Iraq’s Kadhimi should remember: Democrats don’t sue journalists

While
Americans debate the wisdom and legacy of the Iraq War, Iraqis broadly embrace
democracy. Iraqi government formation may be messy, but it is unlike the
process in any other Arab country. Iraq has more retired prime ministers today
than many Gulf countries have had leaders since their independence. Iraqi
politicians may play procedural games, but they do not fight in the streets.
Nor does any party expect to leverage a win into permanent control. The 2019
protest movement continues to loom large as politicians
recognize the unsustainability of business as usual.

It is easy for politicians to get frustrated, however. Little moves quickly in Iraq. Bureaucratic machinations can stymie even the most patient. While there is remarkably little violence among politicians, the militias — some of whom outside powers like Iran support — target allies and aides and, in Kadhimi’s case, even the prime minister himself. The personal cost is significant. All the impediments they face can accelerate frustration among those who truly seek a better Iraq rather than just seek to loot its treasury.

Iraqi Prime Minister Mustafa al-Kadhimi speaks during a meeting with security leaders, in Basra, Iraq August 22, 2020. Iraqi Prime Minister Media Office/Handout via REUTERS

Prime
Minister Mustafa Kadhimi is reasonably frustrated. While many Iraqi leaders
enter office with a weak hand, they at least have party support. Kadhimi had
none. A former journalist and human rights activist, Kadhimi neither won an election
nor had the support of a party machine. Rather, he became a caretaker after
Adil Abdul-Mahdi resigned his premiership against the backdrop of illegal
efforts to crush protestors. Kadhimi might have leveraged the protestors’
demands to his advantage but missed the moment as caution and ambition overtook
his chance to shape a historic legacy.

Unfortunately, this frustration increasing manifests in either hostility toward the press or efforts to control it. Kadhimi may enjoy a reputation as a pro-Western liberal in Washington, but it is increasingly hard to square this with his targeting of journalists. Using the Baathist-era Law No. 111 (1969) which states, in part, “Any person who defames another is punishable by detention plus a fine or by one of those penalties. If such defamation is published in a newspaper or publication or other press medium it is considered an aggravating circumstance,” the Legal Department at the Council of Ministers-General Secretariat has filed approximately 60 lawsuits against journalists and other critics. In just the last week, Jabbar Judi, the head of the Artists’ Syndicate, announced that the prime minister had filed a lawsuit against him for criticism. So too did an Iraq High Commission for Human Rights member sued after he reported the results of a torture investigation.

Slander is rife in Iraq. Not all journalists are professional. Some allow political motivations to shape their reporting. Nevertheless, it is a tremendously bad look for a prime minister seeking to retain his position to go after critics with more enthusiasm than he does militia leaders. To compete in the Iraqi political sphere, Kadhimi needs a thick skin. Liberals should lead by example. A human rights activist who began his career chronicling Baathist abuses should not utilize Saddam-era laws to harass critics. Simply put, democrats do not sue journalists.

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