The Legality of Amnesty for Kurdish Genocide Perpetrators under National and International Law
摘要
The concept of amnesty has long been a subject of debate, especially when it concerns those responsible for heinous crimes such as genocide. This chapter examines the controversial issue of granting amnesty to perpetrators of the Kurdish Genocide in Iraq, consisting of the Anfal operation consists of 8 stages that started on 19 March 1988 and finished on 6 September 1988, including Jafati Valley, Qaradagh, Garmyan, the mountain valleys of Smaquli, Balisan and Malakan and Badinan region, and attacked Halabja city with a chemical weapon on 16 March 1988. It also analyzes the Kurdish genocide in Iraq through the lens of national, international and national law. This research employs a method of legal analysis to showcase the Kurdistan Council's general amnesty policy for those responsible for the Kurdish Genocide. It explores, the legal frameworks established by national and international bodies, including domestic legislation, international conventions, and national and international judgments for response to the main questions of the research. Furthermore, this research critically evaluates arguments in favour of and against amnesty for Kurdish genocide perpetrators, considering the potential consequences on justice, reconciliation, and the rights of victims. The chapter aims to contribute to the ongoing discourse on transitional justice and the delicate balance between accountability and peace-building in post-conflict societies.