Article Per Year (5 Year)
p-Index From 2021 - 2026
0.983
P-Index
This Author published in this journals
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

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

 1 
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.
Co-Authors Ali, Hemn Shawkat