KRG Advocates for Justice at The Hague and Calls for Accountability in ISIS Crimes Against Yazidis
On Friday, 20 September 2024, a conference titled “Path to Justice: Overcoming Obstacles to Accountability for ISIS Crimes and the Role of the Netherlands” was held at the Peace Palace in The Hague, the Netherlands. The event aimed to draw global attention to the ongoing efforts for justice and accountability in the aftermath of ISIS atrocities.
The conference brought together an array of international figures and organisations, including Caspar Veldkamp, Minister of Foreign Affairs of the Netherlands, senior Dutch politicians, representatives from international organisations, members of the European Public Prosecutor’s Office, and leading experts in human rights and international criminal law.
A delegation from the Kurdistan Regional Government (KRG), alongside representatives of the federal government of Iraq and several Yazidi survivors, also participated in this critical event. The focus of discussions centered on the international community's role in prosecuting ISIS crimes, particularly the continued efforts to seek justice for the Yazidi people, who have endured tragic suffering during the ISIS genocide.
Below is a full transcript of the speech delivered by Dindar Zebari, the KRG's Coordinator for International Advocacy, addressing the crucial issues of justice, accountability, and the enduring impact of ISIS’s crimes on the Yazidi community:
Esteemed Colleagues, Distinguished Representatives, and Respected Guests,
Today, we are here at the Peace Palace in the Hague to address a crucial matter the future of the Yazidi community. As we come together for this significant conference, our focus is on reflecting on the enduring impacts of the genocide against the Yazidi People, exploring strategies for recovery and justice, and strengthening support systems for survivors.
Let me start by extending my heartfelt gratitude for the organizers of the conference for their dedication to addressing the urgent needs and challenges facing the Yazidi community. Your commitment to this cause is not only deeply appreciated but essential for fostering meaningful progress.
The objectives of the Conference are vital as we work together to ensure that the voices of survivors are heard and their needs are met.
As we gather to focus on these pressing issues, we must acknowledge the profound suffering and resilience of the Yazidi people. Recognized as victims of genocide by numerous nations, including the Netherlands, Germany, the United Kingdom, the United States, Canada, European Union, France, Belgium and Armenia. This acknowledgment is a vital step towards accountability, but our journey toward justice and recovery is far from complete.
The Kurdistan Regional Government (KRG) has been a proactive force in seeking justice. Initiatives such as the draft bill for a specialized court in KRI to prosecute international crimes are commendable.
Ongoing support includes psychological assistance, legal counseling, and financial compensation. Noteworthy initiatives, such as the establishment of the Institute of Psychotherapy and Psycho- traumatology at Kurdistan Region, Duhok University and specialized treatment programs in Germany, are critical in addressing the multifaceted needs of survivors.
The KRG has also been instrumental in supporting the Yazidi community, with Prime Minister Masrour Barzani providing financial aid for more than 3,500 Yazidis, these efforts must be continuously expanded to ensure comprehensive support for all affected individuals.
The KRG, in cooperation with UNITAD, has taken significant steps to promote accountability for the atrocities committed by ISIS. The UN investigative team has played a crucial role in this endeavor, working tirelessly to document and prosecute the crimes committed by the group. Through extensive field missions and interviews with survivors and witnesses, they have focused on key atrocities, including those against the Yazidi community in Sinjar, the massacre at Badush prison, and also mass killings and brutal attacks on Christians, Shiites, and Sunnis. These efforts are vital for ensuring justice and recognizing the wide-ranging impact of ISIS's violence on diverse communities.
UNITAD’s efforts in digitizing and archiving crucial records related to Yazidi survivors have been pivotal, collaborating closely with KRG authorities to preserve and analyze evidence. Notable achievements include the successful completion of archiving projects linked to the Office of the Rescued Abducted Yazidis and the preservation of other key documents. To provide a comprehensive overview of our recent collaboration with UNITAD, I would like to outline the process through which we received critical information in two stages. On July 11, 2024, Ms. Ana Peyró Llopis, Acting Special Adviser and Head of UNITAD, and her team transferred a significant amount of data to the KRG.
This initial transfer included 45.95 GB of documents related to ISIL crimes, compiled with the assistance of investigators, legal experts, forensic specialists, and analysts. Following this, on August 25, 2024, I had the privilege of receiving an additional 11.9 GB of meticulously processed information from the Acting Special Adviser.
This collection of data, which UNITAD had further refined, was obtained from judicial and non-judicial authorities in the Kurdistan Region and was rigorously categorized, tagged, and analyzed for legal review. The structured nature of this information greatly supports the KRG's investigative processes and reinforces our commitment to ensuring justice and accountability in Iraq and beyond.
Additionally, UNITAD has collaborated with international partners and member states to share evidence and support investigations, fostering global cooperation that is vital for holding ISIL perpetrators accountable and ensuring that justice is served.
KRG has consented to the UNITAD team’s request to share information with third parties, on the condition that the KRG is notified in advance. This information sharing aims to facilitate the prosecution of perpetrators in a fair and independent manner, in alignment with UNITAD's mandate under the UN Security Council Resolution.
Specifically, UNITAD sought the KRG’s approval to share witness statements with several countries, including Sweden, Finland, France, the Netherlands, Germany, Belgium, the United Kingdom, the United States, and Canada.
Moreover, UNITAD indicated the possibility of sharing these statements with other European Union countries.
In several of its periodical reports to the United Nations Security Council, UNITAD has referred to the atrocities committed against the Yazidi community as genocide. The KRG welcomes this acknowledgment, viewing it as an important step in recognizing the severe crimes endured by the Yazidi Kurds.
These references in UNITAD's periodic reports underscore the gravity of the situation and reinforce the international community’s additional commitment to addressing these atrocities. The KRG remains dedicated to supporting efforts that seek justice and accountability for the Yazidi victims and continues to collaborate with international bodies to ensure that those responsible for these crimes are held accountable.
The KRG has established the High Ministerial Committee for the Crimes of ISIS criminals and the Recognition of Genocide and International Crimes in November 2020.
This committee was assigned several key objectives, ensuring a fair trial and securing international recognition of ISIS crimes as genocide; collaborating with UNITAD to achieve legal and political agreements; and facilitating the early trial process by gathering relevant information and providing necessary training.
I want to underscore that the Kurdistan Regional Government is fully committed to the successful collection of evidence, investigation, and fair trial of ISIL criminals. The significant sacrifices made by the Kurdistan Peshmerga forces—over 1,814 martyred, 10,725 wounded, and 44 still missing—highlight the profound impact of this conflict on our community, this is why we are dedicated to working closely with UNITAD, ensuring that justice is served and accountability is upheld for ISIL’s crimes.
I also want to remind you that since the onset of the ISIS conflict, the Kurdistan Region has hosted 2 million internally displaced persons (IDPs). As of now, 730,930 IDPs remain both inside and outside camps across the Kurdistan Region, with 157,000 of them being Yazidis, Many IDPs have successfully returned to their homes through various return programs facilitated by the KRG and humanitarian organizations.
The KRG ensures that these returns are conducted voluntarily, safely, and with respect for their rights. Furthermore, it is essential that transitional justice be implemented to address past injustices and support reconciliation within the community.
The KRG has consistently demonstrated its commitment to the welfare of IDPs through comprehensive and coordinated efforts. As we evaluate the potential closure of IDP camps within the Kurdistan Region, it is crucial that we proceed with utmost caution and sensitivity, guaranteeing that all returns are voluntary and conducted under supportive and well-prepared conditions.
To ensure a fair trial process and to recognize the atrocities and acts perpetrated by ISIL as genocide, the KRG initially developed the draft law titled "Special Criminal Court Law on ISIS Crimes in the Kurdistan Region- Iraq." This draft was the result of several specialized meetings and workshops coordinated with international stakeholders and in consultation with (UNITAD).
Although the draft bill received positive feedback from the member states in UN including Security Council body and was presented for its first reading in the Kurdistan Parliament, it was subsequently excluded by the Federal Court. The bill was significant as it proposed provisions for prosecuting ISIS perpetrators for crimes such as genocide, crimes against humanity, and war crimes.
Currently, the KRG is addressing ISIS crimes through prosecutions under the Anti-Terrorism Law No. 3 of 2006, with several cases having been adjudicated in Kurdistan Regional Courts.
According to recent statistics from the Kurdistan Regional Judicial Council, The KRG has trialed 1,246 terrorism cases in the Kurdistan Region, comprising 1,225 males and 21 females.
The rescue and rehabilitation of Yazidi survivors remain a priority. To date, 3,579 individuals have been rescued, and 242 have been martyred by ISIS. yet 2,596 remain missing. Continued efforts from the KRG, national agencies, and international partners are essential in addressing this crisis.
Another pressing issue is the lack of comprehensive legislation to address the unique circumstances of children born to ISIS-affiliated parents. Developing legal frameworks to support these individuals is essential for their protection, integration, and future well-being.
Preserving Yazidi cultural and religious heritage is also vital. Efforts by the Ministry of Endowments and Religious Affairs to recognize Yazidi holidays and restore sacred sites, such as the Lalish Shrine, are commendable. These initiatives help maintain the community's identity and heritage in the face of adversity.
To advance our collective objectives, the KRG urges the international partners to undertake the following actions:
First, address the vulnerability of Yazidi children born during their enslavement by ISIS and support the Yazidi community's efforts to integrate these children. KRG also advocates for international support in establishing a joint archiving and documentation center. This center would focus on documenting ISIS's crimes against Yazidis and other communities, and contribute to broader discussions on genocide, resettlement.
Further, the KRG calls for the full implementation of the Sinjar Agreement of 2020 which is meant to facilitate the return of the Yezidis to their homeland in the Nineveh plains. Accordingly the KRG urges the international community to facilitate dialogue between national and regional authorities, supporting the development of a comprehensive strategy that ensures and upholds democratic principles for all communities in the region.
The KRG is committed to addressing hate speech and discrimination against Yazidis, recognizing the importance of promoting equality and protecting minority rights. In 2023, the concerned authorities investigated a total of eight cases of racial discrimination, reflecting their dedication to eliminating such injustices. The KRG emphasizes that hate speech and discrimination undermine social cohesion and peace, and it actively works to foster an inclusive environment where all communities, particularly vulnerable groups like the Yazidis, can live free from fear and prejudice.
Additionally, continued international support is requested for the reconstruction of towns and villages devastated by conflict, with assistance from international partners. KRG calls for the expedited creation of a comprehensive legal framework for prosecuting ISIL members on the basis of genocide, crimes against humanity and war crimes and addressing the needs of Yazidis, including those born to ISIS-affiliated parents. Intensified support for Yazidi survivors through expanded rescue operations, enhanced psychological support, and increased compensation efforts is also necessary.
Lastly, ongoing efforts to protect and promote Yazidi cultural and religious heritage are crucial to preserving their history and traditions for future generations. Enhanced collaboration between federal, regional, and international bodies is vital to effectively addressing these challenges and ensuring coordinated and impactful actions.
In conclusion, our commitment to the Yazidi community must remain unwavering. By addressing these challenges with urgency and dedication, we honor the resilience of the Yazidi people and uphold our shared values of justice, human dignity, and solidarity.
Thank you all for your attention and for being part of this important conversation today. We are grateful to the organizers—Yazidi Legal Network, Stichting Vluchteling, and Yazda for bringing us together to discuss the future of the Yazidi community, especially as we commemorate the tenth anniversary of the horrific genocide. It is our hope that this conference meets its objectives by fostering meaningful dialogue and generating actionable strategies to support Yazidi survivors. Together, we can work towards a future where justice, recovery, and dignity are attainable for all.