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10 May 2018
Prosecution of captured ISIS officials must adhere to international standards
FOR IMMEDIATE RELEASE – May 10, 2018
[New York] – In light of the capture of five senior ISIS officials on Wednesday, the Global Justice Center underscores the need for scrupulous adherence to international standards as they are brought to justice. The New York Times reports that, “It was unclear where [the officials] were being held or whether they had been given access to a lawyer,” raising serious due process concerns. This approach is familiar in Iraq, where terrorism prosecutions for ISIS suspects occur in mere minutes, focus solely on crimes of terrorism, and have thus far denied justice to the victims of some of ISIS’ worst abuses—women and girls.
Reports indicate that at least a few of the officials captured on Wednesday held senior administrative and religious positions within ISIS, in departments that were often integral to the execution of ISIS's genocidal strategies, including the sexual enslavement of Yazidi women and girls. The gender dynamics central to ISIS’ violence demand that gender also be at the center of accountability. Accordingly, it is essential that these suspects should be investigated and prosecuted for crimes beyond terrorism, including genocide, sexual slavery and rape. The capture and prosecution of ISIS fighters is essential to ensuring accountability for the horrors ISIS inflicted in Iraq and Syria, but in order for such accountability to be meaningful, the processes must adhere to human rights standards and ensure justice for victims.
For more information about gender justice for ISIS’ sexual and gender based violence, see the Global Justice Center’s recent analysis of Iraq’s criminal laws.
For more information contact:
Liz Olson (New York), Global Justice Center, lolson@globaljusticecenter.net 212.725.6530 ext. 217
30 October 2017
Human Rights Org Send Open Letter to Iraqi Prime Minister on establishing an Investigative Team for Crimes Committed by Daesh, including Yazidi Genocide
FOR IMMEDIATE RELEASE - October, 30 2017
[NEW YORK and BAGHDAD] – Today, the Global Justice Center along with the Eyzidi Organization for Documentation, the Iraqi Al-Amal Association, the Iraqi Women Network, Madre and Yazda sent a joint open letter to the Iraqi Prime Minister Dr. Haider al-Abadi regarding the Terms of Reference currently being drafted for UN Security Council Resolution 2379 (2017).
On September 21, 2017, the UN Security Council adopted resolution 2379 (2017) which requests the creation of an Independent Investigative Team to help holding members of Daesh accountable for their crimes in Iraq. The open letter by civil society calls on Iraqi Leadership to ensure a successful and inclusive investigative process in line with international standards and international law and gives concrete recommendations for the Terms of Reference, as related to gender justice and a victim-centered approach.
In particular, the recommendations stress the need for an applicable legal framework and urgent legal reform, ensuring investigative efficiency, inclusion of gender expertise, providing victim and witness protection, community outreach and civil society engagement. It also stresses the need for an Investigative Team and Iraqi authorities to hold all sides who have committed crimes accountable and asks to consider expanding the mandate of the Investigative Team in possible successor resolutions by the UN Security Council.
Finally, the letter emphasizes the need to investigate and prosecute all forms of sexual and gender-based violence which can constitute acts of genocide as well. While the atrocities committed by Daesh have been receiving worldwide condemnation and outrage, particular its sexual and gender based crimes, so far no member of Daesh has been held accountable for acts of genocide against the Yazidi and other ethnic minorities before a court.
Read Letter English
Read Letter Arabic
For more information contact:
Stephanie Olszewski (New York), Global Justice Center, solszewski@globaljusticecenter.net +1.212.725.6530 ext. 211
Stephanie Johanssen, UN Advocacy Director, Global Justice Center, sjohanssen@globaljusticecenter.net +1.212.735.6530 ext. 209
Background: The Global Justice Center is a human rights organization that advocates for a multi-faceted approach to accountability for crimes committed in Iraq and Syria, including in international, regional and national venues. In December 2015, the Global Justice Center filed an amicus letter in support of the Article 15 filing by Yazda and the Free Yazidi Foundation to the ICC. The letter urged the ICC to ensure that they employ a comprehensive gender perspective throughout any investigation or examination. In June 2017, the Global Justice Center made its second submission to the ICC, together with the Bar Human Rights Committee of England and Wales, asking them to open a preliminary examination into genocide and other crimes committed by foreign fighters from Daesh.
21 September 2017
UN Security Council Adopts Resolution - One Step Towards Justice for the Yazidi Genocide
FOR IMMEDIATE RELEASE - September 21, 2017
[NEW YORK, NY] – Today, the UN Security Council unanimously adopted UNSC Resolution 2379 (2017) on Daesh accountability, paving the way for an investigative team to collect evidence of war crimes, crimes against humanity and genocide in Iraq. Since 2014, Daesh has been perpetrating a genocidal campaign against the Yazidi and potentially other ethnic minorities in Northern Iraq but yet to date no perpetrator has been held accountable for genocide.
“The resolution today marks an important first step,” says Janet Benshoof, President of the Global Justice Center. “But the Security Council and Iraq must also fully implement their obligations under the UN Genocide Convention to prevent, suppress and punish genocide, including by rescuing the thousands of women and girls still held in captivity. The Council and UN Member States have been tiptoeing around even acknowledging the ongoing genocide against the Yazidi for years. This resolution is a long overdue first step to them fulfilling their obligations and upholding the promise of ‘Never Again.’”
Sareta Ashraph, an international legal expert on genocide and gender and lead author of the Commission of Inquiry on Syria’s 2016 report “They came to destroy” says, “Women and girls are the living victims of this genocide. It is important not to treat the sexual violence crimes against Yazidi women and girls separate from the genocide, as they are an integral part. Daesh has employed all five prohibited acts detailed in the 1948 Genocide Convention.”
Iraq does not have legislation to try war crimes, crimes against humanity and genocide and is not a member to the Rome Statute of the International Criminal Court (ICC). Furthermore, current trials and prosecutions of Daesh fighters have been conducted solely under Iraq’s counter-terrorism law and the proceedings have been characterized by human rights violations, including extrajudicial killings, torture and a lack of due process for the accused. “Justice and accountability are essential components of post-conflict transition and rebuilding,” says Benshoof. “For these trials to be viewed as legitimate and credible they must be conducted in line with international human rights standards.”
Benshoof adds, “Prosecuting Daesh fighters for terrorism crimes only is like prosecuting Nazis solely for money laundering and not for war crimes, crimes against humanity or genocide. While you may meet the desire to put them in jail, you are not holding them accountable for the full range of crimes they committed and denying victims justice.” Benshoof further warns of one-sided justice: “Only prosecuting Daesh fighters reeks of victor’s justice. This is a start, but there must be a more comprehensive mechanism with the mandate to hold all perpetrators of crimes accountable, including Iraqi, Kurdish and Coalition forces and a resolution which fully acknowledges rape and other forms of sexual violence as an act of genocide.”
For more information contact:
Stephanie Olszewski (New York), Global Justice Center, solszewski@globaljusticecenter.net +1.212.725.6530 ext. 211
Background: The Global Justice Center is a human rights organization that advocates for a multi-faceted approach to accountability for crimes committed in Iraq and Syria, including in international, regional and national venues. In December 2015, the Global Justice Center filed an amicus letter in support of the Article 15 filing by Yazda and the Free Yazidi Foundation to the ICC. The letter urged the ICC to ensure that they employ a comprehensive gender perspective throughout any investigation or examination. In June 2017, the Global Justice Center made its second submission to the ICC, together with the Bar Human Rights Committee of England and Wales, asking them to open a preliminary examination into genocide and other crimes committed by foreign fighters from Daesh.
16 August 2017
GJC’s Statement on Iraq Requesting International Assistance in Bringing Daesh to Justice
FOR IMMEDIATE RELEASE - August 16, 2017
[NEW YORK, NY] - GJC welcomes Iraq’s letter to the UN requesting assistance in bringing Daesh to justice and thanks the United Kingdom for its efforts in negotiating a UN Security Council resolution. We reiterate our call that all investigations and prosecutions must ensure accountability for gender-based crimes, including those amounting to genocide, by all actors. We also express concern over reports of current Daesh prosecutions that focus solely on terrorism crimes, extrajudicial killings and torture of those thought to be Daesh-aligned and accordingly, call on the Iraqi Government to ensure due process in line with international human rights standards.
We also urge the Iraqi government to ensure that enabling legislation is adopted to incorporate genocide, war crimes and crimes against humanity into domestic law in order to ensure that prosecutions reflect the full criminality of the acts in question. The global community must hold the perpetrators of these horrific crimes accountable for their actions, and ensure victims and survivors receive their entitled reparations, including redress and reparations for sexual and gender-based violence. Finally, we call on all parties in Iraq and the Global Coalition against Daesh to ensure respect for international humanitarian law (IHL), including by ensuring access to comprehensive medical and psychosocial care for victims, and to take concrete steps to rescue all remaining Yazidi women and children held captive by Daesh.
For more information contact:
Stephanie Olszewski (New York), Global Justice Center, solszewski@globaljusticecenter.net +1.212.725.6530 ext. 211
03 August 2017
On the Third Anniversary of the Massacre at Sinjar, the Global Justice Center and Bar Human Rights Committee of England & Wales Call for Justice for the Yazidi Genocide
FOR IMMEDIATE RELEASE - August 3, 2017
[NEW YORK, NY] - Today is the third anniversary of the massacre at Mount Sinjar where ISIS fighters murdered thousands of Yazidi men and enslaved thousands of Yazidi women and girls. Despite the fact that the UN and the European Parliament have accepted that crimes committed against the Yazidis constitute genocide, there has not been a single prosecution of ISIS fighters for these crimes.
On July 7th, 2017, the Global Justice Center and the Bar Human Rights Committee of England & Wales urged the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to open a preliminary examination into genocide and other crimes committed by foreign fighters from ISIS.
The legal submissions urge the Prosecutor to re-evaluate her April 2015 finding that there is inadequate jurisdictional bases to open a preliminary examination into these crimes. The Global Justice Center and the Bar Human Rights Committee submit that the ICC has jurisdiction over ISIS’s foreign fighters who form a significant part of ISIS’s infrastructure and outlines how the OTP’s gender policy prioritizes precisely the crimes ISIS foreign fighters are committing against Yazidi women and girls.
Global Justice Center (GJC) Vice-President and Legal Director, Akila Radhakrishnan, says:
“There has been no justice for the victims of ISIS. Thousands of women and children remain in captivity and evidence is languishing.,” says “it’s time for the international community to act on its obligations under the Genocide Convention to prevent, suppress, and punish genocide.”
The Bar Human Rights Committee of England and Wales has been working since the summer of 2015 to raise awareness of the genocide of the Yazidis and breaches of international human rights law. Kirsty Brimelow QC, Chair said:
“The ongoing genocide of the Yazidi people is one of the worst crimes of our time. Such grave crimes are not only despicable but they threaten the peace, security and well-being of the world. Effective prosecutions are required. The gravest crimes in the Rome Statute continue to be committed with impunity. It never was an option for the International Criminal Court to do nothing. It must act urgently. “
For more information contact:
Stephanie Olszewski (New York), Global Justice Center, solszewski@globaljusticecenter.net +1.212.725.6530 ext. 211
Amanda June Chadwick (London),Bar Human Rights Committee of England and Wales, coordination@barhumanrights.org.uk +44 (0) 20 7404 1313 ext. 359
17 October 2016
Global Justice Center’s Statement on the Operation to Liberate Mosul
FOR IMMEDIATE RELEASE—October 17, 2016
[NEW YORK, NY] - As the operation to liberate Mosul begins, all coalition actors should ensure that they uphold their obligations under international law to protect civilians and minimize the harm caused to them. Iraq is a party to the four Geneva Conventions of 1949, Additional Protocol I to the Geneva Conventions and the Convention on the Prevention and Punishment of Genocide. These treaties define how Iraqi forces, including the Peshmerga, must carry out military operations.
Reports show that there may be as many as 1.5 million civilians currently in Mosul. The Geneva Conventions require that Iraq refrain from indiscriminate attacks and distinguish at all times between civilian objects and military objectives. Amidst reports of gross violations of human rights by Iraqi forces in the operations to retake Falluja and Ramadi, Iraq must refrain from such acts in the present offensive. Furthermore, civilians in Mosul are considered protected persons under the Geneva Conventions who have fundamental guarantees, including to humanitarian assistance, to be treated humanely and to be given all care they are due based on their condition, without discrimination.
Reports also indicate that there are potentially thousands of Yazidi women and children under Daesh captivity in Mosul. Daesh has been engaged in a genocidal campaign against the Yazidi since August 2014 and those who remain in captivity continue to be subject to genocidal acts daily, including sexual slavery, forced marriage and forced conversions. Iraq, as a party to the Genocide Convention, must take all possible measures to prevent, suppress and punish genocide. This includes proactive efforts to rescue and ensure the safety of Yazidis currently under captivity in Mosul.
Too long the world has been forced to watch Daesh’s heinous crimes against civilians in Iraq and Syria. As the operation to liberate those under Daesh’s control begins, the rights of these terrorized civilians must be first and foremost.
For more information contact:
Akila Radhakrishnan, akila@globaljusticecenter.net, +1.212.725.6530 ext. 203
Liz Olson, lolson@globaljusticecenter.net, +1.212.725.6530 ext. 217
25 April 2016
International Coordination for Gender Justice in Iraq Highlight Importance of Gender Equality in Iraq
FOR IMMEDIATE RELEASE—June 18, 2007
[LONDON, ENGLAND] The UK-based International Coordination for Gender Justice in Iraq (ICGJI) last week submitted recommendations to the Iraq Commission, the independent cross-party UK commission to examine the future of British commitment in Iraq. Aided by the Global Justice Center, the ICGJI is a volunteer-based organization that works closely with diverse partners both in the UK and in Iraq towards international advocacy on gender justice in Iraq. The ICGJI has recently been involved in the training of judges in Iraq to address the issues of gender justice and regime crimes, as well as various projects to raise awareness of gender issues and equality in Iraq.
The Iraq Commission is an independent UK group set up to investigate various aspects of the UK’s continuing role in Iraq, with a goal towards presenting a final report mid-July to the new Prime Minister. Equivalent to the US Iraq Study Group, issues under examination by the Commission include the role of UK troops in Iraq, reconstruction and the role of NGOs, and domestic political considerations, including questions of community cohesion.
The ICGJI’s submission highlighted issues affecting women’s rights from a legislative and political development perspective, such as some inherent contradictions concerning women’s rights in Iraqi law. The ICGJI seeks gender equality in government and judicial processes through international laws such as UN Security Council Resolution 1325, and the submission emphasizes the importance of such equality in forming a progressive democracy.
The Global Justice Center is glad to see that the UK government is taking active steps to consider the situation in Iraq, and hopes that the Iraq Commission includes in the final report recommendations on gender equality and justice under UN Security Council Resolution 1325.
A copy of the ICGJI’s full submission is available here.
For further information, please contact Abby Goldberg at (212) 725-6530, x204 or agoldberg@globaljusticecenter.net.
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17 March 2016
John Kerry Says It's Genocide
FOR IMMEDIATE RELEASE - March 17, 2016
[WASHINGTON, DC]– This morning, US Secretary of State John Kerry announced that Daesh is committing genocide against ethnic minorities, including Yazidis, Christians, and Shia Muslims. This is the first genocide the US has recognized since Darfur in 2004.
Kerry was clear in laying out the crimes of Daesh (also known as ISIS or ISIL) and said, “Daesh captured and enslaved thousands of Yazidi women and girls—selling them at auction, raping them at will, and destroying the communities in which they had lived for countless generations.”
This recognition of genocide is an important step for the US in taking global leadership to address atrocities by Daesh as well as in fulfilling its duties under the Genocide Convention to ensure that genocide is prevented, suppressed, and punished. As the State Department recognized during the 1994 Rwanda genocide, using the word “genocide” evokes the US’s obligations under the Genocide Convention.
In December 2015, the Global Justice Center (GJC), in a filing to the Office of the Prosecutor of the International Criminal Court (ICC), urged the ICC to investigate Daesh’s crimes against the Yazidis as genocide. In particular, GJC asked the ICC to investigate the non-killing crimes of genocide committed against women and girls, which include forcible transfer of children, rape, torture, forced marriage, forced impregnation, and forced abortions.
“I am neither judge, nor prosecutor, nor jury with respect to the allegations of genocide,” Secretary Kerry said. “Ultimately, the full facts must be brought to light by an independent investigation and through formal legal determination made by a competent court or tribunal. But the United States will strongly support efforts to collect, document, preserve, and analyze the evidence of atrocities, and we will do all we can to see that the perpetrators are held accountable.”
Secretary Kerry’s remarks come on the heels of the historic resolution passed by the European Parliament in February, which determined that Daesh is committing genocide against religious minorities. The GJC has been calling on states and international organizations to: (1) recognize that genocide is happening; (2) take steps to prevent further genocide and suppress ongoing genocide, including by rescuing women and girls; and (3) investigate and punish genocide, including by supporting prosecutions at the ICC.
“Global consensus is building,” says GJC President Janet Benshoof, “Secretary Kerry’s statement today is a huge step forward for the global community to take action and address the genocide that Daesh is committing. The US must turn this rhetoric into action. The US should push for a referral to the ICC to hold Daesh accountable and take immediate steps to rescue the thousands of Yazidi women and girls still enduring genocide in captivity. We must do everything we can to ensure these woman and girls obtain the justice they deserve.”
“What Daesh wants to erase, we must preserve,” Kerry concluded. “Naming these crimes is important. But what is essential is to stop them.”
For more information contact:
Stephanie Olszewski (New York), solszewski@globaljusticecenter.net, +1.212.725.6530 ext. 211
05 February 2016
European Parliament Recognizes ISIS Atrocities as Genocide and Urges States to Act
FOR IMMEDIATE RELEASE - February 5, 2016
[STRASBOURG, FRANCE] – In an historic resolution, the European Parliament yesterday recognized ISIS’ ongoing atrocities against religious minorities as genocide. The resolution is the first time the Parliament called on parties, including EU Member States, to fulfill their duties under the UN Genocide Convention during an ongoing conflict.
“The Genocide Convention requires all states to do everything possible to suppress an ongoing genocide. That is why states have been reluctant to even use the word genocide,” said Global Justice Center President, Janet Benshoof. “This resolution is a huge first step to getting the international community to stop wringing their hands over ISIS’ genocidal crimes and take action to prosecute perpetrators and obtain justice for victims.”
The resolution condemned ISIS’ crimes as war crimes, crimes against humanity and genocide and condemned their attempts to exterminate any religious and ethnic minorities from areas under its control. The adoption followed a debate on January 20th on religious minorities targeted by ISIS in which the EU’s Foreign Affairs Chief, Frederica Mogherini, also recognized ISIS’ killing of Muslims and called on the EU and the Middle East to work together to guarantee justice and accountability.
The strongly worded resolution called on the UN Security Council to recognize the genocide and called for a referral to the International Criminal Court (ICC). In December 2015, the Global Justice Center sent a letter to the Office of the Prosecutor of the ICC urging them to investigate the genocide against the Yazidis and to specifically examine crimes committed against women and girls including abductions, rape, sexual slavery, and forced marriage as genocidal crimes.
“Women and children have equally strong protections under the Genocide Convention that are often forgotten,” says Benshoof. “By not invoking and acting under these obligations, the international community denies women and girls their rights and protections under international law. Thousands of Yazidi women and girls are still currently being held captive by ISIS. This resolution must serve as a trigger for Member States to act on their moral and legal obligation to rescue them.”
For more information contact:
Stephanie Olszewski, solszewski@globaljusticecenter.net
Stephanie Johanssen, sjohanssen@globaljusticecenter.net, 212.725.6530 ext. 209
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