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Iraq requests custody of Chemical Ali

The Iraqi Prime Minister, Nouri al-Maliki, issued an appeal to U.S. President George W. Bush requesting U.S. officials hand over Ali Hassan al-Majid , “Chemical Ali” , and two other former Iraqi officials sentenced to hang for war crimes.  U.S. officials have been reluctant to hand the three officials over to the Iraqi's citing a potential for a Sunni uprising.  U.S. officials also said that a row between al-Maliki and the Sunni vice president Tariq al-Hashemi influenced the decision to retain custody.  The row centers on the fate of former defense minister Ahmed Hashim al-Taie, viewed as a respected officer coerced to cooperate in atrocities under Saddam Hussein's orders.

In June, 1988, Iraqi military – directed by al-Majid – killed up to 180,000 Kurdish civilians and guerillas as part of a crackdown against uprisings in Iraqi Kurdistan.  Al-Majid admitted to ordering troops to execute Kurds who would not participate with imposed displacements, however, he denied the use of chemical weapons during the campaign.  Al-Majid also faces death for his role in the brutal suppression of a Shi'ite rebellion – which was allegedly backed by the United States – following the defeat of Iraq in the 1991 Gulf War.

Al-Taie negotiated the cease-fire in the first Gulf War and surrendered to U.S. forces after the invasion of Iraq in 2003. The Iraqi High Tribunal sentenced to hang for genocide, war crimes and crimes against humanity for their role in "Operation ANFAL," the chemical weapons attack in northern Iraqi Kurdistan.

There is a cacophony of voices pleading for leniency for al-Taie.  Iraqi law requires executions to be carried out within 30 days of sentencing. President Jalal Talabani , himself a Kurd , claims the authority to block the executions, though previous death sentences were carried out without the decree.  The chief prosecutor in the case said that authority does not exist in trials regarding crimes against humanity, genocide or war crimes.

U.S. officials are concerned handing the men over would threaten the recent respite in violence in Iraq.  Al-Maliki said the Iraqi government promised the judicial process would proceed independent and the refusal of U.S. officials to hand the men over is seen as meddlesome. 

In previous cases, the transfer of custody from U.S. to Iraqi hands signals an imminent execution.

AP

 

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Author

Daniel Graeber

Daniel Graeber is a writer for United Press International covering Iraq, Afghanistan and the broader Levant. He has published works on international and constitutional law pertaining to US terrorism cases and on child soldiers. His first major work, entitled The United States and Israel: The Implications of Alignment, is featured in the text, Strategic Interests in the Middle East: Opposition or Support for US Foreign Policy. He holds a MA in Diplomacy and International Conflict Management from Norwich University, where his focus was international relations theory, international law, and the role of non-state actors.

Areas of Focus:International law; Middle East; Government and Politics; non-state actors

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