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UN Fourth Geneva Convention status is not for sale

The MKO’s supporters in the European Parliament today pushed through a last-minute resolution on Camp Ashraf just before the close of parliament for theDo the Geneva Conventions apply? elections. Although voting does not take place until tomorrow, the resolution is already defunct as it clearly contains false information and misleading political assertions.

The resolution, did not include any criticism of MKO behaviour in Iraq, nor did it oblige the MKO to abide by Iraqi and international law. Instead it re-iterates the false assertion that UN Fourth Geneva Convention applies to the group even though there can be no doubt that the Geneva Convention referred to has not applied since June 2005. Tomorrow members of parliament will be asked to vote on a resolution which is hopelessly flawed.

In my view, as I explained in my latest letter to the European Parliament, the only way forward is for the EU to cooperate with the Government of Iraq to open alternative camps and help these people to reintegrate into mainstream society.

From the UK House of Commons Library



Do the Geneva Conventions apply?

In July 2004, the PMOI forces in Ashraf were declared by the US to be ‘protected persons’ under the Fourth Geneva Convention of 1949, because they had not been belligerents during the Iraq War. The Fourth Geneva Convention protects civilians who, as the result of an international armed conflict or of occupation, find themselves in the hands of a country of which they are not nationals. It states that in no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.

In the case of occupied territory, the Convention continues to apply for a year after the general close of military operations, and partially thereafter if the occupying power continues to exercise the functions of government. The occupation of Iraq formally ended on 30 June 2004.


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