Monday 22 May 2017

Protected Persons Status under the 4th Geneva Convention


After an extensive 16-month investigation of every member of the PMOI in Camp Ashraf by seven different US government agencies that began after the US agreement, PMOI members were found not to have violated any US law [New York Times, July 27, 2004]. In addition, the US Government declared them to have been "non-combatants" during the 2003 war.
In 2004 the US led Multi-National Force - Iraq (MNF-I) formally recognized all the residents of Camp Ashraf as "Protected Persons" under the Fourth Geneva Convention [Coalition Statement, July 2004], and U.S. forces took up their protection.
The MNF-I reiterated its obligations towards Ashraf residents under the 4th Geneva Convention on numerous occasions. This can be seen in a February 16, 2006 letter by the then-Deputy Commanding General, and it is also specified in the October 7, 2005, letter by Maj. Gen. William Brandenburg which says: "The residents of Camp Ashraf have the right to protection from danger, violence, coercion, and intimidation, and to special protection for the dignity and rights of women."
In January 2009, despite strong opposition by the residents and several legal opinions by distinguished jurists, the camp's security was transferred to Iraq without necessary credible guarantees. The US stated that the Government of Iraq had given written guarantee respecting the rights of the residents

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