Abbas Anbori

In June 2014, Ayatollah Ali Al-Sistani issued a fatwa mandating Iraqis to volunteer in the security forces to fight against ISIS. Consequently, the Popular Mobilization Forces (PMF), otherwise called Alhashd Alshabi, were formed primarily from these volunteers, most of whom were Shias. In December 2016, the Iraqi Parliament issued a law that granted full legal status to the PMF. However, the PMF continued to face accusations of disobedience to the laws of the Iraqi state and the orders of the Commander-in-Chief of the Iraqi Armed Forces, raising concerns about its impact on the state's stability. This article aims to examine the nature of some PMF violations of the rule of law, explore the root causes of this phenomenon, and assess the possibility of eliminating or mitigating it. It argues that this phenomenon has social, historical, and religious origins tied to the relationship between the Shia in Iraq and the state. In particular, the internal divisions within the PMF stem from differences in perspectives regarding the rule of law. Thus, the article suggests that addressing this problem requires a long-term strategy beyond mere legal transformations. The article adopts a qualitative approach, which relies on the collection and analysis of data from the literature.

This paper examines the complex legal and ethical dimensions surrounding the 2014 fatwa issued by Ayatollah Ali al-Sistani, urging Iraqi citizens to fight the Islamic State of Iraq and Syria (ISIS). This religious edict triggered the formation of the Popular Mobilization Forces (PMF), a powerful and controversial coalition of Shia militias. While officially integrated into the Iraqi security forces, the PMF’s actions and loyalties have been subject to ongoing debate, raising questions about their compliance with Iraqi law and international human rights standards. The study analyzes the fatwa's compatibility with international humanitarian law and human rights principles, examining the religious authority's directives on the treatment of civilians and prisoners of war. It traces the legislative process that formally integrated the PMF into the Iraqi armed forces and assesses whether this legal framework adequately addresses the challenges posed by the PMF's diverse composition and history. Furthermore, the paper examines the ongoing role of religious authority in influencing the PMF's conduct and integration into the state’s security apparatus, highlighting the intricate interplay between religious authority, military force, and the rule of law in a conflict-ridden environment. The analysis concludes by offering a nuanced assessment of the legal and ethical implications of the fatwa and the subsequent actions of the PMF, arguing that while isolated incidents of abuse occurred, the religious authority's guidelines actively worked against the establishment of systematic human rights violations.