Shafaq News/ A
persistent mix of legal peril and tribal retaliation has forced many Iraqis to
think twice—or walk away entirely—when faced with accident victims in need,
leaving some to bleed to death on the roadside.
The widespread
reluctance to intervene in emergencies has persisted for years and continues to
claim lives. In response, the Iraqi Parliament began drafting the
"Volunteer Rescuer Protection Law" in 2018, aimed at removing
criminal liability for those who offer emergency assistance.
Despite its urgency,
the bill stalled amid political hurdles. It was eventually shelved, before
being reactivated and approved by the Iraqi Cabinet during its 17th regular
session, following a legal review by the State Council. The draft law has now
been returned to Parliament for the completion of legislative procedures.
Critical Law
Described by
lawmakers as one of Iraq’s most critical health-related pieces of legislation,
the law is intended to “safeguard human life,” said Wafaa Al-Shammari, a member
of Parliament’s Health Committee.
Speaking to Shafaq
News Agency, Al-Shammari stressed the committee's full support and
determination to pass the law in the current parliamentary session.
Al-Shammari also
pointed out that anyone could be involved in an accident, and the absence of a
responder can mean the difference between life and death.
However, she noted
that “the real impetus behind the law is the growing phenomenon where
individuals transporting victims to hospitals are subjected to legal
questioning or tribal pressure from victims’ families.”
The draft law remains
under study. A first reading is scheduled, to be followed by revisions and a
second reading, before it can be finalized and voted into law.
According to the
Strategic Center for Human Rights in Iraq, 2023 saw 12,000 traffic accidents.
In the first half of 2024 alone, 3000 accidents were recorded. The center
reports that collisions accounted for 57% of incidents, while pedestrian-related
accidents represented over 32%. In terms of casualties, 3,021 people died and
12,314 were injured in 2023, while 2024 has already seen 1,000 deaths and 4,360
injuries.
Protecting Rescuers
Khaldoun Al-Saab,
founder of the Immediate Volunteer Rescue Group, told Shafaq News Agency that
public hesitancy to intervene has recurred in many incidents.
He emphasized the
urgent need for a law to provide legal backing for volunteer rescuers,
especially given Iraq's high daily accident rate that requires swift,
lifesaving intervention.
“Many citizens avoid
helping for fear of legal or tribal consequences,” Al-Saab said. “If this law
is passed, it would offer them protection and encourage more people to step in
and save lives.”
9 Articles Only?
Lawyer Waleed
Al-Shibli, speaking to Shafaq News, said the draft law consists of just nine
articles. The preamble emphasizes the need to protect volunteers, rescuers, and
whistleblowers from prosecution, provided they intend to save a life.
Al-Shibli cited the
widespread tribal threats against helpers—even when their actions stem from
good intentions—as a key reason for the legislation.
“Too many victims
have bled to death in full view of people capable of saving them,” he said.
Under the draft, any
threat against a volunteer rescuer, regardless of the eventual outcome for the
injured party, is considered a crime. Article 4 stipulates temporary
imprisonment for anyone who threatens, hints at, or initiates tribal
retaliation against a volunteer.
Still, Al-Shibli
argued that the provisions could have been incorporated as amendments to
Article 370 of Iraq’s Penal Code rather than forming a standalone law.
He also suggested the
law should define tribal threats as “acts of terrorism,” similar to the legal
treatment of tribal assaults.
Crucially, Al-Shibli
criticized the bill’s definition of a volunteer rescuer as someone with
professional qualifications.
He argued this narrow
scope overlooks many ordinary citizens who possess basic medical knowledge or
first-aid training, calling for a more inclusive legal definition to ensure
wider protection.