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Aaron Zelinsky's "Let Iraq Play"

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

We received an excellent submission from Aaron Zelinsky, a rising 2L at Yale Law School, concerning today's IOC decision to ban Iraq from Olympic participation.

Let Iraq Play

After months of public outcry, with the Olympics mere weeks away, the International Olympic Committee (IOC) took dramatic action. Its principled stand: banning seven Iraqi athletes from the 2008 Summer Games.

The IOC ban was unnecessary, counterproductive, and hypocritical. The IOC should reverse its decision and allow Iraq's seven Olympic athletes to compete.

The IOC banned the Iraqi delegation under section 28(9) of the Olympic Charter, which authorizes sanction when ?any governmental or other body causes the activity of the [National Olympic Committee] or the making or expression of its will to be hampered.? Iraq's Olympic Crime: Prime Minister Maliki disbanded the Iraq National Olympic Committee in May and appointed an interim committee, alleging corruption and vote stealing.

The IOC ban is unnecessary. The Olympic Charter does not proscribe automatic suspension for governmental interference with a National Olympic Committee (NOC). Rather, section 28(9) declares that the IOC executive board ?may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC.? The draconian club of disqualification is one the IOC wields voluntarily.

The IOC ban is counterproductive. Banning Iraq will hardly lead to the ?protection of the Olympic Movement? in Iraq, as called for by the Olympic Charter. Rather, it will likely further discourage athletes and fans. The ban is particularly sad in light of the Cinderella-story of the 2004 Iraqi Olympic Soccer Team, which provided one of the few moments of national unity and hope during troubled times.

The IOC ban is hypocritical. The same body that proclaims the need to uphold the ?principle of not wanting sports and politics to mix? allowed Uday Hussein to serve as the head of the Iraq National Olympic Committee during his father's dictatorial reign. On Uday's teams, athletic failure -- or early retirement -- was punished with whippings and torture, despite the IOC's commitment to ?safeguarding the dignity of the individual.?

If the IOC were truly committed to individual dignity, it would allow the Iraqi athletes to compete, regardless of national bureaucratic squabbling. The IOC should reverse its unnecessary ban and let Iraq play.

Aaron Zelinsky is a member of the Yale Law School Class of 2010

Full post as published by Sports Law Blog on July 24, 2008 (boomark / email).