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The Safe Haven in Northern Iraq


Auteur : Helena Cook
Éditeur : KHRP Date & Lieu : 1995, London
Préface : Pages : 176
Traduction : ISBN : 1 900175 00 2
Langue : AnglaisFormat : 145x210 mm
Code FIKP : Liv. Eng. Coo. Saf. N°3881Thème : Général

Présentation
Table des Matières Introduction Identité PDF
The Safe Haven in Northern Iraq

The Safe Haven in Northern Iraq

Helena Cook

KHRP


In March 1991, following the Gulf War a radical act of humanitarian intervention by Britain France and the United States, invoking Resolution 688 of the Security Council, established safe havens in Northern Iraq.
The objective was to protect the Kurds and other inhabitants from the onslaught of Sadam Hussein’s Republican Guards, an objective which has been achieved through the threat of the use of airpower from bases in Turkey and by agreement with Turkey.

Four years on, this important report on the background to the safe haven policy and what has happened since, is intended to remind the international community of its continued responsibility for its own creation of Iraqi Kurdistan.
This report, published by the Human Rights Centre, University of Essex and the Kurdistan Human Rights Project, London, is a thorough and scholarly analysis of urgent and as yet unanswered questions- what is to be the future of the autonomy achieved in Iraqi Kurdistan? Should the Security Council vote to lift sanctions on Iraq, what human rights and democratic guarantees will it offer to the Kurds in the aftermath?

The study is offered as a resource to those who must now address these issues. The debate that must occur should not just be among those few countries presently proVIding aerial protection for the enclave but the entire United Nations as well as Iraqi Kurds themselves.



Helena Cook is an international human rights lawyer. She has law degrees from Cambridge UnIVersity, U.K, and Harvard Law School, USA and is a qualified lawyer in the UK. She was head of the Legal and Intergovermental Organisations Office at Amnesty International from 1990-1994, haVIng worked as a legal adVIser in that office since 1987.

Prior to that she spent four years with the New York based Lawyers Committee for Human Rights as a staff attorney. Since 1994 she has worked as a lecturer and consultant in international law and human rights is a Fellow of the Human Rights Centre of the University of Essex. In September 1995 she joins the UK-based Public Law Project as Director of Policy and Research.

She has authored a number of publications relating to international law and human rights and the work of non-governmental organisations.

 


Table des Matières


Table of contents


Introduction / 1

I. The kurds    6
I.1 Who are the Kurds' / 6
I.2 The treaty of Sevres / 8
I.3 The Kurds in Iraq / 9

II. Kurdish rights in the independent state of Iraq / 15
II. 1 The British government as mandate authority / 15
II. 2 The league imposes conditions for minority rights protection / 18
II. 3 Legal implications of Iraq's declaration on minority rights / 20

III. Steps towards Kurdish autonomy in Iraq / 23
III. 1 Constitutional recognition / 23
III. 2 The 1970 autonomy agreement / 24
III. 3 The autonomy law of 1974 / 27
III. 4 Restrictions on autonomy / 28
III. 5 The current status of autonomy / ' 30
III. 6 Further negotiations on autonomy / 31

IV. The establishment of the safe havens / 34
IV. 1 The building of a crisis / 34
IV. 2 Adoption of Security Council resolution 688 / 36
IV. 3 The establishment of the safe havens / 39
IV. 4 The refugees and displaced return home / 42
IV. 5 International security for Iraqi Kurdistan / 44
IV. 5.1 Operation poised hammer / 45
IV. 5.2 The un guards contingent / 46
IV. 5.3 Limitations of the international security measures / 47
IV. 6 Iraq withdraws and imposes an embargo on the kurds / 50
IV. 7 The legal basis for establishing the safe havens / 52

V. The international humanitarian aid programme 56
V. 1 humanitarian needs of the Iraqi population / 56
V. 2 the memorandum of understanding / 58
V. 3 food for oil / 60
V. 4 the operation of the aid programme / 61
V. 5 the future of the aid programme / 64

VI. The establishment of a democratic administration in Iraqi Kurdistan / 69
VI. 1 International standards / 70
VI. 2 The domestic legal basis for the elections / 72
VI. 3 The electoral process / 74
VI. 4 The out-come of the elections / 78
VI. 5 The reaction of the international community / 78
VI. 6 The Kurdish administration / 80

VII. The future of the sanctions regime against Iraq / 83
VII 1 The main points of resolution 687 (1991) / 84
VII. 2 Conditions for the lifting of sanctions / 85
VII. 3 Growing pressure to lift sanctions / 86
VII. 4 The Iraqi troop build-up in October 1994 / 88
VII. 5 The impact on moves to lift sanctions / 89
VII. 6 The relationship of resolution 688 to the sanctions regime / 90

VIII. Gross VIolations of human rights in iraq / 93
VIII. 1 Iraq’s obligations under international law / 94
VIII. 1.1 International human rights law / 94
VIII. 1.2 International humanitarian law / 96
VIII .2 The general human rights situation in iraq / 99
VIII. 3 Human rights violations against the Kurds / 104
VIII. 3.1 A history of oppression / i os
VIII. 3.2 The context of the Anfal campaign / 108
VIII. 3.3 The conduct of the Anfal campaign / 110
VIII. 3.4 The crushing of the march 1991 uprising / 112
VIII. 4 Un action in respect of human rights VIolations in iraq 113
VIII. 5 Human rights monitors for iraq / 116

IX. Iraq’s obligations to protect the rights of minorities / 118
IX. 1 The international protection of minority rights / 118
IX. 2 Non-discrimination / 118
IX. 3 The international covenant on civil and political rights / 120
IX. 4 The un declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities / 121
IX. 5 Implementing minority protection in Iraq / 122

X. Self-determination and autonomy / 124
X. 1 Self-determination / 124
X. 2 Autonomy / 130

XI. The responsibility of the international community in Iraqi Kurdistan / 136
XI. 1 International responsibility for the protection of human rights / 137
XI. 1.1 The un charter / 137
XI. 1.2 The un human rights system / 138
XI. 1.3 The special nature of international human rights obligations / 140
XI. 1.4 Is there a duty on other states to act' / 142
XI. 2 International responsibility for minority protection 143
XI. 2.1 Minority protection by the League of Nations / 144
XI. 2.2 Minority protection at the UN / 145
XI. 2.3 Minority protection by other intergovernmental organizations / 147
XI. 3 Principles of international refugee protection / 149
XI. 4 responsibility assumed by the international community in Iraqi Kurdistan / 152
XI. 5 the responsibility of occupying forces / 156

XII. Formal legal measures against Iraq / 160
XII 1 I a case of genocide? / 160
XII. 2 formal measures under other human rights treaties / 162
XII. 3 establishing international criminal jurisdiction / 164
XII. 3.1 VIolations of the laws and customs of war / 165
XII. 3.2 Crimes against humanity / 166
XII. 3.3 Criminal prosecutions by other states / 168

XIII. Conclusion
A UN plan of action for Iraqi Kurdistan / 170
XIII. 1 A negotiated settlement / 172
XIII. 2 International protection / 172
XIII. 3 respect for human rights / 173




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