Iraqi Judiciary Faces Challenge After Trump’s Win, Arrest Warrant Issued

Trump at an election rally (AFP)
Trump at an election rally (AFP)
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Iraqi Judiciary Faces Challenge After Trump’s Win, Arrest Warrant Issued

Trump at an election rally (AFP)
Trump at an election rally (AFP)

Iraqi President Dr. Abdul Latif Jamal Rashid and Prime Minister Mohammed Shia’ al-Sudani congratulated Donald Trump on his win in the US presidential election.

At the same time, Iraq’s parliamentary Foreign Relations Committee began discussing how to handle Trump, following an arrest warrant issued by the Iraqi Supreme Judicial Council over his role in the deaths of Qasem Soleimani and Abu Mahdi al-Muhandis.

Committee member Mokhtar al-Moussawi said in a statement that, under Iraqi law, “Trump is considered a criminal,” but Iraq will engage with him normally due to national interests.

He stressed that Trump’s victory would not affect relations between Baghdad and Washington.

Al-Moussawi, a member of the Shiite Coordination Framework, explained to the press that the US operates as an institutional country and foreign policy doesn’t change much with different presidents.

He also noted that Trump did not recognize or respect the Iraqi government, pointing out that his previous visit to Iraq was limited to meeting US troops at the Al-Asad airbase. Still, Iraq will deal with Trump normally.

The parliamentary Foreign Relations Committee member concluded by saying, “If Trump visits Iraq, it will be hard to enforce the arrest warrant. Iraq’s national interests take priority, preventing the warrant from being carried out against him.”

Iraq’s Supreme Judicial Council Chief, Faik Zidan, announced an arrest warrant for Trump over his role in the killings of Soleimani and al-Muhandis on January 7, 2021.

An official statement confirmed the warrant was based on Article 406 of Iraq’s Penal Code and that investigations would continue to identify other individuals involved, both Iraqi and foreign.

Iraqi legal expert Ali al-Tamimi explained to Asharq Al-Awsat that the judiciary acted based on a complaint from the plaintiff, meaning it is legally required to take action against anyone, whether inside or outside Iraq.

He stated that since the crime occurred in Iraq and targeted Iraqi figures, the case falls under Iraqi jurisdiction.

Al-Tamimi confirmed that the arrest warrant for Trump was issued under Article 406 of the Iraqi Penal Code, which covers premeditated murder. As Trump is considered a partner in the operation, he said the legal procedure was correct.

In response to a question about enforcing the arrest warrant, al-Tamimi said it could be done through Interpol by submitting a request via Iraq’s Ministry of Foreign Affairs, though this would be difficult in practice.

Another option would be for Iraq to join the 1948 Rome Statute, which allows prosecution for crimes like the assassination ordered by Trump. However, Iraq would need to first join the agreement.

Al-Tamimi also noted that, as a head of state, Trump has immunity under the Vienna Convention.



Gaza Hospital Chief Held in 'Inhumane' Conditions by Israel, Says lawyer

In this file photo, Hussam Abu Safiya, the director of the Kamal Adwan Hospital who has since been detained, supervises the treatment of a Palestinian man injured in an Israeli strike - AFP
In this file photo, Hussam Abu Safiya, the director of the Kamal Adwan Hospital who has since been detained, supervises the treatment of a Palestinian man injured in an Israeli strike - AFP
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Gaza Hospital Chief Held in 'Inhumane' Conditions by Israel, Says lawyer

In this file photo, Hussam Abu Safiya, the director of the Kamal Adwan Hospital who has since been detained, supervises the treatment of a Palestinian man injured in an Israeli strike - AFP
In this file photo, Hussam Abu Safiya, the director of the Kamal Adwan Hospital who has since been detained, supervises the treatment of a Palestinian man injured in an Israeli strike - AFP

The director of Gaza's Kamal Adwan hospital who was detained by Israeli forces in December is being held in "inhumane" conditions by Israel and subjected to "physical and psychological intimidation", his lawyer told AFP.

Hussam Abu Safiya, a 52-year-old paediatrician, rose to prominence last year by posting about the dire conditions in his besieged hospital in Beit Lahia during a major Israeli offensive.

On December 27, Israeli forces began an assault on the facility which they labelled a Hamas "terrorist centre", and arrested dozens of medical staff including Abu Safiya.

Abu Safiya's lawyer, Gheed Qassem, was able to visit the doctor on March 19 in Ofer prison in the occupied West Bank.

"He is suffering greatly, he is exhausted from the torture, the pressure and the humiliation he has endured to force him to confess to acts he did not commit," said Qassem who met an AFP correspondent in Nazareth.

The Israeli military did not respond to a request for comment from AFP about the conditions in which Abu Safiya is being held.

- 'Beatings and torture' -

After initially spending two weeks in the Sde Teiman military base in southern Israel's Negev desert, Abu Safiya was transferred to Ofer, where Israel keeps hundreds of Palestinian prisoners.

In Sde Teiman, Abu Safiya was subjected to interrogations "involving beatings, mistreatment and torture", Qassem said, before he was transferred to a cramped cell in Ofer for 25 days, where he was also subjected to questioning.

The Israeli authorities have designated the medic an "illegal combatant" for an "unlimited period of time", Qassem said, and his case has been designated confidential by the military, meaning Abu Safiya's defence cannot access the files.

She denounced what she said were restrictions imposed on legal visits, which have prevented lawyers from informing detainees about "the war, the date, the time or their geographic location".

Her meeting with Abu Safiya, which took place under tight surveillance, lasted for only 17 minutes, she said.

Adopted in 2002, Israel's law concerning "illegal combatants" permits the detention of suspected members of "hostile forces" outside of normal legal frameworks.

In January, rights group Amnesty International demanded Abu Safiya's release, citing witness testimonies describing "the horrifying reality" in Israeli prisons, where Palestinian detainees are subjected to "systematic acts of torture and other mistreatment".

A social media campaign using the hashtag #FreeDrHussamAbuSafiya has brought together healthcare organizations, celebrities and UN leaders.

That includes the director of the World Health Organization, Tedros Adhanom Ghebreyesus, who demanded Abu Safiya's release in a post on X.

- 'Human duty' -

Qassem warned that her client's health was "very worrying".

"He is suffering from arterial tension, cardiac arrhythmia and vision problems," she said, adding "he has lost 20 kilos in two months and fractured four ribs during interrogations, without receiving proper medical care".

The doctor remains calm, she said, but "wonders what crime he has committed" to be subjected to "such inhumane conditions".

According to the lawyer, Abu Safiya's jailers are demanding that he confess to having operated on members of Hamas or Israeli hostages held in Gaza, but he has refused to do so and denies the accusations.

The doctor insists that he is just a paediatrician, "and everything he did was out of a moral, professional and human duty towards the patients and the wounded", Qassem said.

Since October 7, 2023, around 5,000 Gazans have been arrested by Israel, and some were subsequently released in exchange for hostages held in Gaza.

In general, they are accused of "belonging to a terrorist organizfation" or of posing "a threat to Israel's security," the lawyer said.

Qassem said that a number of detainees are being held without charge or trial and that their lawyers often did not know where their clients were during the first months of the war.