In the early 1990s, at the United Nations, the Iraqi delegation cited religion at the time as their reasoning for opposing efforts to have the international body support LGBT rights, challenging the widely held view of Saddam as a secularist. Sodomy was re-criminalized by a 1988 resolution, but only when it involved prostitution.
In addition to the Criminal Code, the Ba'athist regime would issue additional resolutions on specific topics. Homosexuality per se was not a crime, but could be justification for government discrimination and harassment under laws designed to protect national security and public morality.
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The Criminal Code of 1969, enacted by the Ba'athist party, only criminalized sexual behavior in cases of adultery, incest, rape, prostitution, public acts or cases involving fraud or someone unable to give consent due to age or mental defect. The ban was initially maintained when Iraq achieved its Independence in 1932. Iraq was given a ban on homosexuality, defined in the penal code as sodomy, while under British rule. Kingdom of Iraq under British administration If a seignior lay with his neighbor, when they have prosecuted him (and) convicted him, they shall lie with him (and) turn him into a eunuch. It speaks of a "seignior" ( high social figure in the community) and his "neighbor" (someone of equal social status): Ī particular Middle Assyrian Law Code from Assur, dating from 1,075 BC, condemns homosexual rape or forced sex. Nevertheless, a man taking the submissive role was perceived negatively in ancient Mesopotamia.
A man had the rights to visit any gay prostitute or sleep with another man, just as long as false rumors or rape were not involved. In the ancient Assyrian society, the Almanac of Incantations featured prayers praising the equality of love between heterosexual and gay male couples. If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers. The Šumma ālu, an Akkadian tablet, includes this code, where it regards male homosexuality in a positive light: LGBT history in Iraq and legality of same-sex sexual acts Ancient Mesopotamia
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