Execution of Al Majid without response to pardon petition would be murder

Giovanni Di Stefano [lawyer for Ali Hassan al-Majid, dubbed "Chemical Ali", Studio Legale Internazionale, Rome]: "Any execution of Mr Al Majid et al after the expiry of the 'within 30 days of final judgement (Sept.4) will be deemed an act of premeditated murder. Representations have been made to the US Military who have the responsibility of maintaining the physical custody of all detainees to ensure that Mr Al Majid et al will not be surrendered to the Iraqi Government until such time as the application filed by ourselves (a) with President Talabani and (b) with the Iraqi High Court have received the appropriate responses. In the case of the application filed with the Iraqi High Court, that requires full oral argument and is not to be dispensed with summarily. Any member of the Iraqi Government travelling to the United Kingdom or Italy and in most of the Member States within the EU will risk potential arrest for violations of the Geneva Convention Act 1957, S.1 and the Geneva Conventions Act 1957 Sched. 3 Art.130 as follows:

"Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention."

I remind those errant members of the Iraqi Government who are denying just cause to those indicted that Judge Rahman (Rauf Abdel) had to hastily depart the United Kingdom as I had sought leave of the Attorney General to prosecute him.

I have sent a preliminary note to the European Union and the Council of Europe forewarning that in the event Mr Al Majid et al are executed without the benefit of a proper oral hearing of our application I will be seeking of each EU Prosecutor arrest warrants for certain named officials.

Mr Al Majid et al by Iraqi Law cannot be executed past the 30 day period designated by Iraqi Law upon which executions 'must be held' after final judgement. That period having lapsed and with two applications pending, any execution of Mr Al Majid et al amounts to acts of premeditated murder which in any democratic society cannot be sustained.

Judge Rahman has not travelled outside the jurisdiction of Kurdistan again since my application to Lord Goldsmith and I shall take similar action against any person that is involved in any execution of Mr Al Majid et all until the proper completion of due process."

JURIST Swag

Support JURIST

We rely on our readers to keep JURIST running


 Donate now!
 

About Professional Commentary

Professional Commentary is JURIST's platform for newsmakers, activists and legal experts to comment on national and international legal developments.

Hotline welcomes submissions, inquiries and comments at professionalcommentary@jurist.org.

© Copyright JURIST Legal News and Research Services, Inc., 2013.