Opinion Poll Conducted by Al-Adalah Shows 88 Percent of Lawyers Support Decision to Expel
Al-Adalah (Justice) wrote:Opinion Poll Conducted by Al-Adalah Shows 88 Percent of Lawyers Support Decision to Expel Mojahedin-e Khalq from Iraq.
Baghdad, Al-Adalah--Al-Adalah conducted an opinion poll on whether the Iraqi Governing Council's decision to expel Mojahedin-e Khalq Organization from Iraqi territory is legitimate or not. Only lawyers, judges, and international law professors and experts were polled.
The general result was that 88 percent of the respondents said that the decision is legitimate. The remaining 12 percent said the decision is legitimate but for humanitarian reasons the Mojahedin-e Khalq members should be considered political refugees.
Among the judges, 100 percent supported the expulsion of the organization because Iraq has enough problems and does not need people to further disturb its domestic security and stability.
As for lawyers, 85 percent said the expulsion decision is legitimate because the organization is a "foreign legal entity" subject to the provisions and rules of the domestic law. The political authority and the interior minister, as the enforcer of the law, have the right to expel the organization without anyone having the right to object, especially if the activity of this organization is not right and illegitimate. Moreover, the former regime is accused of acts of killing and military crimes, which makes it unqualified and illegitimate. This applies to all the decisions and regulations it issued during its rule. This is an implementation of the legal principle that says "what was built on falsehood is false" and "you cannot give what you do not have".
As for academics and international law professors, 90 percent of them said the decision is legitimate for the following reasons:
1. The presence of such an organization conflicts with the principle of "sovereignty" of states. This is a foreign and terrorist organization with proven record of crimes and terrorism inside and outside Iraq.
2. This organization is a state within the state because it has a regular army and full control over the positions in which it is present. This is not acceptable in international norms and relations.
3. Its presence harms Iraq's interests and its relations with Iran. The new government in Iraq must prove that it has good intentions toward the neighboring countries, whose confidence in Iraq was shaken because of the policies of the former regime.
4. Iraq's hosting of this organization might be considered a precedent that some countries might take advantage of to deal with Iraq in the same way.
5. The interim government, represented by the Governing Council, is fully entitled and has the legitimacy to issue decisions. The decisions issued by the former regime, on the other hand, have no legitimacy.
The 12 percent of the polled who had a different opinion did not say that the decision is illegitimate. But they believed that the organization should stay for humanitarian reasons, as they said. They said its members should be granted political asylum provided that they did not engage in any political or military work in the future.
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