Turkish aggression..Iraqi legal options to respond before the international community

Baghdad - INA 

Representatives and jurists put forward several proposals before the government, to move towards the international community in response to the ongoing Turkish attacks on Iraq, the latest of which was yesterday, which led to the death of 9 people and the wounding of 23 others after violent artillery shelling targeted the resort of Barkh village in the city of Zakho Dohuk Governorate.

Political blocs and popular circles denounced the brutal attack, calling for "the expulsion of the Turkish ambassador from Baghdad, the severing of bilateral diplomatic relations, stopping commercial transactions, and filing a complaint with the Security Council against Turkey.

Demanding the expulsion of the Turkish ambassador

imtidad movement demanded, today, Thursday, a serious parliamentary and societal stand and government action." And my people to stop Turkey's attacks, withdraw its forces from Iraqi territory immediately, and take other measures, including the expulsion of Ankara's ambassador to Baghdad.
The representative of imtidad movement Haider Al-Salami said, in a press conference held in the House of Representatives and attended by the correspondent of the Iraqi News Agency (INA): “We demand a serious parliamentary and societal stand to stop the repeated Turkish aggressions against Iraq, its lands and citizens,” stressing “the need for the Iraqi position to be greater than that.” Condemnation, denunciation and denunciation, and this requires the Iraqi government and people to work for the immediate withdrawal of Turkish forces from Iraqi territory."

Al-Salami called for the immediate expulsion of the Turkish ambassador from Baghdad, the submission of an international protest note by the government to the UN Security Council, the Arab League and the Organization of the Islamic Conference, stopping all commercial transactions with Turkey, preventing the import of Turkish goods, and stopping financial transactions and Turkish banks operating in Iraq.

Member of Parliamentary Security: Turkish aggression (a war crime) 

In turn, a member of the Parliamentary Security Committee, Yasser Watut, confirmed to the Iraqi News Agency (INA), that "the Turkish bombing is a violation of international law and human rights and amounts to a (war crime) as it targeted civilians." called for action in three directions in response to the attack, the first at the international level, through the Ministry of Foreign Affairs inviting the Security Council to hold a special session to condemn the Turkish bombing and to seek to issue a UN resolution in this regard and to call on the Turkish side to pay compensation to the families of the martyrs and the wounded, noting that "on the diplomatic level, a decision must be issued." A decision to close the Turkish embassy and sever diplomatic relations.”

 He added, “The third move is at the national level by calling on Parliament to pass a resolution that considers the presence of Turkish forces a violation of sovereignty as an occupying power, and to demand Turkey to immediately withdraw its forces from Iraq and take measures to stop trade and tourism exchange with Turkey. Until it is completed, all forces will be withdrawn.

Legal experts determine Iraq's options before the international community

In turn, legal expert Faisal Rikan confirmed to the Iraqi News Agency (INA), that "after the repeated Turkish attacks on Iraqi lands by Turkey on various sites in the region under various pretexts, it became imperative for the Iraqi government to move strongly and take appropriate measures to respond ".

Rikan said that "Iraq's submission of a complaint to the Security Council that includes all the violations and attacks that occurred from the Turkish side is a very important step, since the Charter of the United Nations and the Geneva Convention completely forbid aggression by one country against another and prevent the occupation of the territory of any country or the presence of foreign forces in it without its consent, especially since the two countries Their relations are normal and there is no state of war between them."

Rikan stressed the need to supplement the government's steps with a broad diplomatic move, especially with countries friendly to Iraq, to ensure that those countries vote in favor of Iraq if a Security Council decision is taken in this regard, "calling for the need to act on the permanent members of the Council to ensure that the veto is not used.".

He stressed that "the issuance of a Security Council resolution will be a means of pressure on Turkey, and failure to implement the resolution will expose it to international sanctions, especially as it suffers from major economic problems and unprecedented inflation.".

In turn, legal expert Ali Al-Tamimi confirmed to the Iraqi News Agency (INA), that "Turkey's violations of Iraq violate Articles 1, 2 and 3 of the Charter of the United Nations, which obligate all countries to respect the sovereignty of other countries.".

He added, "Turkey cannot invoke the agreement with the former regime, which says that it allows its forces to enter Iraqi territory because it has not been renewed after 2003 and has not deposited a copy of it with the United Nations in accordance with Article 102 of the Charter.".

He pointed out that "Iraq can file a complaint against Turkey, and the latter cannot invoke Article 51 of the Charter, which allows for the right of legitimate defense, but with conditions, the first of which is informing the Security Council first-hand," noting that "the repetition of these strikes by the Turkish side is an insult to international law and the Charter of the United Nations.".

Al-Tamimi continued, "The bombing of Iraq's safe cities is considered a crime of genocide in accordance with the 1948 Genocide Prevention Convention, pointing to the possibility that Iraq may seek the assistance of Article 9 of this Convention and resort to the International Court of Justice.".

He called on the House of Representatives to "convene an emergency session to discuss the repercussions of this attack and to take the necessary measures," calling for "the perpetrators of the attack to be brought to international courts and to demand the Turkish government to compensate the families of the martyred and wounded victims."

While the legal expert, Majid Mijbas, indicated to the Iraqi News Agency (INA), that "the attacks carried out by the Turkish side through repeated bombing and military presence represent a violation of Iraqi sovereignty and are in contravention of international conventions that govern the principles of good neighborliness and interaction between countries," stressing the "The need to internationalize this issue."
And he added, "Turkish violations have been repeated, including the abuse of Iraq's water share of the Tigris and Euphrates rivers, and Iraq bears a lot of loss of life and financial loss," noting that "UN Security Council resolutions and international conventions governing countries prevent Turkey from practicing this kind of violations, and this aspect can be moved with regard to If Iraq moves legal and diplomatic means."
He stated that "the Iraqi government has a lot of evidence that condemns the Turkish side and puts a deterrent end to such abuses." Today, Thursday, Prime Minister Mustafa Al-Kadhimi received the bodies of the martyrs of the Turkish attack, which targeted civilians yesterday in a tourist resort in Dohuk Governorate, and met families The martyrs, and offered them his condolences and sympathy, and directed to follow up on their conditions and the conditions of the wounded, and to provide them with the best medical care.
Today, Thursday, the Ministry of Foreign Affairs handed the Turkish ambassador in Baghdad, Ali Reza Gouny, a strongly worded protest note against the background of the attack that occurred yesterday in Dohuk, while calling for the withdrawal of his country's forces from Iraqi territory.

The Ministry of Foreign Affairs said in a statement received by the Iraqi News Agency (INA), that it had summoned the Turkish ambassador to Iraq, Ali Reza Gouny, against the background of the blatant and criminal attack that affected a tourist resort in the village of Barkh / Darkar district in Dohuk Governorate in the Kurdistan Region of Iraq on 7/2022. 20, which led to the death and injury of a large number of safe Iraqi civilians, including women and children, and caused intimidation of the population, and spread panic among them.

According to the statement, the ministry handed over a strongly worded protest note to the ambassador of the Republic of Turkey, which included the Iraqi government's condemnation of this heinous crime committed by the Turkish forces, which represented the  on Iraq's sovereignty and the sanctity of its lands, and took a very provocative and provocative character to target Iraqi cities.

In the statement, the Ministry of Foreign Affairs reiterated Iraq's right to take all measures guaranteed by international conventions that would protect its sovereignty, territory, and the safety of its citizens from vicious and reprehensible attacks.
The Ministry stressed that "Iraq, while demanding the withdrawal of all Turkish forces from inside Iraqi lands, calls on Turkey to solve its internal problems away from Iraq's borders and harm its people, and demands their apologies and apologies for their apology."
The ministry added in its statement that it is continuing to mobilize all efforts and sources of strength to stand in the face of this dangerous transformation in the series of Turkish attacks.

Yesterday, the Ministerial Council for National Security issued 8 decisions after its meeting in response to the Turkish bombing in Dohuk.

The media office of the Prime Minister stated in a statement received by the Iraqi News Agency (INA), that "the decisions included the following:

First / the Council directed the Ministry of Foreign Affairs to prepare an integrated file of the repeated Turkish attacks on Iraqi sovereignty and the security of Iraqis, and to submit an urgent complaint in this regard to the UN Security Council and the United Nations. " United.

Second: Directing the Ministry of Foreign Affairs to summon the Turkish ambassador to Iraq and inform him of the conviction.

Third / Bringing the Iraqi Chargé d'Affairs from Ankara, for the purpose of consultation, and stopping the procedures for sending a new ambassador to Turkey.

Fourth / Directing the Joint Operations Command to submit a report on the situation on the Iraqi-Turkish border, and to take all necessary steps for self-defense.

Fifth: Follow up on the conditions of the victims of the attack and the families of the martyrs, and compensate them.

Sixth: Coordination with the Kurdistan Regional Government regarding taking decisive measures to prevent violations.

Seventh: Demanding Turkey to submit an official apology and withdraw its military forces from all Iraqi lands.

Eighth/ The Council renewed its refusal for the land of Iraq to be a springboard for attacking any country, and for it to be an arena for settling accounts, and its strong rejection of the presence of any terrorist organization or armed group on its lands.