Iraqi parliament set for second reading of contentious General Pardon Law amendment

BAGHDAD — The Iraqi Parliamentary Legal Committee has submitted the Second Amendment to the General Pardon Law to the Speaker’s Office, pushing for a second reading to the contentious bill in parliament.

Abdul Karim Abtan Al-Jubouri, second deputy chairman of the committee, confirmed the move in a statement. “The Legal Committee has referred the draft law for the second amendment to the General Pardon Law to the Speaker’s Office to be placed on the agenda for a second reading, allowing deputies to present their proposals and opinions,” he said. “This request was made unanimously by all concerned parties without any objections.”

First Deputy Chairman Murtadha Al-Saadi told Al-Sabah that the committee had completed a comprehensive report on the amendment. “There was an agreement to submit it to the parliament leadership for a second reading,” he said, adding that the bill “currently lacks many details because the committee will begin receiving comments from deputies on the law after the report is read in session.” Al-Saadi also emphasized that “the details regarding this law require time, but the Legal Committee has completed its responsibilities.”

Meanwhile, MP Diaa Al-Hindi told Al-Sabah, “The current debate is centered on the issue of definitions, particularly one chapter. However, the debate does not concern those covered by the pardon, as that aspect of the law is already settled.”

The Iraqi Parliament completed the first reading of the draft law on Aug. 4, 2024. Despite the existence of several general pardon laws in recent years, including the 2016 General Pardon Law, there have been calls for more, particularly from Sunni factions.

The proposed amendment, primarily backed by Sunni parties, is a key demand in exchange for their support of Prime Minister Mohammed Shia Al-Sudani’s cabinet. Sunni leaders argue that after ISIS took control of predominantly Sunni western provinces in 2014, many people were unjustly accused of affiliation with the terrorist organization. Thousands were detained, often without court orders, under the “Terrorism Law No. 4,” which imposes the death penalty on anyone proven to have joined armed groups.

On June 12, 2024, Osama Al-Nujaifi, secretary-general of the Mutahidoun Party, called on the parliament to expedite the law’s approval. “We call on the House of Representatives to accelerate the issuance of the General Pardon Law. Its delay has caused deep anguish for the families of many innocent people who have been mere victims,” al-Nujaifi said.

However, Shiite factions remain staunchly opposed to any law that would allow the release of individuals they consider terrorists. On Aug. 26, Nouri al-Maliki, leader of the State of Law Coalition, emphasized that his support for the law would be conditional. He insisted that the law should apply only to those convicted of non-violent crimes and “ordinary felonies, misdemeanors, and publishing-related offenses.” Maliki stressed that there should be no pardon “for individuals involved in murder, terrorism, bombings, or those who obstructed reconstruction and essential services.”

In recent weeks, Shiite parties have tied the amendment’s passage to proposed changes in the Personal Status Law, suggesting that both amendments should be approved together as part of a broader legislative package. However, the fate of the hugely controversial Personal Status Law amendments hang in the balance after a session last night was shelved in parliament.

The dispute over the General Pardon Law reflects deep-rooted mistrust between Iraq’s Sunni and Shiite political factions, as well as broader disagreements over how to define “terrorism.” As these debates continue, and with parliamentary elections on the horizon, it remains unlikely that the law will be enacted in a way that fully satisfies Sunni demands. Many Shiite leaders argue that Sunni parties aim to use the law as a political tool to gain votes in mixed religious areas.

Prime Minister Al-Sudani has pledged to include the general pardon law in his government’s legislative agenda. However, the ongoing disagreements over who qualifies for a pardon—particularly how to differentiate between individuals who voluntarily joined ISIS and those who were forced to live under its control—continue to complicate the law’s passage.