The Protection of the Yazidi Community after the Crimes of ISIS Terrorists in Light of the Principle of Justice: An Analytical Constitutional Study
DOI:
https://doi.org/10.35246/7fpkss64Keywords:
Justice, Transitional, Yazidi Component, Support, MinoritiesAbstract
Any legislative structure requires clear rules (preventive and therapeutic) of justice that reflect virtuous morals and it embodying of human dignity and harmony with others, and with society. This requires specialized expertise in formulating legislative policy in complex societies. These rules must provide maximum benefit to vulnerable groups in times of crisis. The damage inflicted on the Yazidi community by the Terrorism can be treatment through transitional justice and the solidarity and national cohesion. The Iraqi Constitution of 2005 Contains on several aspects from transitional justice. However It did not explicitly stipulate on solidarity, especially between regions, but did stipulate national unity in several places.
The Iraqi Constitution weakened from the value of justice due to the lack of specific restrictions on the types of crimes under the general amnesty. The Yazidi Victims Law No. (8) of 2021 did not include the prohibition of genocide and crimes against humanity under the amnesty provisions, while it excluded the crimes of kidnapping and enslavement only. and Despite the diversity of legal support for the Yazidi community in social life, but in political life, the Iraqi law has weakened the representation of minorities within parliaments and political parties.
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