The death sentences against Ali Hassan al-Majid, known as “Chemical Ali,” and three others, including Ahmad al-Tai, who negotiated the cease-fire ending the 1991 Gulf War, are in legal limbo amid fears the executions could spark further sectarian violence and hamper efforts at reconstruction. The Iraqi High Tribunal sentenced the men to hang for genocide, war crimes and crimes against humanity for their role in “Operation ANFAL,” a chemical weapons attack in northern Iraqi Kurdistan. The issue stems from the apprehension of Iraqi President Jalal Talabani, himself a Kurd, to sign off on the penalties as mandated by the constitution. The Iraqi constitution mandates that a three man presidential council sign off on death sentences, though it is unclear if that rule applies to the special tribunal. The men are in the custody of the United States at Camp Cropper and will be handed over to Iraqi custody after their fate is determined.
The death sentences stem from atrocities committed against the Kurdish population in a military campaign known as Operation ANFAL. In June, 1988, Iraqi military – directed by al-Majid – killed up to 180,000 Kurdish civilians and guerillas as part of a crackdown against uprisings in Iraqi Kurdistan. Al-Majid admitted to ordering troops to execute Kurds who would not participate with imposed displacements, however, he denied the use of chemical weapons during the campaign. Prosecutors allege al-Majid had ordered the deployment of mustard gas and nerve agents during Operation ANFAL, earning him the nickname of "Chemical Ali." The defense, however, claims the Kurdish population were collaborating with Iran during the Iran-Iraq war and were therefore legitimate military targets. Al-Majid was found guilty and sentenced to death in June.
Court officials are protesting Talabani's delay, saying the presidential council did not approve the execution of Saddam Hussein when he was hung in December. Three others were executed at a later date. The death sentences were expected to be carried out on Sept. 11, however, officials decided to delay carrying out the executions until the end of Ramadan.
Issues also stem from the perceptions surrounding Ahmad al-Tai, who is regarded highly in Iraq despite his role in the former regime under Saddam Hussein. Al-Tai negotiated the cease-fire in the first Gulf War and surrendered to U.S. forces after the invasion of Iraq in 2003. President Talabani said he was reluctant to carry out the death penalty against al-Tai who faced death if he opposed Saddam. Others also expressed concern that the executions would spark further sectarian violence and destabilize the already collapsing state.
Authorities may decide to only execute al-Majid as they did with Saddam and determine the fate of the other men at a later date. The Iragi High Tribunal expressed their concern that delays would undermine the authority of the court. An Iraqi government official said the “execution might be carried out against Ali Hassan al-Majid only, as the case with Saddam Hussein.”
