Reparations for the Victims of Conflict in Iraq
Author | : Clara Sandoval |
Publisher | : Minority Rights Group |
Total Pages | : 36 |
Release | : 2017-11-08 |
ISBN-10 | : |
ISBN-13 | : |
Rating | : 4/5 ( Downloads) |
Download or read book Reparations for the Victims of Conflict in Iraq written by Clara Sandoval and published by Minority Rights Group. This book was released on 2017-11-08 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsibility of states to provide reparation to individuals who have experienced violations in armed conflict is well established today under international law. If well designed, reparations can empower, dignify and return a voice to victims, as well as provide them with redress for the harm caused. From Colombia and Peru to Sierra Leone, a variety of reparations schemes have been designed around the world to address the effects of serious violations on those directly affected and on the societies in which they live. In Iraq, millions of victims have suffered over the decades as a consequence of gross human rights violations and serious violations of humanitarian law. Most recently, the conflict with ISIS has led to the displacement of over 3.1 million people, the killing of thousands, and targeted campaigns against ethnic and religious communities. The conflict has also resulted in widespread damage to infrastructure and personal property. Victims of these violations have a right to adequate, prompt and effective redress for the harm they suffered. Iraq already has significant experience in providing reparations, including the work of the Iraq Property Claims Commission covering land-related violations committed during the Saddam Hussein regime. More recently, Law No. 20 on Compensating Victims of Military Operations, Military Mistakes and Terrorist Actions, first passed in 2009, provides redress to victims who have suffered violations since 2003. Between 2011 and 2016, more than IQD 420 billion (USD $355 million) was distributed to victims under this framework. While considerable progress has been made under the Law No. 20 framework in compensating victims of military operations, military mistakes and terrorist actions, the most recent phase of conflict raises new challenges. These include the range and severity of violations committed, the wide diversity of armed actors involved, and the barriers that widespread destruction and displacement present to victims’ ability to participate in reparations processes. This report argues that the existing reparations framework in Iraq could be strengthened by expanding the scope of violations covered, employing multiple forms of reparations, widening coverage to include all parties to the conflict, and simplifying evidentiary requirements imposed on victims. As Iraq prepares to rebuild and recover from the conflict with ISIS, ensuring accountability for violations committed and justice for victims is an immediate priority. This report seeks to inform the discussion on reparations in Iraq through analysis of both international and domestic practice, with the goal of encouraging the development of a comprehensive framework that can provide adequate and effective reparations to victims.