The Iraqi parliament has passed a controversial amnesty law that could see the release of thousands of prisoners, including individuals convicted of attacks on US soldiers, as well as those with links to terrorist organisations such as Al Qaeda and the Islamic State (ISIS). The law has raised concerns, particularly in light of the ongoing tensions surrounding Iraq’s sectarian divides.
On Thursday, lawmakers confirmed that the legislation, which applies to both convicted prisoners and those still under investigation or on trial, includes provisions for the retrial of individuals who claim that their confessions were coerced or extracted under duress. A copy of the law, seen by Reuters, outlines a range of offences covered by the amnesty, including terrorism leading to murder or disability, manslaughter, vandalising government institutions, and recruiting for or joining terrorist groups.
Impact on US forces-related convictions
Judicial sources and lawmakers indicated that the law could benefit many prisoners convicted of attacks against US forces in Iraq. While the legislation was pushed primarily by Sunni blocs in the parliament, who represent the majority of prisoners convicted of such crimes, it is expected to have wider implications across Iraq’s diverse population.
Most of the prisoners facing charges of terrorism in Iraq are Sunni Muslims, with many convicted of membership in Al Qaeda and ISIS, and involvement in attacks on Iraqi security forces and civilians between 2004 and 2018. Sunni lawmakers estimate that as many as 30,000 Sunni prisoners could be eligible for retrial under the new law.
In addition to the Sunni detainees, there are also around 700 Shiite militia members in prison who were arrested by US forces between 2004 and 2008 for attacks on American soldiers. Some of these prisoners could also be freed under the new law.
Debate over priorities
Abul Karim Al-Mohammedawi, the Shiite head of the parliament’s security and defence committee, has emphasised that the law should prioritise the release of those who fought against US forces. “They are heroes and should be rewarded for their sacrifices, not left behind bars for the crime of defending their country,” he argued.
However, other parliamentarians, such as Sunni lawmaker Raad Al-Dahlaki, cautioned that the law would not lead to the immediate release of all prisoners. “We, the Sunni bloc in parliament, demanded the retrial and review of all the prisoners’ investigations,” he said. “The courts will decide their fate.”
The law also applies to death sentences, allowing for their review, and is expected to reduce overcrowding in Iraq’s prisons, which currently hold approximately 67,000 prisoners, far exceeding the capacity of 25,000.
Sectarian tensions and legal reform
In the same parliamentary session, an amendment to the Iraqi personal status law was passed, which will allow Muslims in Iraq to choose between Sunni or Shiite sharia laws for personal matters such as marriage, divorce, and inheritance. This amendment, submitted by the majority Shiite blocs in parliament, has sparked criticism.
Human rights organisations have warned that this change could deepen the already complex sectarian divides in Iraq. Sarah Sanbar, an Iraq researcher at Human Rights Watch, expressed concern that the amendment could “institutionalize legal divisions between Sunni and Shiite Iraqis,” potentially further exacerbating the sectarian tensions that have plagued the country since the 2003 invasion.
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“This amendment could change the social fabric of the country at a time when sectarian tensions run high and stability remains precarious,” Sanbar said.
Return of confiscated farmlands
In addition to the amnesty law and personal status amendments, the Iraqi parliament also approved a law championed by Kurdish lawmakers, which allows the return of farmlands that were confiscated before 2003 to their original owners. This law is aimed at compensating the Kurdish population, who were affected by Saddam Hussein’s regime.
This is seen as a significant move for the Kurds, who have long argued that their land was wrongfully taken during the years of Saddam Hussein’s rule. The law could provide a much-needed boost to Kurdish farmers and landowners who have faced years of uncertainty about the ownership of their property.
Conclusion
The passage of these laws marks a pivotal moment in Iraq’s post-war recovery, with potential repercussions for both sectarian relations and the ongoing fight against terrorism. While the amnesty law may relieve pressure on the country’s overcrowded prisons, it raises questions about accountability and justice, particularly for those convicted of attacks on foreign troops. Furthermore, the amendments to personal status law and the return of confiscated Kurdish farmlands show how Iraq’s complex political landscape continues to evolve.
As the country grapples with its past, lawmakers and citizens alike must navigate the delicate balance between reconciliation, justice, and the pressing need for social and political stability.
