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Analysis : Middle
East : Iraq
Iraqi regime prepares for martial law
By Mike Head
8 July 2004
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After just 10 days in office, the US-appointed Iraqi regime
of interim prime minister Ayad Allawi has, on Washingtons
instructions, decreed sweeping measures providing for martial
law to be imposed over the entire country or any part of it. Under
the provisions, signed into law by Allawi yesterday, he can impose
curfews, cordon off towns and cities, conduct search operations
and detain individuals with weapons on them, which in Iraq is
nearly every male citizen.
The adoption of the emergency powers underlines the fact that,
in the name of liberation and democracy,
the Bush administration has installed a tyrant who will have powers
similar to those once wielded by Saddam Hussein. In Allawis
case, however, he will be acting as a direct proxy for Washington
itself, attempting to crush the growing resistance to its subjugation
of the country.
Once martial law is declared, Allawi will have the authority
to appoint military leaders as governors in specific provinces,
and to freeze the assets of anybody suspected of crimes that undermine
national security, as well as those accused of providing
shelter, funding, and assistance to insurgents. Other powers include
to cordon off entire towns and cities, restrict communications
and limit travel in and out of areas. Special courts can be created
for people charged with major crimesranging from murder
to destroying government property.
Above and beyond these specific provisions, Article 6 of the
Law for Defence of National Safety hands virtually absolute power
to Allawi: The Armed Forces, Emergency Forces, Special Forces,
Civil Defense Forces, Internal Security Forces, and the Security,
Intelligence and Military Intelligence Services in the area where
a state of emergency is declared, shall report directly to the
Prime Minister, during the period of the declared state of emergency,
and in coordination with the commanders of such forces and services,
the Prime Minister may task any of them with tasks appropriate
in nature and jurisdiction and the requirements of the emergency
circumstances.
In order to activate his powers, Allawi will simply require
the assent of the presidential council, which consists of Iraqi
President Ghazi al-Yawer and two vice-presidentsall US appointees.
Decrees will last for 60 days, and can be readily renewed.
While adopted in the name of combatting terrorists and
law breakers, Article 1 of the emergency law specifically
refers to eradicating opposition to the establishment of
a broad-based government in Iraq. In other words, martial
law can be declared to suppress any political opposition to the
continuing US military presence and its puppet government.
The new laws had been expected for days. Last week, US President
George Bush said American forces, numbering about 138,000 in Iraq,
would help Allawi enforce martial law if it were declared. It
seems that the decree was twice postponed because of differences
within Allawis ministry over proposals to extend amnesties
to selected militia groups.
Conscious of the comparisons that will be made to the repressive
powers exercised by Saddam Hussein, the Iraqi regime and its advisers
claimed that the emergency powers would be constrained by human
rights protections. Human Rights Minister Bakhityar Amin foreshadowed
a special body to monitor all areas where martial law was declared
and investigate any allegations of human rights violations. But
Amins conception of human rights was revealed when he compared
the law to the US Patriot Act, under which the Bush administration
has rounded up thousands of US residents, including American citizens,
without charge or trial.
One of the reasons for Washingtons purported transfer
of sovereignty to Allawi and his unelected cabinet on June 28
was to put an Iraqi face on an escalation of military operations
aimed at crushing the popular resistance. For this task, Allawi
has recruited former leading Baathist military, police and intelligence
officers.
In the Bush administrations eyes, Allawis prime
qualification for the post was his track record of thuggish service,
first to Saddam Hussein in the 1970s, then as an agent of British
and American intelligence. During the 1990s, his organisation,
the Iraqi National Accord, worked with the CIA, organising car
bombings in Baghdad in a bid to destabilise and overthrow Saddams
regime.
Some indication of the political calculations behind Allawis
appointment was provided in a recent interview on Australian television
by Daniel Pipes, a leading neo-conservative supporter of the invasion
of Iraq. Pipes, director of the US-based Middle East Forum and
a member of a special Pentagon taskforce on terrorism and technology,
told the ABC Lateline program on June 28 that the
Bush administration had gone too far in looking to create
a democratic new Iraq.
Democracy was not possible for the foreseeable future in Iraq,
Pipes opined. What is possible is an Iraq that is ruled
by someone with a strong arm for some years who will over time
move towards democracy. With luck, this will be the first step
towards that but Im not confident of it... What Im
calling for is what I deem a democratically minded strongman,
someone who helps make the transition.
Having failed to crush the Iraqi resistance, despite a 16-month
bloodbath, the White House and the Pentagon have heeded the advice
from such quarters and installed a strongman to rule
the country with an iron fist.
Bombing in Fallujah
Before unveiling the martial law provisions, Allawi gave a
chilling demonstration of his readiness to take whatever measures
are deemed necessary by Washington. On Monday, he claimed direct
responsibility for a US air strike that killed at least 12 civilians,
including women and children, in Fallujah, a key centre of popular
resistance.
US bombs hit a family home in the latest in a series of aerial
attacks on the city, 30 kilometres west of Baghdad, which remains
outside American military control. Witnesses said rescue workers
could do little but pick up body parts after the US military dropped
two tons of bombsfour 500-pound bombs and two 1,000-pound
bombs. Dr Diaa Jumaili of Fallujah Hospital said 10 bodies had
arrived there, most of them dismembered.
Video from Associated Press Television News showed that the
explosion flung bricks blocks away, and blood was splashed on
a nearby wall. Men gathered at the 30-foot-deep pit where the
house had been and pulled out clothes, including a young childs
shirt, from the rubble. They talk about terrorists, but
these are just families, said an angry man at the scene.
Another asked: Is this acceptable to the Iraqi government?
Where are human rights?
The US military said its use of six guided weapons underscored
the resolve of coalition and Iraqi forces to destroy terrorist
networks. Allawi immediately declared that his government
not only supported the air raid, it had supplied the intelligence
for targetting the house. He claimed the residence was used by
supporters of Abu Musab al-Zarqawi, the Jordanian Islamic extremist
who has become a convenient scapegoat for justifying US atrocities.
After consultations between Iraqi government officials
and Multinational Forces, Iraqi security forces provided clear
and compelling intelligence to conduct a precision strike this
evening on a known Zarqawi safe house in southeastern Fallujah,
Allawi said in a statement. The people of Iraq will not
tolerate terrorist groups or those who collaborate with any other
foreign fighters such as the Zarqawi network to continue their
wicked ways.
This was the fifth time in two weeks that US bombs have flattened
homes in Fallujah, each time with the claim that the strikes were
precision-guided hits on so-called Zarqawi safe houses.
Dozens of people have died in the previous attacks. On every occasion,
local residents have testified that those killed were civilians.
Leaders of the Fallujah resistance, as well as members of the
US-armed and financed Fallujah Brigade militia, have rejected
the US accusation that Zarqawi and his dubious organisation are
in the city.
Fallujah, home to 300,000 people, became a symbol of the national
resistance to the US occupiers in April, when US forces killed
more than 1,000 people during their siege of the city. For four
days, from April 5 to 9, Fallujahs defenders defied a full-scale
assault by US marines, eventually forcing them to retreat.
Whether or not Zarqawis supporters were active anywhere
in the vicinity of the bombed house, the raid and Allawis
statement were designed to threaten and intimidate all opponents
of the occupying forces. The strike is a blunt indication of what
is to come under Allawis martial law.
See Also:
Saddam Hussein in court: a show trial
made in the USA
[5 July 2004]
Insurgency forces speedup
of Iraqi "handover"
[29 June 2004]
Is the US military preparing
another massacre in Fallujah?
[29 June 2004]
Iraqi prime minister raises
martial law option
[23 June 2004]
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