H.E. Dr. Hisham Al-Alawi , Ambassador of Iraq in the Netherlands welcoming the participants.
By Roy Lie Atjam.
The Embassy of the Republic of Iraq in the Netherlands along with the Terrorism Prevention Branch of the United Nations Office on Drugs and Crime (UNODC/TPB) has organized a two days international conference/workshop for Iraqi Judges on the accountability of ISIL/ Dae’sh crimes in Iraq.
The venue was the Embassy of Iraq in The Hague on 11-12 July 2018. The workshop brought together a delegation of senior Iraqi judges, the Chief Justice(CJ) dealing with terrorist cases involving ISIL / Dae’sh in Iraq as well as experts from the international criminal tribunals in The Hague. Senior United Nations representatives also made their contributions.
The objective of the workshop was for the Iraqi delegation to learn from the International tribunals and experts how to collect evidence, to prosecute, and cooperate internationally.
The conference opened with Keynote speakers:
The first was Mr. Jan Kubis followed by Mr. Mauro Miedico, he thanked Japan for their support;
Ms. Christina Albertin, she stressed the misuse of the internet and changing methods of attack; Mr. Muhammad Rafluddin Shah, mentioned the recent anti-terrorism week and opportunities offered at this conference to exchange information.
All speakers are high-level UN representatives. The last to deliver his keynote speech was H.E. Dr. Hisham Al-Alawi , Ambassador of Iraq in the Netherlands. He invited the audience to join him in observing a one minute silence to commemorate all who have lost their lives and their loved ones.
The Ambassador went on to observe, contrary to what a major US newspaper once wrote, the war was not the end of the state of Iraq.
Iraqi towns and cities were liberated in a short space of time. The Ambassador further pointed out that terrorism is a global scourge, it affects all.
In the Iraqi context reconstruction is an important factor, the same goes for the implementation of a new juridical system.
The Embassy of Iraqi is proud to host the two days conference. The world has to be informed. The youth should later not accuse us of sitting idly by and not having done enough.
Iraq’ Chief Justice (CJ) Mr. Faeq Zeldan recounts, Mossul was a famous hub for terrorist. He elaborated on the modus operandi in bringing perpetrators to justice. More than 13,000 terrorists have been brought to justice so far. The CJ laments the loss of about 68 judges due to the effects of war.
According to Dr Karim A. Khan QC, politics are at the center and edges of the international law. Courts should see to it that victims don’t lose confidence in them. Khan referred to the Special Tribunal for Sierra Leone as an example in this regard.
Ms. Catherine Marchi-Uhel, Head of the Intern. Impartial and Independent Mechanism for Syria (IIIM) Yes, we have no UN mandate, however, we share our expertise and methodology.
Mr. Gregory Townsend, predicts the court might take a generation or so. He argues, the Q&A interrogation format is maybe not an appropriate tool. One only gets answers to the questions posed.
A narrative approach might be preferred. Making use of experts he said is a long process. Townsend cited a recent successful example in Guatemala. Townsend continued making use of computer evidence is a challenge; compatibility of systems is often a problem.
Mr. Xavier Laroche, Forensic Investigator, office of the prosecutor ICC gave a dazzling one hour expose on collecting data. He made use of videos and short films.
Mr. Nigel Verrill on witness protection. Witness Protection, in Iraq cases, is domestically structured. Witness protection is an American invention, formally established in 1984. Relocation is a challenge.
International relocation of protected witnesses is a science in itself. It requires the sending country to supply a psychological report of the individual. Reciprocity is common in international relocation of protected witnesses.
Ms. Gabriela Gonzalez Rivas, victim’s expectations should be kept at a realistic level.
Mr. Mikel Delagrange. His focus was on reparation, compensation, rehabilitation. What happens in the event of no conviction? Victims’ satisfaction is as important as a conviction. Public funds should be made available for compensation.
Mr. David Kennedy, detainee’s health should not be overlooked.
Mr. Paddy Craig, there should be a culture of treating detainees with respect. Be aware of the fact that among the detainees there are former presidents, vice president and other former high ranking officials. Often these are persons with a certain charisma, charm, they clever in manipulating others.
Respect the right of detainees irrespective of their race, creed or political background.
Justice to all, Justice delayed is Justice denied.
There were also other speakers who furnished the Iraqi delegation with valuable information.
Mr. ZouhairRacheha gave a summary of the two day conference.
The Rt. Hon. Judge Raed Hamid Muslehof Niniveh closed the conference. Judge Raed expressed his gratitude vice a vice the technical and scientific experts. A special word of thanks went to the Ambassador of Iraq, as well as to Japan, the Netherlands and many others.
The Iraqi delegation will be leaving the Netherlands with ample information that may come handy in the near future.
Ambassadors and Diplomats of Canada, Lebanon, Tunisia, Saudi Arabia, UK, graced the conference with their presence.
