This new edition of The Kurds in Iraq brings the book fully up-to-date in the light of recent events in Iraq, and the ever-present danger of civil war.
Yildiz explores the impact of occupation and escalating violence. There is an entirely new chapter on Kirkuk, which continues to be of major strategic interest to the various powers in the region. There is also a new chapter on insurgency and sectarianism that examines the motivations behind the insurgency, the tactics that are used, and outlines possible ways to deal with it.
The book is a unique account of the problems that all political groups face in bringing stability to the country, as well as exploring Kurdish links and international relations in the broader sense. It should be required reading for policy-makers and anyone interested in the current position of the Kurds in Iraq. Foreword
Map of the area inhabited by Kurds
Introduction
PART I: THE PAST
1. The Kurds
2. The Treaty of Sèvres and the Creation of Iraq
3. The Kurds Under Barzani
4. The Anfal Campaigns
5. The First Gulf War: From Uprising to Democracy
6. Democracy in Iraqi Kurdistan
7. Human Rights in Iraqi Kurdistan
8. The Displacement of Kurds in Iraq
9. Economic/Humanitarian Affairs in Iraqi Kurdistan
10. The Kurds Have no Friends but the Mountains
11. US Foreign Policy towards Saddam: Pre-September
PART II: THE PRESENT
12. The Road to War
13. The Second Gulf War: 'Operation Iraqi Freedom'
14. Current Executive Structure in Iraq
15. Insurgency and Sectarianism
16. Current Legal and Human Rights Issues
17. The Question of Autonomy
18. The Anfal Campaigns: The War Crimes Tribunal
19. The Continuing Problem of Internal Displacement
20. Current Economic/Humanitarian Issues in Iraqi Kurdistan
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Extrait
The Kurds in Iraq
Past, Present and Future
Revised edition
Kerim Yildiz
P Pluto Press LONDON • ANN ARBOR, MI in association with KURDISH HUMAN RIGHTS PROJECT
First published 2007 by Pluto Press 345 Archway Road, London N6 5AA and 839 Greene Street, Ann Arbor, MI 48106
The right of Kerim Yildiz to be identified as the author of this work has been asserted by him in accordance with the Copyright Designs and Patents Act 1988
British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data applied for
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Designed and produced for Pluto Press by Chase Publishing Services Ltd, Fortescue, Sidmouth, EX10 9QG, England Typeset from disk by Stanford DTP Services, Northampton, England Printed and bound in the European Union by Antony Rowe Ltd, Chippenham and Eastbourne, England
To my Wife Bridget and my Son Dara
Contents
Acknowledgements Foreword Map of the area inhabited by Kurds
Introduction
Part I: The Past
1
2
3
4
The Kurds‘Kurds’ and ‘Kurdistan’ Language Religion Population Topography of Kurdistan
The Treaty of Sèvres and the Creation of Iraq
The Kurds Under BarzaniRevolts The emergence of a Kurdish leader Aftermath of the 1958 Revolution The Ba‘ath regimes The March Manifesto of 1970 The 1974 Autonomy Law US and Iranian involvement in Kurdish–Iraqi relations: 1970–75 The Algiers Agreement of 1975 and its aftermath
The Anfal CampaignsSpoils of war The logic of destruction The spring offensives of 1988 The attack on Halabja The attack on Sayw Senan The remaining Anfal campaigns Amnesty International responses to the Anfal campaigns
xii xiii xv
1
7 7 8 8 9 9
10
15 15 15 16 17 17 20
22 23
25 25 25 26 27 28 28 30 31
viii The Kurds in Iraq
5
6
7
8
9
The First Gulf War: From Uprising to DemocracyBackground The intifada (uprising) The Ba‘athists respond Exodus from Iraqi Kurdistan Turkey, Iran and the Iraqi Kurds Resolution 688 ‘Operation Provide Comfort’ ‘Operation Safe Haven’ Negotiating autonomy with Saddam Hussein
Democracy in Iraqi KurdistanA rainbow alliance International ambivalence Autonomy from a Kurdish perspective Electoral procedure A new kind of political space? Relations between the PUK and KDP
Human Rights in Iraqi KurdistanBackground Crimes of the Ba‘ath regime Breaches of international law by the government of Iraq Humanitarian law Human rights structures and the Kurdish authorities Women’s rights in Iraqi Kurdistan
The Displacement of Kurds in IraqA displaced history Displacement since the establishment of the safe haven Effect of the TurkishPKK conflict
Economic/Humanitarian Affairs in Iraqi KurdistanBackground Oil in Iraq: A brief overview Oil in Iraqi Kurdistan: A brief overview Pipelines Sanctions Criticism of the OilforFood Programme Embargo Currency
34 34 34 36 36 37 37 39 39 42
44 44 44 45 45 46 48
51 51 52 54 55 57 57
64 64 66 67
68 68 69 70 70 71 73 75 76
Employment Nongovernmental organisations
10 The Kurds Have no Friends but the Mountains Turkey: A difficult neighbour Beyond Iraq: The Kurds of Turkey, Iran and Syria
Contents ix
11 US Foreign Policy Towards Saddam: PreSeptember 11
Part II: The Present
12 The Road to War ‘Either you are with us, or you are with the terrorists’ The Kurds’ path to war
13 The Second Gulf War: ‘Operation Iraqi Freedom’ ‘They were received with bombs, shoes and bullets’ The Kurdish Jerusalem War over? The current security situation Security strategy
14 Current Executive Structure in Iraq Saddam’s Iraqi opposition The new Iraqi government
15 Insurgency and Sectarianism Developing tactics of the insurgency The composition of the insurgency Insurgency and sectarianism The insurgency and Iraqi Kurdistan Alleged involvement of Syria and Iran Causes of the insurgency Counterinsurgency
16 Current Legal and Human Rights Issues The Coalition Provisional Authority Humanitarian international law obligations International human rights law obligations
76 76
79 79 82
90
95 95 105
111 111 112 115 115 117
118 118 119
149 150 151 153 155 155 156 157
161 161 161 163
x The Kurds in Iraq
17 The Question of Autonomy
18 The Anfal Campaigns: The War Crimes Tribunal An enduring legacy The Iraqi Special Tribunal The defendants The death penalty International judges The crimes
19 The Continuing Problem of Internal Displacement The current situation
20 Current Economic/Humanitarian Issues in Iraqi Kurdistan Sanctions and embargoes The OilforFood Programme Currency Nongovernmental organisations and international organisations Oil
Part III: The Future
21 SelfDetermination and Autonomy What is selfdetermination? The Kurdish claim to selfdetermination Autonomy A UN mandate? Economic issues
22Kirkuk History of Kirkuk The settlement of Turcomans in the Kirkuk region The Arabisation of Kirkuk PostGulf War developments Kurdish aspirations for Kirkuk Recent developments in the region
23 The Tribunal and the Victims Introduction
168
169 169 170 171 172 172 173
176 180
182 182 182 183
184 185
191 191 194 197 199 201
203 203 204 205 207 207 210
213 213
A UN tribunal A hybrid court The International Criminal Court A Truth and Reconciliation Commission The way forward
24 The Land Question The Iraqi Property Reconciliation Facility The way forward
Addendum
Contents xi
Appendix I: Articles of the 1920 Treaty of Sèvres relating to Kurdistan Appendix II: The Kurdistan Regional Government Provisional Constitution for the Federal Republic of Iraq Appendix III: UN Guiding Principles on Internal Displacement
Notes Index
213 214 215 215 216
218 218 219
222
223
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240
251 281
Acknowledgements
This book was written by Kerim Yildiz, who would like to thank Merin Abbass and Sayran Sulevani for their invaluable research assistance.
xii
Foreword
With the demise of the rule of the Ba‘ath party in Iraq, the country’s Kurdish population faces a new chapter in the political and regional development of its region. For over a century the Kurds have been subject to the grand schemes of other powers, denied autonomy, and have faced the onslaughts of military assaults, economic embargoes, and the destruction of their native regions. This publication is intended to provide an outline of some of the issues affecting the Kurds in Iraq. It provides a brief exploration of the past’s effect on the present, and of how both the Kurds and the international community may avoid repeating previous mistakes, laying the foundations for an internationally recognised autonomous region committed to pluralistic democracy and human rights. Such a region would require a commitment to the rule of law and internationally recognised human rights standards. In the intervening years between the First Gulf War and the 2003 USled war against Saddam, the Kurds established a democratic administration, which has persevered despite a lack of assistance from the international community to facilitate its establishment or indeed any international recognition. Iraqi Kurdistan serves as a role model not only for Iraq but also for the rest of the Middle East, particularly with regard to adherence to human rights principles, including women’s rights and freedom of expression. The study proposes that the Kurds should continue to have full and equal participation in the reconstruction of Iraq. The study also details a range of human rights policies to the Occupying Powers, the international community and the Kurds themselves. The publication highlights the international initiatives possible to ensure the economic and social development of Iraqi Kurdistan, including equitable distribution of the revenues of oil and the OilforFood Programme. This publication provides a scholarly analysis of the urgent and as of yet unanswered question: what is to be the future of the Iraqi Kurdistan bearing in mind what was achieved after the First Gulf War in 1992? In BHRC’s view, unless the rule of law is quickly established throughout postwar Iraq, the future of the whole region remains bleak.