence Through Human Rights and Legal Reform in Iraq

Family problems turn into murders and cause the collapse of Iraqi society's standards

Iraqi society is one of the societies that has experienced the most events and changes such as sectarian wars, terrorism, violence, demographic changes, and the fall of entire cities and turning them into ruins, in addition to the fragmentation of the national identity to be replaced by ideological or tribal identities. Therefore, all of these factors have led to the emergence of abnormal or strange social cases in Iraqi society, fathers killing their children, mothers throwing their children off bridges, a daughter killing her mother with her father's unlicensed weapon, and other heinous criminal cases that no conscious mind can accept.

According to specialists, these criminal cases have caused a disruption in social systems and led to the collapse of some value and moral standards, which need to be highlighted.

Psychological accumulations

A social researcher in the field of psychology says that “crimes within the Iraqi family have escalated during the past period, due to psychological accumulations, the decline in the standard of living, and the spread of loose weapons that require control and intensive operations to end this phenomenon that has become a threat to societal security.”

She believes that this type of crime cannot be confronted with law and security alone, but rather societal crimes must be addressed according to several directions, including psychological, economic, security, and even political, in addition to spreading culture and learning among the classes of the people, which quickly reflects on disputes, as well as crimes.”

The severity of criminal crimes has escalated in Iraq during the past months, and has caused the deaths of dozens of citizens in various governorates of the country, while psychological experts say that the deterioration of the economic situation, as well as the impact of the “Corona” virus, is the most prominent reason for the growth of this phenomenon.

For example, the Supreme Judicial Council in Iraq revealed that the Hillah Investigation Court approved the confessions of 13 defendants in the crime of killing an entire family of 20 people by Iraqi security forces in the Rashid area in the Jablah district, in Babil Governorate, and that “the investigating judge approved the statements of 13 defendants, including 9 officers and 3 members in addition to the informant who provided incorrect information.” He added, “Through investigations with the defendants, it became clear that the cause of the incident was false information by the victim’s nephew, his daughter’s husband, as a result of family disputes between them, as he provided incorrect information to the security services, claiming that there were terrorists wanted under the Iraqi Anti-Terrorism Law in the victim’s house, so the security services raided his house.” Babil Governorate also recorded another crime that shook Iraqi society, where a young man killed and injured eight members of his family, due to a dispute over a palm tree.

On the other hand, the authorities announced last week the arrest of a man accused of killing his brother and raping his two minor daughters, aged 12-15, in the Nahrawan area of Baghdad Governorate. This crime caused great shock among Iraqis on social media.

A 25-year-old woman also recently strangled her husband to death due to family problems in the town of Souq Al-Shuyukh in Dhi Qar Governorate in southern Iraq. This came days after a woman burned down a room where her husband was sleeping after she put drugs in his drink, according to confessions she made to the police.

From the above, we note that family crimes are not only committed by men, but also by women, and this is evidence of unnatural changes in the structure of society, which has caused distortion and deviation in the path of the system of building and forming society. Sources in the Iraqi Ministry of Interior confirm that murders are recorded monthly in homes.

Punishing criminals with death

A legal expert believed that the crimes of burning, dismembering bodies, and using brutal methods in committing the crime confirm the existence of a high tendency to commit and plan the crime.

He called for punishing these criminals with death according to the Iraqi Penal Code, adding that “the reason for committing most of these crimes is drug use, unemployment, loose weapons, and weak religious deterrence.”

These crimes are new to Iraqi society and require quick solutions.” He concluded by saying: “The prevalence of heinous, well-planned, and not perfect crimes is not only caused by material things, as there are revenge crimes that sometimes have trivial causes.” Iraq does not have a law on domestic violence, and relies on legislative articles that allow the husband and father to “discipline the children or wife by beating them as long as they do not exceed the limits of Sharia.” Article 41 of the Penal Code states that “there is no crime if the act of beating occurs in the exercise of a right established by law. It is considered an exercise of the right for a husband to discipline his wife, and for parents and teachers to discipline minor children.” The police usually resort to imposing pledges on the person who caused the harm, whether it is a father, mother, or husband, and sometimes suffice with conducting a “reconciliation” between the two parties. If the party causing the harm is the father, the children are obligated to return home. In 2023, Iraq recorded a 12 percent increase in criminal crimes compared to 2019. Official data indicates that 4,700 murders were recorded with criminal motives during the past year, compared to 4,180 crimes in 2019. The number of crimes recorded in 2021 in Iraq was 1,077 murders, 666 of which were discovered, or 61 percent.

Human Rights & Rule of Law Perspective

The alarming rise in family-related murders in Iraq not only reflects a breakdown in social norms but also raises significant human rights concerns. The right to life, safety, and dignity is fundamental, and these violent acts violate these basic human rights. The lack of effective legal frameworks to protect individuals from domestic violence and the normalization of violence within families further exacerbate this crisis.

Key Human Rights Issues:

1. Lack of Protective Legislation: Iraq's absence of comprehensive domestic violence laws leaves many vulnerable individuals without legal recourse or protection.

2. Gender-Based Violence: The involvement of women in violent crimes indicates a shift in societal roles, often driven by desperation and psychological strain, highlighting gender issues that need addressing.

3. Impunity for Perpetrators: The reliance on traditional practices and lenient legal responses allows perpetrators to evade accountability, undermining the rule of law.

4. Psychosocial Support: The mental health implications of prolonged violence and trauma are significant, yet mental health services remain underdeveloped and stigmatized.

Practical Solutions

1. Legislative Reform:

- Enact Comprehensive Domestic Violence Laws: Establish laws that specifically address domestic violence, ensuring protection for victims and accountability for perpetrators.

- Amend Penal Code: Revise Article 41 to eliminate legal justifications for domestic violence, ensuring that all forms of abuse are punishable under the law.

2. Strengthening Law Enforcement:

- Training for Police and Legal Professionals: Implement training programs focused on gender sensitivity, human rights, and effective handling of domestic violence cases to ensure that victims receive appropriate support.

- Establish Specialized Units: Create dedicated units within law enforcement agencies to handle domestic violence and family-related crimes, ensuring swift and sensitive responses.

3. Community Awareness and Education:

- Public Awareness Campaigns: Launch campaigns to educate the public about the rights of individuals, the dangers of domestic violence, and available support services.

- Engagement with Local Leaders: Involve community and religious leaders in promoting non-violent conflict resolution and the importance of respecting human rights.

4. Psychosocial Support Services:

- Increase Access to Mental Health Services: Expand mental health resources, including counseling and support groups for victims of violence and families in crisis.

- Establish Helplines and Safe Spaces: Create confidential helplines and safe spaces for victims to seek help without fear of retaliation.

5. Economic Empowerment:

- Job Training and Employment Programs: Develop initiatives aimed at improving economic conditions for families, particularly targeting vulnerable populations to reduce financial stress that may lead to violence.

- Support for Substance Abuse Treatment: Address drug use through comprehensive treatment programs, recognizing its role in contributing to family violence.

6. Monitoring and Accountability:

- Data Collection and Analysis: Establish systems for collecting data on domestic violence and family-related crimes to inform policy and intervention strategies.

- Independent Oversight Bodies: Create independent bodies to monitor law enforcement responses to domestic violence and ensure accountability for failures to protect victims.

Conclusion

Addressing the root causes of family-related violence in Iraq requires a multi-faceted approach that prioritizes human rights, strengthens the rule of law, and provides practical solutions. By fostering a culture of respect for human rights and implementing effective legal and social frameworks, Iraqi society can begin to heal and restore its moral and ethical standards.

This approach not only highlights the urgency of the situation but also provides actionable steps toward creating a safer and more just society.