Why Does Washington Want to Sanction the Chief Justice of Iraq? A Human Rights View

Human rights activists in Iraq are not surprised by the recent American move to impose new sanctions on Iraqi figures, including the Chief Justice of the Supreme Judicial Council, Judge Faiq Zidan. This comes amid ongoing international reports highlighting the state of human rights in Iraq.

American media reports indicate that Congressman Mike Waltz (Republican from Florida), a member of the Armed Services and Foreign Affairs Committees, intends to propose an amendment to the "Foreign Assets Control Act." This amendment aims to target Chief Justice Faiq Zidan, who is seen as having close ties to Iran.

The American approach has sparked widespread outrage in Iraq, with political and social entities rejecting this path as a blatant interference in Iraq's internal affairs. Acting Speaker of Parliament, Mohsen Al-Mandalawi, described the proposed amendment as a "dangerous precedent."

Al-Mandalawi called on the Iraqi Foreign Ministry to act through diplomatic channels and send a direct message rejecting such harmful interventions, which he described as tools of influence for other countries.

The Foreign Ministry itself stated its complete rejection of these remarks regarding Chief Justice Faiq Zidan, emphasizing that the judiciary is the primary guarantor of rights and freedoms in Iraq. They viewed the statements as blatant interference in internal Iraqi matters, asserting that attempts to influence the judiciary undermine the fundamental elements of the state.

Human Rights Perspective

From a human rights viewpoint, the proposed sanctions raise significant concerns about the independence of the judiciary and the rule of law in Iraq. Human rights advocates argue that external pressures, such as sanctions, can exacerbate existing tensions and undermine efforts to promote genuine reform within the judicial system. They emphasize the need for accountability and transparency but caution against interventions that may be perceived as politically motivated or that could further politicize the judiciary.

A retired Iraqi judge noted that international human rights reports and instances of unfair trials, especially in recent years, have shaped a perception among the international community that the Iraqi judiciary is not functioning effectively and requires assistance. He pointed out that the American move to amend the Foreign Assets Control Act represents a clear intervention in Iraqi affairs, but stressed the urgent need to reform trials and provide a model of justice.

The retired judge highlighted that recently, 12,000 detainees were released from Iraqi prisons, many of whom had completed their sentences years ago without any movement for their release until official committees were formed. This situation illustrates the current state of affairs and the nature of legal proceedings in Iraqi courts.

This American action coincided with a report from the UN High Commissioner for Human Rights in Geneva, which stated that the systematic executions carried out by the Iraqi government against prisoners sentenced to death based on confessions obtained under torture, and under vague anti-terrorism laws, constitute arbitrary deprivation of life under international law and may amount to crimes against humanity.

The report, published recently, expressed concern over the large number of executions reported since 2016, totaling nearly 400, including 30 this year, along with a clear political commitment to continue executing sentences despite reported violations in the justice system and cases of enforced disappearances.

What Does the American Move Mean?

Legal expert Ammar Al-Shammari views it as blatant interference in Iraq's affairs, predicting that if the amendment is passed, it will undermine the legitimacy of the Iraqi judiciary and distance it from international cooperation, while also portraying a negative image of Iraq, suggesting that public freedoms are at risk. He emphasized the need for Iraqi diplomacy to act swiftly to understand and influence these events.

Al-Shammari added that the proposed amendment also addresses the Federal Court, which has been involved in purely political decisions that have contributed to the deterioration of Iraq's legal situation and altered the political process, thwarting the formation of the government by the tripartite coalition, alongside a series of disastrous decisions, all of which are considered by American legislators.

The newspaper "Beacon Free" quoted Congressman Waltz, the proponent of the amendment, stating that it is "a first step toward isolating Iranian assets within the Iraqi government and curbing the increasing influence of the hardline regime." He emphasized that the Iranian regime must understand that the American Congress will not allow Iran's Supreme Leader (Ali Khamenei) to turn Iraq into a satellite state, warning sympathizers with Iran in Iraq, like Faiq Zidan and others, to take heed of this matter.

Overall, the human rights perspective underscores the need for careful consideration of the implications of such sanctions on the judicial system and human rights in Iraq, advocating for reforms that are internally driven and genuinely aimed at improving the protection of rights and the rule of law.