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All Journal Indonesian Journal of International Law AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Ahmed, Awara Hussein
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili Ahmed, Awara Hussein
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v3i1.16724

Abstract

The Yazidis are one of the oldest ethnic and religious communities originating from the Middle East. The majority of Yazidis reside in northwestern Iraq, in the areas around Mount Shingal and the Shekhan district. Throughout their history, Yazidis have faced genocide and many international crimes, most notably the 2014 Genocide by the Islamic State in Iraq and Syria (hereafter referred to as ISIS or IS), which had a significant international impact. The United Nations has recognised these atrocities as genocide in several of its reports. Moreover, several ISIS perpetrators have been prosecuted in various states. However, the verdict of the Frankfurt regional high court in Germany (hereinafter referred to as the Frankfurt Court) to sentence Taha Al-Jumaili is considered the first decision acknowledging crimes against Yazidis as genocide based on absolute universal jurisdiction and, from a legal perspective, as a result of intensive efforts. This research aims to conduct a clear legal evaluation of the Frankfurt court's decision to sentence Taha Al-Jumaili and compare it with internationally recognised criminal law standards. The method used is a legal analysis method to examine the relevant international conventions, laws, and court rules. The research findings indicate that the aforementioned decision has a valuable legal basis, as the Frankfurt Court, in its decision, concluded that Genocide can be committed by killing just one person if the legal conditions of Genocide exist in the crime, which they did in the case of Taha Al-Jumaili. In this sense, a genocide crime can be committed by killing a single person. Taha Al-Jumaili's criminal liability was the murder of a Yazidi girl, and he received a life sentence as a Genocide criminal. This sentence is in line with internationally recognised criminal law standards.
Amnesty for Kurdish Genocide Perpetrators in the Perspective National and International Law Ahmed, Awara Hussein
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v4i2.23575

Abstract

The concept of amnesty has long been a subject of debate, especially when it concerns those responsible for heinous crimes such as genocide. This study aims to analyze the legal implications of the 1991 general amnesty issued by the Kurdistan Council, focusing on its impact on victims' rights and transitional justice from both national and international legal perspectives. Employing a legal analysis method, the research examines laws, court decisions, conventions, and relevant statutes, as well as academic studies and legal documents. The findings reveal that, based on legal principles at both domestic and international levels, perpetrators of international crimes in general, and genocide in particular, cannot escape legal accountability. Amnesty is inconsistent with the principles of equality and the protection of all individuals before the law. However, if amnesty must be chosen as a last resort and is entirely unavoidable, this legal flaw can be rectified by prosecuting the perpetrators in court.
The Implications of UN Security Council Resolutions in Shaping the Dynamics of the Palestinian-Israel Peace Process: The Israel-Hamas War as a Case Study Ahmed, Awara Hussein; Ali, Hemn Shawkat
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Israeli war on Gaza on 7 October 2023 has raised questions regarding the effectiveness of international institutions in promoting peace and security. The Security Council (SC) plays an important role in global conflict resolution. The Council's response to the bloody war in Gaza has been the subject of scrutiny, causing many to question its competence and impact on global stability. Therefore, this study aims to examine the participation and influence of the United Nations Security Council (UNSC) in shaping the dynamics of the Israel-Palestinian conflict, with a particular focus on the recent military conflict between Israelis and Palestinians in the Gaza Strip. A mixed-method design was used to provide a nuanced understanding of UNSC engagement, and it combines the qualitative analysis of diplomatic discourse with quantitative analysis of historical and new UNSC resolutions. Furthermore, the legal analysis method was used. The results showed a correlation between the escalation or de-escalation of the conflict in the Israel-Palestinian context and the intricate patterns of decision-making in the UNSC. These results emphasized the limitations and potential strengths of the UNSC, as well as providing insight into the viability or effectiveness in conflict resolution.
Co-Authors Ali, Hemn Shawkat