From Fatwa to Formalization: The Legal and Ethical Challenges of the Popular Mobilization Forces in Iraq(مقاله علمی وزارت علوم)
منبع:
ژئوپلیتیک سال ۲۱ زمستان ۱۴۰۴ شماره ویژه
224 - 238
حوزههای تخصصی:
This paper examines the complex legal and ethical dimensions surrounding the 2014 fatwa issued by Ayatollah Ali al-Sistani, urging Iraqi citizens to fight the Islamic State of Iraq and Syria (ISIS). This religious edict triggered the formation of the Popular Mobilization Forces (PMF), a powerful and controversial coalition of Shia militias. While officially integrated into the Iraqi security forces, the PMF’s actions and loyalties have been subject to ongoing debate, raising questions about their compliance with Iraqi law and international human rights standards. The study analyzes the fatwa's compatibility with international humanitarian law and human rights principles, examining the religious authority's directives on the treatment of civilians and prisoners of war. It traces the legislative process that formally integrated the PMF into the Iraqi armed forces and assesses whether this legal framework adequately addresses the challenges posed by the PMF's diverse composition and history. Furthermore, the paper examines the ongoing role of religious authority in influencing the PMF's conduct and integration into the state’s security apparatus, highlighting the intricate interplay between religious authority, military force, and the rule of law in a conflict-ridden environment. The analysis concludes by offering a nuanced assessment of the legal and ethical implications of the fatwa and the subsequent actions of the PMF, arguing that while isolated incidents of abuse occurred, the religious authority's guidelines actively worked against the establishment of systematic human rights violations.