Attn: Hon. Al-Jaafari, Dr. Al-Janabi, and Dr.

Schltag

ID: LFG-2015-IR-0008

Iraqi Ministry of Foreign Affairs
Baghdad, IRAQ
admdep@mofa.gov.iq
Sent via: Mail and Email
September 25th, 2015
Re: Request to the Iraqi government to accept the jurisdiction of the International Criminal Court by
becoming a State Party to the Rome Statute.
Honorable Dr. Ibrahim al-Jaafari, Dr. Hassan Hani Al-Janabi, and Dr. Waleed Hameed Schltag,
My name is Isaiah X. Smith and I am sending you this letter for the purpose of requesting your
government to officially accept jurisdiction of the International Criminal Court by becoming a party of
and to the Rome Statue. I would respectfully ask the aforementioned officials to read this letter and to
respond appropriately to this letter.
I.

General Information
The Republic of Iraq is a country in Western Asia that is currently being attacked by a various
number to terrorist entities. The country of Iraq is being bombarded by individuals who are
committing violations to the domestic constitutional and international rights of Iraqi
citizens. Despite the number of serious violations that are occurring in Iraq, there are no
prosecutions being made by the International Criminal Court against the violators for their
crimes. The Republic of Iraq today is not a party to the Rome Statute. Therefore the
International Criminal Court does not have jurisdiction to investigate assertions of the Rome
Statute being violated on Iraqi soil, unless the situation is referred by the United Nations
Security Council. The United Nations Security Council is fully aware of the situation in Iraq
and Syria and they have failed to make a recommendation to the International Criminal
Court for an investigation. This is not because of necessarily “deliberate indifference” but
because of “politics.”
Currently terrorist groups and extremists are operating in the Republic of Iraq and they are
preventing individuals from having life, obtaining liberty and perusing a good quality pursuit
of happiness. They are persecuting minorities and unjustly slaughtering anyone that they
want to at their will. In response to “terrorist” activities that are taking place in your
country, the United States of America and some other countries are involved in air-drone
strikes against terrorist individuals. While the “air-drone” campaign is working, some of the
individuals who are committing the violations are on the run and are at large without being
prosecuted. If an individual comities a violation of the domestic constitutional or

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international rights of an Iraqi citizen in the Republic of Iraq, they must be brought to justice
through the legal system if they are caught. Everyone deserves a fair and a just trial.
As I have stated before, Iraq is not a party of or to the Rome Statute so that is the reason
why the International Criminal Court has not prosecuted individuals that violated the Rome
Statute in your country. Again the United Nations Security Council has not been able to
make a recommendation to the International Criminal Court for an investigation. But please
be reminded that if you join the International Criminal Court by becoming a party to the
Rome Statute, immediate action would be potentially possible to be taken against violators
of the Rome Statute. The United Nations Security Council is a great entity, however they will
not be able to act in time with respect to helping stop violations of and to international law
from occurring in your country. Sadly that is due to “politics.” Politics should not be used to
prevent the law from being abided by.
II.

International Criminal Court’s jurisdiction after the Iraqi government accepts jurisdiction
of the court by becoming a party to the Rome Statute
The Iraqi government can accept jurisdiction of the International Criminal Court pursuant to
Article 12, paragraph 3 of the Rome Statute. The International Criminal Court will then be
able to investigate all assertions made by a state party or by any individual that is in regards
to violations of the Rome Statute that have or that is occurring; after the year of 2001. The
prosecutor can and has the ability to start his or her own investigation into an alleged crime,
at his or her will, “proprio motu.” See Article 15 (1) R.S.

III.

The International Criminal Court is an important court and should be used to prosecute
individuals that have violated the Rome Statute
The International Criminal Court is an extremely important court. I would strongly say that
Iraq is in a “last resort” stage due to terrorists and extremists that are committing a
countless number of violations in your country. In order to help make sure that the
prevention and “fair” prosecution of individuals engaging in or who have engaged in crimes
against humanity, genocide or the crime of aggression, the high court was established for
that specific purpose. Therefore it is extremely important for the International Criminal
Court to exist in our World and to be used. As a world, we cannot afford to have another
“Adolf Hitler.”
Adolf Hitler back in the day had a lot of social, political and economic power. A lot of
individuals in a society may not be prosecuted because of the social, political or the
economic power that personage has. That is another reason why the International Criminal
Court is an extremely important high court because under the law all are and should be
treated equally. No one should be treated superior due to their social, economic or political
power.

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Successful prosecutions made by the International Criminal Court
The Office of the Prosecutor has made successful prosecutions as to individuals who have
been charged with violating the Rome Statute. In the Prosecutor v. Thomas Lubanga Dyilo,
the International Criminal Court found Mr. Dyilo guilty of the war crimes and conscripting of
children and using them to participate actively in hostilities. For other examples, see as
follows: the Prosecutor v. Germain Katanga, the Prosecutor v. Bosco Ntaganda, the
Prosecutor v. Callixte Mbarushimana and et cetera.
IV.

Joining the International Criminal Court would be a very intelligent and wise decision to
make
Joining the International Criminal Court would be and extremely beneficial, intelligent and
wise decision for the government of Iraq to make. It would also be beneficial to the world as
well because the terrorists and the extremists that are operating in your country are and
have targeted foreigners, as well as your own citizens. A lot of the terrorist and extremist
individuals are not being brought to justice and the International Criminal Court would be
the proper entity for such a “fair” prosecution trial to take place.
Terrorists and extremists have to be stopped and they have to be held accountable for their
actions. Please remember that the fastest and the best way for immediate action to be
taken against violators to the Rome Statute in your country is by accepting jurisdiction of
the International Criminal Court by becoming a party to the Rome Statute. Therefore I am
specifically asking the government of Iraq to officially do so. The benefits would be great if
your government decided to do so. Plus the “international community” would have “direct
evidence” and more of an assurance that the government of Iraq is doing everything that
they can do for the purpose of trying to hold “all” violators of the Rome Statute to be held
accountable for their actions. Specifically that the government of Iraq has and is
“exhausting” all of their resources for the purpose of trying to prosecute and trying to reestablish peace in the country.
Albert Einstein once said that the world will not be destroyed by those who do evil, but by
those who watch them without doing anything. Let’s help prevent that from occurring by
accepting jurisdiction of the International Criminal Court by becoming a party to the Rome
Statute. Doing so is imperative for justice, the national security of Iraq and for world peace.
Iraqi citizens have a domestic constitutional and an international right to have life, liberty
and to obtain a good quality pursuit of happiness.

V.

Acknowledgement Letter
A response to this letter would be greatly appreciated. It would be totally great if the Iraqi
government would be able send me an acknowledgement letter. You can reach me via
electronic mail at: iscampaign@usa.com. You can also reach me via mail at:

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Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161

Respectfully,
Isaiah X. Smith
Isaiah Smith Campaign
P.O Box 163411
Fort Worth, Texas, 76161
www.isaiahxsmith.com

cc:
IMFA Human Rights Department
hrdep@mofa.gov.iq
IMFA Legal Department
orgdep@mofa.gov.iq

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