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イラク新法は首相に反乱鎮圧の戒厳令の権限を与える。
つまり、アメリカの傀儡の軍事政権の正体を剥きだしにしてきたのである。
別途、クルド＝イスラエルの動きもあり、内戦が本格化するであろう。日本の中国大陸侵略の歴史よりも酷いことになる。
http://www.nytimes.com/2004/07/07/international/middleeast/07IRAQ.html?th
July 7, 2004
New Law in Iraq Gives Premier Martial Powers to Fight Uprising
By EDWARD WONG
AGHDAD, Iraq, July 6 -- Prime Minister Iyad Allawi on Tuesday signed into law broad martial powers that allow him to impose curfews anywhere in the country, ban groups he considers seditious and order the detentions of people suspected of being security risks.
Putting a law in place that permits him to establish emergency powers is one of the first official actions Dr. Allawi has taken against a tenacious insurgency and lays the groundwork for a forceful response to civil unrest. The law was written with the input of lawyers and the ministers of justice and of human rights, he said.
His hard-line approach had already become apparent in his office's announcement early Tuesday that Iraqi forces provided the American military with intelligence for a Monday airstrike on what was described as a rebel safe house in Falluja. At least 10 people were killed.
Postings appeared on Islamist Web sites on Tuesday denouncing Dr. Allawi as a puppet of the occupation forces.
The national safety law, scheduled to be announced Wednesday, allows the prime minister to declare emergency rule in any part of Iraq threatened by instability, Dr. Allawi said in an interview in his cavernous office near the new American Embassy.
"Whenever and wherever it's going to be necessary, we will apply this law," Dr. Allawi said, speaking in a slow, gruff voice on his ninth day in office. [Excerpts, Page A10.]
Skeptics say the Iraqi security forces do not have the numbers, weapons or training to enforce emergency law and will need to lean heavily on American forces. Dr. Allawi said that the government was "beefing up these resources" and that "Iraqis should shoulder the responsibility, should be the people who enforce law and order in Iraq and against the terrorists."
A draft of the law obtained by The New York Times independently of Dr. Allawi's office stated that the prime minister has the right to "impose restrictions on the freedoms of citizens or foreigners in Iraq" in the event of a "dangerous threat" or "the occurrence of armed instability that threatens state institutions or its infrastructure."
The restrictions include the curtailing or banning of travel, group meetings and the possession of weapons.
The prime minister also has the power to take direct control of all security and intelligence forces in the area under emergency rule. According to the draft, he can also "appoint a military or civilian commander to assume administration of an emergency area" with the help of an emergency force, as long as the president -- currently Sheik Ghazi Ajil al-Yawar -- approves.
The law also imposes some restrictions on the emergency powers, including court reviews. The prime minister can impose emergency law only for a specified duration and must get the approval of the president, according to the document.
The person who provided the document to The Times said he was unsure whether it was the final version of the law. Deeply involved in Iraqi politics, he expressed concern that it did not guarantee that general elections, scheduled for January 2005, would be held.
In an interview before taking office, Dr. Allawi hinted that the elections might be pushed back, but then quickly retracted his statement.
When Dr. Allawi first said last month that he might declare a state of emergency, critics worried that elections could be canceled. Human rights advocates are now raising concerns that the powers might be arbitrarily imposed, saying they want guarantees of fair treatment and proper legal procedures for anyone seized under martial law.
Hania Mufti, the head of Human Rights Watch in Baghdad, said she wanted to see how much legal counsel would be provided to people detained or arrested under emergency rule. In addition, she said, "one of the dangers in such a situation is that people would be arrested without a warrant; if they're not arrested with a warrant, then there's no paper trail."
"We need assurances there will be no exceptional areas in regard to the fundamental rights of the accused," she added.
Under the formal American occupation, Iraqis in effect lived under martial law for 15 months. Soldiers imposed curfews, cordoned off neighborhoods or villages and detained people at will. United Nations Resolution 1546 still grants the American military many of those rights.
Since the American occupation authority formally turned over sovereignty to Iraq on June 28, Dr. Allawi, a former Baath Party official who worked from abroad against Saddam Hussein, has tried to strike a balance in dealing with the insurgency.
He said he had opened negotiations with those insurgents who were not hard-core fighters and had offered the possibility of amnesty to them. But he also wants to show he can rule with an iron fist.
"There are people who have been doing things around the periphery and who call themselves the resistance," he said. "I told them: `What are you trying to achieve, let us know. Do you want to bring Saddam back to rule Iraq; do you want to bring bin Laden to rule Iraq? We will fight you.' "
But he said they would be welcomed into the political process if they severed their relations "to the hard-core and to the criminals and the terrorists."
"Believe me, it has worked with some," he added. "They have given me very important information. They also have spread the word to others across the country, and we are finding more and more positiveness on this attitude."
There are signs that some Iraqis might have become fed up with insurgent bombings in which ordinary people have been killed. One insurgent group released a video on Tuesday threatening to drive out the Jordanian fighter Abu Musab al-Zarqawi, who has taken responsibility for many kidnappings and bombings.
As for the new emergency law, a senior American military official said American soldiers could help enforce it in certain situations.
"We can certainly be supportive of the Iraqi government when asked, on a case-by-case basis, looking at our means and capabilities," the official said. "If they wanted us to put up additional checkpoints to support the public safety law, we could be helpful. If they wanted us to support their curfews as we have done up in Mosul, I'm sure we can be helpful in that regard."
The national safety law was signed Tuesday morning by Dr. Allawi, President Yawar and other top officials, the prime minister said.
He took great pains to emphasize that the exercise of emergency measures -- called "extraordinary powers" in the draft -- would adhere to strict legal standards. He said the highest courts in Iraq and a group of judges on call 24 hours a day would be available to approve search warrants and other actions.
The draft of the law states that a national assembly expected to be formed later this month could oversee how the law is enforced.
The prime minister's decisions under emergency rule are subject to the review of the court of appeals, which can cancel the decisions, the draft said. The document also forbids the prime minister to cancel the transitional administrative law during a state of emergency. The law was signed by American administrators and Iraqi Governing Council members in early March and functions as an interim constitution.
That clause appears to be a nod to the Kurds, who value the transitional law because it essentially gives them veto power over the permanent constitution. The emergency law also prevents the prime minister from exercising martial powers in the region of Kurdistan without consulting officials there.
In the past week, the new government has gathered Iraqi and foreign reporters twice to announce details of the emergency law, only to cancel at the last minute. Dr. Allawi said the unveiling of the law had been delayed because "we wanted to make very sure that things could not be derailed from a legal point of view nor a human rights point of view, yet empower the government to do whatever is necessary to protect the citizens of Iraq."
"In fact," he said, "we completed signing the law after really elaborate deliberations and discussions to ensure checks and balances and to ensure the adherence to the rule of law and to the human rights, the respect of human rights issues."
According to the draft, the law allows for the detention of "those suspicious by their behavior and to search them or search their homes and places of employment and to impose mandatory residence upon them."
Dr. Allawi said he hoped the government would not have to apply the emergency law at all. "But once it becomes necessary," he said, "we'll do it."
Ian Fisher contributed reporting for this article.
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