`Ali Hassan al-Majid and the Basra Massacre of 1999

[1] A copy of this list is attached as Appendix to this report.

[2] At the time of these events, crimes against humanity were being prosecuted before the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Crimes against humanity are any of the following crimes when committed as part of a widespread or systematic attack directed against any civilian population: murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; and other inhumane acts. See Statute of the International Criminal Tribunal for the former Yugoslavia, S.C. Res. 827, U.N. Doc. S/Res/827 (1993, as amended (found at http.//www.un.org/icty/legaldoc/index.htm), Art. 5, and Statute of the International Criminal Court for Rwanda, S.C. Res. 955, U.N. Doc. S/Res/955 (1994), as amended (found at http://www.ictr.org/ENGLISH/basicdocs/statute.htm), Art. 3. An "attack" against a civilian population need not be part of armed conflict. See, e.g. Prosecutor v. Akayesu, Case No.ICTR-96-4-T (Trial Chamber) September 2, 1998 para 581.

[3] Sameer Yacoub, "Iraqi Judges Interrogate Saddam's Aides," Associated Press, December 18, 2004; John F. Burns, "Iraqi Judge Questions Aides of Hussein With Lawyers," New York Times, December 19, 2004, p. 18.

[4] Interview, Sayyid Hassan al-Haidar (his real name), al-Jumhuriyya mosque, April 24, 2003.

[5] The term "martyrs" here most likely refers to members of the Ba`th Party who were killed during the uprising.

[6]See, for instance, Republic of Iraq Radio [via BBC Monitoring Service], "Commander of southern region informs Saddam of bringing down of plane," Dec. 30, 1998 (text of official communiqu in which al-Majid signed his name as "Commander of the Southern Sector").

[7]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[8] Human Rights Watch interview with Haidar al-Hassan, May 13, 2003, Basra, al-Jumhuriyya mosque.

[9]Based on a visit by Physicians for Human Rights to Basra, June 2, 2003.

[10]Jawad Kadhim `Ali requested that Human Rights Watch use his and his family members' real names.

[11]See Faleh A. Jabbar, The Shi`a Movement in Iraq,(London, Al-Saqi, 2003).

[12] The title of Ayatollah ("Sign of God") denotes that the bearer has achieved the highest degree of scholastic learnedness in matters of theology in Shi`a Islam.

[13] For instance, in the densely populated neighborhood built after the 1958 revolution, initially known as Madinat al-Thawra (City of the Revolution), renamed Madinat Saddam by the government in 1982, and known since the fall of the government as Madinat al-Sadr.

[14] Human Rights Watch, World Report 2000, p. 359.

[15] "Iraqi Forces Clash with Shiites," Associated Press, March 20, 1999.

[16]Human Rights Watch interview with Hussain, May 9, 2003, Basra, Tanuma neighborhood.

[17]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[18] Human Rights Watch interview with Nasir, May 10, 2003, Basra, Tanuma neighborhood.

[19]Ibid.

[20]Ibid.

[21]Ibid.

[22] Human Rights Watch interview with Mahmud, May 10, 2003, Basra, Tanuma neighborhood.

[23] Human Rights Watch interview with Sayyid Haidar Hassan, May 13, 2003, Basra, al-Jumhuriyya mosque.

[24] Human Rights Watch interview with Abdullah, May 9, 2003, Basra, Tanuma neighborhood.

[25] Human Rights Watch interview with Ahmad, May 14, 2003, Basra, al-Toba, al-Anfal Company.

[26] Human Rights Watch interview with Sattar, April 25, 2003, Basra, al-Zubair.

[27] Contemporary statements from the Iraqi Communist Party identified al-Birgisia as the location of a mass execution and burials.See, "Iraqi Opposition Says Mass Grave Found in Desert," Associated Press,September, 27, 1999, citing a press release by the Iraqi Communist Party.

[28] Marc Santora, "Mass Grave is Unearthed Near Basra," The New York Times, May 11, 2003.

[29] Human Rights Watch interview with Ibrahim, May 14, 2003, Basra, al-Jumhuriyya mosque.

[30] Human Rights Watch interview with `Issa, May 10, 2003, Basra, Tanuma neighborhood. Zia and Majid are pseudonyms; their real names are among those on the Execution List reproduced in the Appendix to this report.

[31] Ali and Hassan are pseudonyms; their real names are among those on the Execution List reproduced in the Appendix to this report.

[32] Human Rights Watch interview, May 10, 2003, Basra, Tanuma neighborhood.

[33] Human Rights Watch interview with Hussain May 9, 2003, Basra, Tanuma neighborhood.

[34]Ibid.

[35]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[36]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[37]Human Rights Watch interview with Nasir, May 7, 2003.

[38] Human Rights Watch interview with Ibrahim, May 10, 2003, Basra, Tanuma neighborhood.

[39]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[40] Human Rights Watch interview with Nasir, May 7, 2003, Basra.

[41] Human Rights Watch interview with Haidar al-Hassan, May 13, 2003, Basra, al-Jumhuriyya mosque.

[42] Human Rights Watch interview with Nasir, May 10, 2003, Basra, Tanuma neighborhood.

[43]Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[44] Human Rights Watch interview, Nasir, May 10, 2003, Basra, Tanuma neighborhood.

[45] Human Rights Watch interview, May 8, 2003, Basra, Tanuma neighborhood.

[46] Physicians for Human Rights, "Southern Iraq:Reports of Human Rights Abuses and Views on Justice, Reconstruction and Government," September 18, 2003, pp.6-7.

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