Al Jazeera correspondents
Baghdad- Political and legal circles reacted to the decision of the Iraqi Supreme Judicial Council, yesterday, Wednesday, June 25, directing the competent courts to apply the provisions of the Anti-Terrorism Law No. (13) of 2005 to manufacturers, users, and owners of drones. The provisions of the law carry the death penalty against “the actual implementers, instigators, planners, and financiers.”
Speaking to Al Jazeera Net, member of the Parliamentary Security and Defense Committee, Yasser Watout, described the Supreme Judicial Council’s decision regarding applying the provisions of the Anti-Terrorism Law to users of drones for illegal purposes as a “courageous decision,” considering that it represents support for the General Command of the Armed Forces and strengthens the state’s efforts in enforcing the law and security challenges.
Wattut believes that the decision falls within the framework of Iraqi sovereignty and must be applied to all parties without exception, including armed factions or other formations that possess illegal weapons, because it is a decision issued by the highest judicial institution in the country and everyone is subject to it.
He adds that the Security and Defense Committee in the Iraqi Parliament supports all measures that are in the interest of the country. Wattut stressed the importance of neutralizing Iraq from regional conflicts “and not allowing its lands or capabilities to be used in conflicts that are not related to its national interests, especially after the attacks that targeted foreign facilities and interests during the recent period.”
For his part, Iraqi Prime Minister Ali al-Zaidi said that there is no need for the “resistance” to remain after the withdrawal of American forces from Iraq. Al-Zaidi added, in press statements published on Wednesday evening, that most of the armed factions have already begun handing over their weapons to the state, stressing that after the withdrawal of all American forces there will be no justification or need for any resistance in Iraq, in reference to the future of the armed factions, with the approaching date scheduled to end the international coalition’s mission next September.
“To encircle the factions”
Political affairs researcher Ali Fadlallah considered that the Supreme Judicial Council’s directive to apply the provisions of the “Anti-Terrorism Law” to those who manufacture, use, or possess drones for purposes that violate the law falls within the framework of seeking to tighten the noose on the Iraqi armed factions that possess this type of capabilities.
However, at the same time, Fadlallah expected, in an interview with Al Jazeera Net, that there would be no reactions, as the decision is of a legislative and legal nature, but it requires additional legal reviews and interpretations to determine the mechanisms for its implementation.
He added that the factions view their activity as a legitimate and national obligation as well because it falls within the framework of self-defense, and not a military action directed against the state, considering that there are other parties trying to mix the cards.
He believed that the issue of confronting the occupation will remain present in the factions’ discourse, but their leaders may search for legal or regulatory ways to deal with the decision, and may issue statements clarifying their position on its repercussions.
Fadlallah indicated that the factions would not abide by any understandings or agreements that might be concluded between Iran and the United States, considering that these agreements are a matter that concerns both parties and Iranian national security. He also did not expect Tehran to issue orders or signals that would prompt the Iraqi factions to surrender their weapons.
A deterrent legal umbrella
For his part, legal expert Amir Al-Daami told Al Jazeera Net that the provisions of the “Anti-Terrorism Law” No. (13) of 2005 apply to attacks carried out using drones when they are used as a killing tool or to carry out terrorist acts, stressing that the provisions of the law are clear in this aspect.
He added that the directive of the Supreme Judicial Council reflects the seriousness of the judiciary in reducing the phenomenon of the use of drones, which has witnessed an expansion during the recent period, after the attacks that affected various regions and facilities in northern and southern Iraq, explaining that the decision has a purely judicial nature, and coincides with the state’s trend towards confining weapons to the hands of official institutions.
Al-Daami pointed out that the spread of the drone industry and their possession outside legal frameworks requires the imposition of stricter control, calling for restricting their manufacture and use to government agencies and under the supervision and control of the state, to ensure preventing their exploitation in activities that violate the law or threaten public security.
Since the outbreak of the military confrontation between the United States and Israel on the one hand and Iran on the other hand on February 28, the frequency of attacks attributed to Iraqi armed factions has escalated, and drones played the most prominent role in them. These attacks targeted civilian and military targets and sites inside and outside Iraq. Under the pretext of targeting the American military presence.
The factions also carried out dozens of attacks using drones against vital facilities and interests in a number of Gulf countries and Jordan, which prompted these countries to issue a joint statement on March 25 in which they condemned those attacks and called on the Iraqi government to take urgent measures to stop the activities of the factions and armed groups loyal to Iran against neighboring countries.
