Five Years After Genocide, Yazidis are Still Waiting for Justice

By Maryna Tkachenko

“Today, the Yazidis have largely been abandoned” — Nadia Murad, Nobel Peace Prize recipient and Yazidi survivor

August 3, 2014 changed the Yazidi community of Sinjar forever. The terrorist group Daesh killed and enslaved thousands of Yazidis, members of a small religious minority in northern Iraq that have been historically persecuted for being “devil worshippers.” In addition to carrying out coordinated attacks of violence against the group as a whole, Daesh explicitly targeted women and girls by inflicting widespread sexual violence in the form of rape, torture, and forced marriage. These gendered acts of the Yazidi genocide served as tools for recruitment, conversion, and forced indoctrination.

Five years later, despite a growing body of evidence, no Daesh fighter has been prosecuted for genocide of the Yazidi. In 2016, the United Nations recognized the attacks as a genocidal campaign, but Yazidis are still waiting for justice, hoping to return one day to their homes on the Sinjar Mountain.

Q&A: The International Court of Justice & the Genocide of the Rohingya

Starting in October 2016 and then again in August 2017, Myanmar’s security forces engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State, Myanmar. The operations, in particular those that started in August 2017, were characterized by brutal violence and serious human rights violations on a mass scale. Survivors report indiscriminate killings, rape and sexual violence, arbitrary detention, torture, beatings, and forced displacement. Reports have also shown that security forces were systematically planning for such an operation against the Rohingya even before the purported reason for the violence — retaliation for small scale attacks committed by the Arakan Rohingya Salvation Army (ARSA) — occurred. As a result, an estimated 745,000 people — mostly ethnic Rohingya — were forced to flee to Bangladesh.

According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar(FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evokes specific obligations and responsibility under international law.

And yet, despite extensive and meticulous documentation, as well as a global outcry from the international community, Myanmar continues unabatedin its discriminatory treatment of the Rohingya and accountability for these horrific international crimes remains elusive. This fact sheet examines current accountability efforts, including at the International Court of Justice (“ICJ”) and International Criminal Court (“ICC”) and seeks to clarify available avenues for justice for the crimes committed against the Rohingya population, with a focus on state responsibility for genocide.

Joint Statement on the Assignment of the Situation in Myanmar and Bangladesh to the ICC Pre-Trial Chamber III

FOR IMMEDIATE RELEASE – June 28, 2019

[NEW YORK, NY]– The Global Justice Center, European Center for Constitutional and Human Rights, Naripokkho, and Women’s Initiatives for Gender Justice welcome recent developments at the International Criminal Court (ICC) concerning the Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar. Both the intention of the Office of the Prosecutor to undertake an investigation, and the assignment of the situation to Pre-Trial Chamber III bring the ICC one step closer to providing accountability for the crimes committed against the Rohingya.

Bringing a Gendered Lens to Genocide Prevention and Accountability

By Maryna Tkachenko

More than 70 years after the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, mass atrocity crimes are still carried out in systematic and, equally important, gendered ways. The lack of emphasis on the gendered nature of coordinated crimes not only jeopardizes international security but also ignores the multi-layered reality of genocidal violence. The most recent genocides against the Yazidi and the Rohingya populations are clear instances of the international community neglecting to prioritize a gendered lens in preventing and punishing genocide.

On 22 May, the Global Justice Center and the International Coalition for the Responsibility to Protect (ICRtoP) held a panel on “Gender and Genocide: Engendering analysis for better prevention, accountability, and protection” to examine critical gaps within the framework of analysis for atrocity crimes. (Read GJC’s white paper Beyond Killing: Gender, Genocide, & Obligations Under International Law to learn more about the ways in which female experiences of genocide are too often removed from the analysis of genocidal violence.) 

What Does a Gender Perspective Bring to Crimes Against Humanity Genocide, and War Crimes?

From May 02, 2019 6:00 pm until 8:30 pm 

At LSE Center for Women, Peace and Security, Wolfson Lecture Theatre

Overview:

The event marks the public launch of the Gendered Peace project which is funded by the European Research Council. In 2014 the Office of the Prosecutor of the International Criminal Court (ICC) launched its Policy Paper on Sexual and Gender-Based Crimes to strengthen “expertise and commitment to the prosecution of sexual and gender-based crimes”.  Notwithstanding this ambition, five years on, the Court’s track record remains disappointing and it would appear that much more work must be done.  

This event is designed to open up a discussion on the multi-dimensional nature of the core categories of international offences through a gender perspective to evaluate progress, identify setbacks and explore future options.  What does a gender analysis add to our understanding of these offences?  How can international criminal law better deliver on gender justice?

Speakers:

  • Patricia Viseur Sellers, International Criminal Lawyer 
  • Akila Radhakrishnan, President of the Global Justice Center
  • Christine Chinkin,  Professional Research Fellow 

 

Destruction of the Spirit: The Critical Role of Gender in Genocide

Genocide is a crime of destruction, an attempt to annihilate a group of people and render them irrelevant, invisible, and eventually forgotten. Popular conceptions of genocide have long characterized it mainly as a crime of mass killing, the majority of victims of which tend to be men. During genocidal campaigns, women and girls are more likely to survive the initial killings but face enslavement, beatings, starvation, degradation, and other atrocities that form constitutive acts of genocide. Survivors of these abuses are not just witnesses to genocide; they are also its intended targets. When these gendered, non-killing crimes are not recognized as genocide, women and girls are denied justice for the abuses they have suffered.

Across continents and cultures, genocide is carried out along gendered lines. The first step is often the separation of groups by gender and age for distinct treatment.  When Daesh captured thousands of Yazidi in August 2014, they executed males over 12 years old, and sold women and girls into slavery. During the Rwandan genocide, members of the Hutu militia tore clothes off children to ensure boys were not dressed in girls’ clothing as a means of escaping mass killings. Once separated, women and girls experience distinct and destructive genocidal acts.

Though they are frequently not regarded as genocidal, these acts can in fact form the basis for the four non-killing crimes of genocide: causing serious bodily or mental harm, inflicting conditions of life calculated to destroy, imposing measures to prevent births, and forcibly transferring children to another group. For an in-depth legal analysis of the role of gender in genocide, see the Global Justice Center’s whitepaper, Beyond Killing: Gender, Genocide, and Obligations Under International Law

Beyond Killing: Gender, Genocide, and Obligations Under International Law

Executive Summary

Gender permeates the crime of genocide. It is woven into the perpetrators’ planning and commission of coordinated acts that make up the continuum of genocidal violence. It is through these gendered annihilative acts that perpetrators maximize the crime’s destructive impact on protected groups.

Female and male members of targeted groups, by the perpetrators’ own design, experience genocide in distinct ways by reason of their gender. Men and older boys are targeted as a consequence of the gendered roles they are perceived to inhabit, including those as heads of households, leaders, religious authorities, protectors, guardians of the group’s identity, and patriarchs. Assaults on women and girls pay heed to their roles as mothers, wives, daughters, bearers of future life, keepers of community’s and family’s honor, and sources of labor within the home. An understanding of what it means to be male and female in a particular society thus saturates perpetrators’ conceptions of their victims, and of themselves. In particular, the violence directed at women and girls during genocide is fed by existing misogynistic attitudes in society, and the traumatic impacts are magnified by the financial, social, cultural inequalities to which women and girls are subjected. 

Genocide is often understood as a crime committed predominantly through organized mass killings—the majority of victims of which, both historically and today, tend to be male. Consequently, non-killing acts of genocide—more likely to be directed against female members of a protected group—are often cast out of the continuum of genocidal violence. Equally, in privileging the act of killing, other acts of violence committed against men and boys—such as torture, rape, and enslavement—have also been obscured.

The Global Justice Center Calls for Action on the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime

FOR IMMEDIATE RELEASE -December 9, 2017

[NEW YORK] Today, on the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, the Global Justice Center warns that the promise of “Never Again” is being broken in conflicts around the world in places such as Syria, Iraq, Yemen, the Central African Republic, Sudan and Myanmar.

GJC Welcomes Verdict by ICTY Convicting Ratko Mladić for War Crimes, Crimes Against Humanity and Genocide

FOR IMMEDIATE RELEASE -November 22, 2017

[NEW YORK] –  The Global Justice Center (GJC) welcomes the historic verdict by the International Criminal Tribunal for the former Yugoslavia (ICTY) of Ratko Mladić for genocide, war crimes and crimes against humanity. Mladić was convicted of genocide and persecution, extermination, murder, the inhumane act of forcible transfer, terror, unlawful acts against civilians and hostage taking.

Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Subject: Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Your Excellency,

We are writing to you to call on your leadership in ensuring successful implementation of UN Security Council Resolution 2379, initiating an Investigative Team for crimes committed by the so-called Islamic State in Iraq and the Levant (ISIL, hereinafter referred to as “Da’esh”).

Below, please find a list of recommendations which we hope will be reflected in the Terms of Reference for the Resolution, with the purpose of establishing a commitment to the highest standards of international law and guaranteeing inclusiveness and accountability, including through gender justice and a victim-centered approach.

The adoption of UN Security Council Resolution 2379 on September 21, 2017 marks an important milestone in the enormous task of holding members of Da’esh accountable for their commission of war crimes, crimes against humanity, and genocide. In this respect, we particularly emphasize the need to investigate and prosecute all forms of sexual and gender-based violence which can constitute acts of genocide as well.

We hope the Investigative Team will lay the groundwork for an inclusive and comprehensive justice process for all those affected by the conflict and atrocities committed.

We thank you for your consideration.

Sincerely,

Global Justice Center Eyzidi Organization for Documentation
Iraqi Al-Amal Association   Iraqi Women Network
Madre Yazda

Read Full Letter in English

Read Full Letter in Arabic

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.

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, This email address is being protected from spambots. You need JavaScript enabled to view it. +1.212.725.6530 ext. 211
 

On the Third Anniversary of the Massacre at Sinjar the Global Justice Center Calls for Justice for the Yazidi Genocide

Today, on the three year Anniversary of Sinjar, GJC is raising awareness on the need for action and justice:

  • In the New York Times, read Akila Radhakrishnan's letter to the editor calling for the international community to stop ignoring the plight of the Yazidi.
     
  • In Pass Blue, read Barbara Crossette's interview with Janet Benshoof on building a case for prosecuting ISIS fighters. 
     
  • In the Fair Observer, read Liz Olson's piece on the genocide against the Yazidi that is still ongoing, and could still be successful.
     
  • GJC and the Bar Human Rights Committee of England & Wales sent a brief to the Office of the Prosecutor of the International Criminal Court urging them to open a preliminary examination into genocide and other crimes committed by foreign fighters from ISIS.
     
  • GJC recently convened a Brain Trust of international law and genocide experts to discuss reconciling international laws on genocide and counter-terrorism. You can read the outcome document for the Brain Trust here.
     
  • Listen to GJC's podcasts with Sareta Ashraph and Stephen Rappon the genocide of the Yazidi and the avenues for justice.

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.

Outcomes from the Global Justice Center Brain Trust

Reconciling International Laws on Genocide and Counter-Terrorism 

On June 12, 2017, the Global Justice Center convened a Brain Trust of legal experts to consider how to reconcile the legal obligations to prevent, suppress and punish genocide with counter-terrorism measures directed towards ISIS.

Evidence supports that ISIS has been engaged in an ongoing genocide against the Yazidis (and potentially other groups) since 2014. Over 3,000 Yazidi women and children remain in captivity. Today we may be witnessing yet again a failure of the international community to prevent, suppress and punish genocide.

Download PDF

Global Justice Center and the Bar Human Rights Committee Send a Submission to the International Criminal Court Urging the Opening of a Preliminary Examination

This Submission is presented to the Office of the Prosecutor (OTP or Office) of the International Criminal Court (ICC or Court) by the Global Justice Center and the Bar Human Rights Committee of England and Wales, requesting the opening of a preliminary examination into genocide and other crimes committed against the Yazidis. 

Download Letter

Download Submission