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The Report of the Iraq Inquiry
161.  A second order was also announced which re‑introduced the death penalty for
around 30 crimes. Most of those crimes related to actions which resulted in the death
of another person, but the list also included:
“… where there has been an armed uprising against the armed forces; where
an armed uprising aims to invade another country or seize public property; and
the distribution of narcotics with the aim of aiding those trying to overthrow the
Government by force. It also introduces a law that imposed the death penalty on
kidnappers who seek to broadcast pictures of their victims.”
162.  Mr Asquith judged that the order “reflected Allawi’s belief that the insurgents
needed to have brought home to them the consequences of their actions”.
163.  USA Today reported that in relation to the amnesty order:
“Allawi said:
“This order has been established to allow our citizens to rejoin civil society and
participate in the reconstruction of their country and the improvement of their lives,
instead of wasting their lives pointlessly towards a lost cause …
“Iraqi officials had earlier said the amnesty might extend to those who had killed US
and other coalition troops.”137
164.  FCO officials had seen a draft of the amnesty order in July at which point it covered
“both Iraqis and foreigners”.138
165.  On 9 August, Mr Asquith reported to the FCO that Prime Minister Allawi had been
“reaching out to Ba’athists inside and outside the country”.139 Some had been prepared
to talk but “there was too little time before [elections in] January to put in place a political
party that could represent them and be accepted by the rest of Iraq”.
166.  During a discussion with Sir Nigel Sheinwald on 8 September, Prime Minister
Allawi reported “variable success” on drawing people away from the insurgency.140 He
explained: “The Sunni should not feel they had lost power. Some would help to resist
radical Islamist forces if they were brought back into the fold.”
167.  When Mr Blair visited Iraq 11 days later, Prime Minister Allawi told him that he had
spoken to “a number of ex‑Ba’athists in the region – Yemen, UAE and Jordan. They
were ready to talk.”141 He hoped that a conference would be convened in Jordan to make
to make it clear that they were ready to “move on and re‑engage”.
137 USA Today, 7 August 2004, Iraq passes amnesty law for minor players in insurgency.
138 Minute Cabinet Office [junior official] to Sheinwald, 13 July 2004, ‘Iraq Strategy Group’.
139 Telegram 107 Baghdad to FCO London, 9 August 2004, ‘Iraq: Security: Prime Minister’s Views’.
140 Letter Quarrey to Owen, 9 September 2004, ‘Nigel Sheinwald’s meeting with Allawi, 8 September’.
141 Letter Sheinwald to Adams, 19 September 2004, ‘Iraq: Prime Minister’s Meeting with Prime Minister
Allawi, Sunday 19 September’.
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