Shafaq News/The General Amnesty Law (GAL), a piece of legislation deeply intertwined withIraq’s political landscape, has long been a subject of heated debate andcompromise. Originally passed in 2008, the law was born out of a broaderpolitical deal, reflecting the interests of Iraq’s major factions—Shia, Sunni,and Kurdish. Revisited in 2016, and once again at the forefront ofparliamentary negotiations under the current government of Prime MinisterMohammed Shia al-Sudani, the law continues to face significant challenges. Itsfate is mired in political maneuvering, as opposing blocs wrestle with itspotential impact on Iraq’s delicate social fabric, particularly regarding therelease of prisoners accused of terrorism.
GeneralAmnesty Law Rooted In Political Deals
GAL wasfirst enacted in 2008 as part of a broader political deal, where the IraqiParliament voted on three laws in a single package: the General Budget Law, theGeneral Amnesty Law, and the Law of Governorates Not Incorporated into aRegion. At the time, observers noted that each Iraqi faction—Shia, Sunni, andKurdish—gained a law that served their interests.
In 2016, theCouncil of Representatives passed a second General Amnesty Law, which, like itspredecessor, emerged from a political compromise. This time, it was a Sunnidemand included in the agreement to form the government in 2014. It was votedon alongside the "Baath Party Ban Law" and the "PopularMobilization Authority Law," reinforcing analysts' claims that the law wasagain passed within the framework of political deals and concessions.
GAL is alsoa key condition set by Sunni blocs during negotiations for the formation of the"State Administration" coalition. This coalition, which broughttogether the Shia Coordination Framework, Kurdish, and Sunni blocs, ultimatelyled to the formation of the current government under Prime Minister al-Sudani.However, the law has faced opposition from factions within the Framework,particularly over concerns that it could enable the release of individualsconvicted of terrorism and murder.
Officialshave clarified that amendments to the General Amnesty Law will excludeterrorists and those involved in crimes such as human trafficking, drugoffenses, threats to national security, and the embezzlement ormisappropriation of public funds. Despite these reassurances, the CoordinationFramework has expressed concerns about "enacting a law that permits therelease of terrorists and those responsible for shedding Iraqi blood, leadingto the fall of cities into the hands of terrorist groups."
Since al-Sudani'sgovernment took office, the Law has faced an uncertain future. While politicalagreements initially called for its enactment, many observers suggest there isa deliberate effort, particularly from within the Coordination Framework, toobstruct the law and backtrack on promises made to Sunni parties to securetheir participation in the new government.
According toSunni lawmakers, the government's program includes passing the law, conductingsecurity audits in their provinces, and either abolishing or suspending theactivities of certain entities that have been a source of concern for them.
StalledDemands And Controversial Executions
Politicalanalyst Khattab al-Tamimi explained to Shafaq News Agency that the GeneralAmnesty Law “is not a new piece of legislation but rather an amendment to the2016 law.” noting that Sunni demands during the State Administration Coalitionnegotiations, included the expansion of the Law to cover a broader group ofdefendants, as well as addressing the issues of displaced persons and balancingpower within security forces. However, none of these demands, including theamnesty law, have been met so far, despite being a key reason Sunni partiessupported Prime Minister al-Sudani and the Coordination Framework.”
Al-Tamimitold Shafaq News considered the Amnesty Law is crucial because “many young menwere arrested by US forces and later handed over to the Iraqi government.” Hepointed out that some were detained based on secret informant reports andmalicious lawsuits, while others had confessions extracted under duress andtorture.
“Calls foramnesty do not apply to terrorists or criminals but rather to the innocent inprisons, of which there are many. Iraq has experienced sectarian crises,leading to arbitrary arrests across the western provinces and in Baghdad andits surrounding areas…some individuals have been executed unjustly,” Al-Tamimipointed out.
Moreover, hecriticized the linkage of the Amnesty Law to the Personal Status Law, stressingthat the latter is not agreed upon and does not concern Sunni groups butpertains to a particular sect of the Iraqi population. In contrast, the amnestylaw affects all Iraqis, including Sunnis, Shias, and others, “making politicalblackmail and bargaining over this issue completely unacceptable.”
“Iraq'sPresidency has recently approved numerous executions, even though many of thosesentenced were innocent, as their arrests were arbitrary and based on sectariangrounds.”
On September16, Iraq's parliament concluded its report and held the second reading of thedraft to amend the General Amnesty Law. While Sunni parliamentary and politicalforces insist on its approval, Shia groups oppose the legislation out ofconcern that it could lead to the release of detainees accused of terrorism.
In thiscontext, Iraqi MP Qutaiba Mohammed told Shafaq News that the General AmnestyLaw is part of the government’s program, and there are ongoing efforts to passit. “The second reading demonstrates the seriousness of this intent, but thebill remains under review by the parliamentary legal committee, with potentialamendments, such as possibly including drug offenders.”
Mohammedbelieved the law is unlikely to pass without the Personal Status Law beingaddressed in the same session.
Asdiscussions continue to evolve, other political analysts have pointed out thelong-standing complexities hindering its approval.
Amnesty Law:Humanitarian And Electoral Battleground
Iraqiaffairs analyst Muzaffar al-Karkhi noted that the General Amnesty Law has beenunder discussion for a long time within both parliament and the government.However, “many political blocs use the law as an electoral tool, eitheropposing it due to their constituents’ preferences or supporting it for similarreasons, creating a significant obstacle to its passage.”
“The GeneralAmnesty Law is a humanitarian issue before it is a legal matter, as manyinnocent people are in prison due to the notorious secret informant system,malicious accusations, and torture…a retrial is necessary to ensure that theseindividuals are included under the law.” Al-Karkhi told Shafaq News.
Heemphasized that the amnesty law does not apply to any specific sect or groupbut rather to all Iraqis, from the north to the south. "Every Iraqihousehold has a detainee, prisoner, or convict eagerly awaiting the law,"al-Karkhi said.