The West Attacks Iraq After Criminalizing Homosexuality: Will It Return to International Isolation?

A sharp wave of Western outrage has been provoked by Iraq's legislation criminalizing prostitution and homosexuality, even leading to threats of withdrawal by foreign investment companies, raising significant questions about Baghdad's future relations with the United States, Britain, and European Union countries.

On April 27, 2024, with 170 out of 329 deputies present, the Iraqi Parliament passed a law criminalizing "prostitution and homosexuality," punishable by up to 15 years in prison, after its initial version included the death penalty before amendments were made.

A statement from the parliament emphasized the new law was necessary to protect societal values and safeguard children from moral degradation and sexual deviation seen worldwide. It aims to provide legal measures to deter such acts and those who promote them.

Intense Pressure

In response, U.S. State Department spokesman Matthew Miller stated on April 27, that the United States is deeply concerned about the Iraqi Parliament's approval of amendments to existing legislation, formally known as the Anti-Prostitution and Homosexuality Law, which threatens human rights and fundamental freedoms protected by the constitution.

He added that the law prohibits homosexual relations with heavy fines and imprisonment, as well as punishment for those who promote it, limiting the rights of some individuals in a society that undermines rights for all.

Miller pointed out that the amendment threatens the most vulnerable groups in Iraqi society and can be used to obstruct freedom of opinion and expression as well as prevent the work of non-governmental organizations throughout Iraq, weakening Iraq's ability to diversify its economy and attract foreign investment.

“Respecting human rights and promoting political and economic integration is necessary for Iraq's security, stability, and prosperity. This legislation contradicts these values and undermines the political and economic reform efforts of the government,” he further stated.

Secretary of State for Foreign, Commonwealth and Development Affairs of the United Kingdom David Cameron, posted on X platform on April 27 that amendments to the Iraqi anti-prostitution law, which criminalizes homosexuals, are dangerous and concerning.

He added that no one should be targeted because of their identity, and “we encourage” the Iraqi government to support human rights and freedoms for all people without discrimination.

Similarly, Amnesty International criticized in a statement to Agence-France Presse (AFP) on April 28 the violation of fundamental human rights, claiming that the amendments pose a danger to Iraqis who are already subject to harassment on a daily basis in a country where sexual minorities lead hidden lives.

In the same context, Iraqi Parliament member Mustafa Sanad revealed what he described as "tremendous pressures" exerted by the embassies of 16 European countries along with the U.S. Embassy to obstruct the passage of what he called the "Anti-Prostitution and Homosexuality Law."

He mentioned in a post on X on April 27 that the pressure on the Iraqi legislature and Iraqi leadership, for the purpose of not legislating the first amendment to the Anti-Prostitution and Homosexuality Law.

He added, “It was to the extent that the law was withdrawn from the agenda, and the vote on it was delayed by Parliament due to the visit of Iraqi Prime Minister [Mohammed Shia’ Al-Sudani] to Washington, fearing disruption of the visit schedule.”

The Iraqi deputy further stated that "the vote on the amendment was passed by Parliament, which is credited to the influential parliamentary lobby, and to the President (Deputy Speaker of Parliament who presides over sessions on behalf) Muhsin Al-Mandalawi's courage to make the decision."

Isolation Unlikely

Regarding the impact of the law on Iraq's relations with the West, Iraqi political and legal expert Ali al-Tamimi stated, "The law was voted on by Parliament, the country's sole legislative body, and will become effective upon its transmission to the President and publication in the Official Gazette."

Al-Tamimi explained to Al-Estiklal that "Iraq is an independent country and a member of the United Nations, thus it has full sovereignty and can enact laws it deems appropriate. The country's political system is parliamentary, so what the latter legislates is respected and implemented by the government."

"Similarly, the country's official religion according to the constitution is Islam, and there are Quranic verses prohibiting such acts that the law criminalizes. Therefore, it is consistent with the principles and values of Islam and the prevailing public order."

Al-Tamimi believed that "Western interventions are futile under international law, in accordance with the provisions of the United Nations Charter, which emphasize the independence and sovereignty of states and prohibit any state from interfering in the affairs of other states."

"The current law is an internal matter for Iraq, and Iraqi authorities have the right to lodge complaints against any foreign interference. If an embassy interferes, it can expel the ambassador based on the Vienna Convention on Diplomatic Relations of 1961. These are tools in the hands of the Iraqi Parliament and government."

He emphasized that "the law will not lead to international isolation for Iraq but will make it more open to the world because countries that respect their beliefs and religions are respected by others. Especially since Iraq has not intervened in the affairs of Western countries, until these countries interfere in its internal affairs and legislation."

Al-Tamimi emphasized that "threatening to withdraw investments from Iraq won't have an impact on the country, as relationships and mutual respect aren't solely reliant on investments, but rather on upholding values, principles, and refraining from meddling in others' affairs."

On the other hand, Iraq's Ambassador to Britain, Jaafar al-Sadr, responded to statements by the British Foreign Secretary, saying, "You should be concerned about genocide and human rights violations in Gaza, the real danger of spreading what contradicts human nature and all laws and religions. Please keep your advice, as we are a people with thousands of years of civilization and humanity."

Tools of Destruction

Similarly, Iraqi legal expert Adnan al-Sharifi said, during an interview with al-Aalem Aal-Jadeed, that “the previous anti-prostitution law covered a large part of these crimes, but what was new in this law were some issues, including the process of homosexuality or homosexuality, wife swapping, and transvestism.”

Al-Sharifi agrees that “there is a need to pass such a law because society is in dire need of it and there is a major collapse in the moral system after social media sites have turned into shovels for destroying families.”

However, the legal expert notes two observations on the law, with regard to “sex change, as the House of Representatives was not successful in this vision, especially since the jurists, Sunnis and Shiites, permitted this process and the Constitution believes that any law that violates the principles of Islam violates the Constitution,” according to Al-Sharifi.

Al-Sharifi also refers to the term effeminacy, the perpetrator of which the law punishes, and points out that “there is a flaw in the definition regarding effeminacy, as the definition contains a broad meaning that can be attached to any person who wears something different and has a certain appearance,” pointing out that “the law exposes for a male who imitates a female, and is not exposed to a woman if she practices masculinity, even though the law claims to preserve the constants in society’s values.”

The law imposes imprisonment for a term not less than one year and not exceeding three years or a fine ranging from 5 to 10 million dinars for anyone engaging in the act of effeminacy, which the law defines as "any deliberate practice to resemble women."

On April 15, Reuters quoted diplomats from three Western countries as saying they pressured the Iraqi authorities not to pass the draft law due to concerns about human rights and because it would make working with Iraq politically difficult, as the country seeks to alleviate its international isolation after years of turmoil.

A senior diplomat, requesting anonymity due to the sensitivity of the matter, told Reuters that it would be extremely difficult to justify close cooperation with a country like this in Iraq, noting that they were very frank. If this law is passed in its current form, it will have disastrous consequences for Iraqi bilateral and trade relations.

More than 60 countries criminalize homosexuality, while these practices are legal in over 130 countries, according to Data Atlas of the World.

When Uganda passed a law in May 2023 that included the death penalty for some homosexual acts, the World Bank suspended new loans to the East African state, and the United States imposed visa and travel restrictions on Ugandan officials.