Hospitals & Asylums    





Iraqi Sovereignty HA-28-6-05




Abraham Sanders HAND




(1)   Sanders, Abraham. 4th Draft Permanent Constitution: New Iraq Constitutional Elections (NICE). 100 Articles.  Pp. 33

(2)   Afghanistan & Iraq v. USA. Application of Article 118 of the Third Geneva Convention HA-2-11-04. Pp. 41. Ghraib.doc 

(3)   Secretary Sanders. Hospitals & Asylums. Iraqi History: Sovereignty. HA-28-6-04. Pp.  163  

(4)   Hospitals & Asylums. Chapter One: Humanitarian Missions of the Military Department (MD). Pp. 31

(5)   Hospitals & Asylums. Chapter Five: International Development (ID) Article 11 and Section 245(b). Pp. 225-351 


In partial fulfillment of the uncompensated obligation to summarize Hospitals & Asylums Iraq treaties before this final term of the English Draft Constitution concludes on the author’s 31st  birthday on 11 August, four days before the Iraqi National Council shall approve of their draft Constitution on 15 August for a referendum of the Iraqi people no later than 15 October 2005. 


The new web site for the Government of Iraq, in English, although widely under construction, is a great achievement in the struggle for independence and sovereignty in post Saddam Hussein Iraq.   The will of the people can now be expressed in writing by the partially popularly elected government to the United Nations.  The Law of Administration for the State of Iraq in the Transitional Period (TAL) 8 March 2004 sets forth the Supreme Law governing the transition from Interim Government beginning on the date of Iraqi Sovereignty 28 June 2004 to the date of Iraqi Elections which installed the Transitional Government 30 January 2005 according to the Annex, the final Act of the Governing Council, and the Independent Electoral Commission of Iraq (IECI) to the drafting and ratification of the Constitution and election of the Permanent Government.   Art. 24 of the TAL establishes, (1) the Iraqi Transitional Government, which is also referred to in this Law as the federal government, shall consist of the National Assembly; the Presidency Council; the Council of Ministers, including the Prime Minister; and the judicial authority. (2) The three authorities, legislative, executive, and judicial, shall be separate and independent of one another. (3) No official or employee of the Iraqi Transitional Government shall enjoy immunity for criminal acts committed while in office. Art. 61 of the TAL direct that the National Assembly shall write the draft of the permanent constitution by no later than 15 August 2005. The draft permanent constitution shall be presented to the Iraqi people for approval in a general referendum to be held no later than 15 October 2005.  Elections for a permanent government shall be held no later than 15 December 2005 and the new government shall assume office no later than 31 December 2005. If necessary, the president of the National Assembly, with the agreement of a majority of the members' votes, may certify to the Presidency Council no later than 1 August 2005 that there is a need for additional time to complete the writing of the draft constitution.  If the referendum approves the draft Constitution elections shall be held for the government.  If the referendum rejects the Constitution or it is not written, the National Assembly will be dissolved and new elections be held for them in December.


The UN has closely followed the Transition of the Government from Interim to the Permanent and greatly aided in the Interim government in the formulation of its policy, direction and timetable.  Secretary General Report pursuant to par. 24 of Security Council Res. 1483 (2003), S/2003/1149 of 5 December 2003 records the formation of the Iraqi Governing Council on 13 July offered the potential to provide a credible and representative Iraqi interlocutor with which the United Nations could develop a comprehensive program of action across a broad spectrum of activities, including in support of the political transition process. The Governing Council sent a delegation to the meeting of the Security Council on Iraq on 22 July 2003. On 29 July 2003 the Governing Council appointed a nine-member rotational leadership committee from among its 25 members, and on 11 August the Governing Council formed a 25-member constitutional preparatory committee. On 14 August, in paragraph 1 of its resolution 1500 (2003), the Security Council welcomed “the broadly representative Governing Council ... as an important step towards the formation by the people of Iraq of an internationally recognized, representative government that will exercise the sovereignty of Iraq”.  To support this system, WFP has delivered, since the start of its operation in April, more than 2 million metric tons of food commodities to Ministry of Trade warehouses around the country, providing enough food assistance for the entire population of Iraq.  . On 23 October 2003 the International Donors Conference for the Reconstruction of Iraq in Madrid. The key document before the Conference was the consolidated needs assessment report prepared jointly by the United Nations Development Group (UNDG) and the World Bank, with assistance from the International Monetary Fund (IMF).  Representatives attended the Madrid conference from 73 countries and 20 international organizations. At the end of the Conference, participants announced overall pledges amounting to more than $33 billion in grants and loans until the end of 2007, including $20 billion from the United States of America, $5.5 billion from the World Bank and the IMF and $5 billion from Japan.  It was the largest single settlement in international history.  The Trust fund is determined to invest in technology. Operative paragraph 7 of resolution 1511 (2003) had requested be submitted for its review no later than 15 December 2003, a course of action to restore full responsibility for governing Iraq to the people of Iraq by 1 July 2004. On 8 June 2004, the Security Council unanimously adopted resolution 1546 (2004), by which it endorsed the proposed timetable for Iraqi political transition, including the formation of a sovereign Interim Government of Iraq by 30 June 2004 and the convening of a national conference. The Council also endorsed the holding no later than 31 January 2005 of direct democratic elections for a Transitional National Assembly, which would have responsibility, inter alia, for forming a Transitional Government and for drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 December 2005.  The Report of the Secretary General directs the constitutional preparatory committee, which had been formed on 11 August, to reach conclusions with respect to options for the drafting and adoption of a new constitution for Iraq. In its report submitted to the Governing Council on 30 September, the committee recommended that the new Iraqi constitution be drafted by a directly elected body (constitutional conference) and that, thereafter, the draft constitution be voted on by the population as a whole through a general referendum. A constitution should embody the core principles of a nation, including the extent and manner of the exercise of its sovereign powers. It follows that it must be wholly produced and owned by the people of Iraq. The document should take into consideration the views and aspirations of all Iraqis on relevant issues, including the structure of Iraqi Government, the role of religion and the articulation of a set of fundamental rights and principles by which Iraqis wish to be governed.


Hummam Hammoudi, heads the Iraqi National Council (INC) committee charged with drafting a new constitution. This summary and attachments should be forwarded to Mr. Hammoudi and the constitutional council so that the author can participate in the drafting process in the English language.  The success of the constitution determines whether the National Council or government shall be dissolved in new elections that will be held before 15 December 2005.  The experience of the Treaty Establishing a Constitution for Europe Official Journal C 169 of 18 July 2003 in France and the Netherlands where it was rejected this 2005, indicates that it will be a difficult task to satisfy the public’s demands for a constitution, in the revolutionary new procedure for asking the people whether or not they like the Constitution.  To save their jobs INC will need to draft an exemplary Permanent Constitution by 15 August and must convince the public through mass mailings, website, public opinion polls and amendments the value of the new constitution.  The preeminent arguments for the Constitution are that it will establish Iraq under a permanent rule of constitutional law that it has not enjoyed since the Constitution of the Kingdom of Iraq and will be the first constitution that incorporates democratic electoral principles.  The arguments against are primarily that the people do not wish to permanently subjugated to an imperfect document.  As the constitutional lawyer who drafted the first 100 Article long English Draft Permanent Constitution of Iraq, titled, New Iraq Constitutional Elections (NICE), for the Summer Solstice of 2003, now in its fourth and final draft ending on my birthday 11 August 2005 before the Constitutional Committee makes its final amendments to whatever Draft they use as the official.  I strongly support the drafting and approval by referendum of a Permanent Constitution as long as the final document upholds the basic rights and responsibilities of the people and State better than the TAL.  To address the labor crisis of a 70% unemployment rate today, the right to work in Art. 34 has been changed to a “duty to work”.  Art. 48 that sets forth for a duty to social security and welfare was initially changed to a right before being retained as an obligation, a duty, to the poor that the State and international community must fulfill.  To make progress Art. 31 has been amended from a right to progress to a “right to intellectual property”.   I pray the Constitutional Committee will link to this NICE Hospitals & Asylums Draft Constitution with the other Drafts and essays in the web page of proceedings by the founding fathers and mothers who aided in the formulation of the Draft Permanent Constitution of Iraq to express their identity to the English speaking community by linking to an INC website page regarding the Constitutional Committee, without further ado, as the writer not only owns the copyright to the Draft Constitution but gives it freely, with every intention of getting paid by the Constitutional Committee, to the Iraqi people. 


On Tuesday 28 June 2005 Frank Griffiths of the Associated Press wrote an article titled, “US plans bigger prisons in Iraq.” The US military said Monday 27 June 2005 that it plans to expand its prisons across Iraq to hold as many as 16,000 detainees, as the relentless insurgency shows no signs of letting up one year after the transfer of sovereignty to Iraqi authorities.  The prison population at three military complexes throughout the country – Abu Ghraib, Camp Bucca and Camp Cropper – has almost doubled from 5,435 in June 2004 to 10,002 now, said Lt. Col. Guy Rudisill, a spokesman for detainee operations in Iraq.  About 400 non-Iraqis are among the inmates, according to the military.  “We are past the normal capacity for both Abu Ghraib and Camp Bucca.  We are at surge capacity.  We are not at normal capacity at Camp Cropper.”  The burgeoning prison population has forced the US military to begin renovations on existing buildings, and work has also begun on restoring an old Iraqi military barracks near Sulaimaniyah, 160 miles northest of Baghdad.  The prison, to be called Fort Suse, is expected to be completed b y Sept. 30 an dwill have room for 2,000 new detainees.  All renovations should be done by Febrruary and are expected to make room for 16,000 detainees in Iraq.  Two weeks ago, the military completede a new 400 detainee compound in Abu Ghraib, which the US government sought to tear down after it became a symbol of an abuse scandal.  A new compound of the same size should be finished by the end of Juyly at Abu Ghraib.  Rudisill attributed the rise in the number of prisoners to, “successful ongoing military operations against the insurgency and terrorists.”  Some of the numbers at the one year mark since the US handover of sovereignty in Iraq as reported by the Associated Press and the Brookings Institution, both of the USA are as follows...


-         890 American military personnel killed (June 28, 2004 – June 27, 2005)

-         1,740 Total US military deaths since March 20, 2003 when the war began.

-         12,000 Iraqi civilians killed (March 20, 2003 - June 2, 2005) According to Iraqi Interior Ministry the real number including alleged combatants is estimated at 100,000.

-         16,000 Estimated number of insurgents as of May 2005.

-         484 Car bombings (June 28, 2004 – June 27, 2005)

-         2,221 Deaths from those car bombings in the past year.

-         5,574 people wounded in car bombings in the past year.

-         52 assassinations of Iraqi government, legal or religious officials (April 27, 2005 – June 27, 2005)

-         200 Non Iraqis taken hostage (March 20, 2003 – June 27, 2005)

-         14 Americans taken hostage (March 20, 2004 – June 27, 2005)

-         4 Known American deaths among those taken hostage, as of June 27, 2005

-         20 Fatal helicopter crashes (March 20, 2003 – June 27, 2005)

The vast weight of the history of Iraq HA-28-6-04 passionately pleads for Saddam Husseins life and liberty in Section 3 to break with the bloody history enumerated in the War History & Operations of Section 10.  The Application for an Advisory Opinion Regarding Article 118 of the Third Geneva Convention of Afghanistan (Afghanistan & Iraq v. United States of America) HA-2-11-04 requires the USA to release and repatriate all prisoners of war as hostilities have officially ceased, clean the Cabinet of genocidal officials and settle Afghanistan equal with Iraq at a rate of $5 billion a quarter, with greater respect for the protection of national employment and tax interests.  The end of Chapter One: Humanitarian Missions of the Military Departments (MD) supports House Continuing Resolution 35, authored by Representative Lynn Woolsey. H. Con. Resolution 35 calls for Bush and Congress to: (1) Develop and implement a plan to begin the immediate withdrawal of U.S. armed forces from Iraq; (2) Develop and implement a plan for reconstructing Iraq's civil and economic infrastructure; (3) Convene an emergency meeting of Iraq's leadership, Iraq's neighbors, the United Nations, and the Arab League to create an international peacekeeping force in Iraq and to replace U.S. armed forces, and (4) Provide the Iraqi people the opportunity to completely control their internal affairs.  It is particularly important to forfeit the prisoner of war camps as the war crimes enumerated in Chapter 2 of the Rome Statute of the International Criminal Court Art. 8(2) (v) that criminalizes, “Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power” and the insurgency is obviously a large part a figment of the imagination of the American torturers, their litigants and their “President Saddam Hussein” who remains unconvinced of his right to life and liberty.  Art. 11 of Chapter 5: International Development (ID) relies on the 10th Summit of the Organization of Islamic Conferences the Conference and Section 245(b) to require the rapid withdrawal of foreign forces and the restoration of Iraq’s sovereignty, independence and freedom as soon as possible and in Section 241d calls upon the US to retire 50% of their troops for parity between US and Iraqi troops for starters before successfully completing a full withdrawal, the US policy must be for immediate reductions of troops in both Afghanistan and Iraq with the intention to fully withdraw in co-operation with the official native governments as recognized by the United Nations.   Whereas the death penalty has been abolished in Art. 25(e) of NICE the opinion polls of the Iraqi Election Commission are sought to determine the will of the Iraqi people in regards to,

“How long should Saddam Hussein be sentenced from time served (  ) to life in prison (  ) pick one or write in number of years _____?”     


Certificate of Service: Abraham Sanders,,,,,,,