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.

USAID FOIA re: Iraq

September 23, 2014 – ongoing
CaseF-2014-20299

Similar to the FOIA request on humanitarian assistance in Syria, GJC requested details on humanitarian assistance awards to Iraq and neighboring countries in FY 2014.

Timeline:

  • September 23, 2014Initial request submitted
  • January 18, 2018 – Letter received stating no responsive records were found
  • February 16, 2018 – GJC submits an appeal to the no records response, asking State to perform a new search

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.

ISIS is Committing Genocide: Now What?

by Jessica Zaccagnino

On March 17th, Secretary of State John Kerry declared that ISIS is committing acts of genocide against Yazidis and other minority groups in Iraq and Syria, launching the United States into a complex discussion of how to feasibly prosecute ISIS. Although there is not universal ascension to the Genocide Convention, customary international law has enshrined obligations of the international community to prevent, suppress, and punish perpetrators of genocide. Akila Radhakrishnan, the Legal Director of the GJC, emphasized in an interview that “the prohibition on genocide is actually considered to be so widely important that it has attained an even higher status of customary international law called jus cogens,which means it is absolutely non-derogable in every context.” The United States, party to the Genocide Convention, is required by both international conventions and customary international law to take action against genocide. Declaring that ISIS is committing is relatively easy, but actually prosecuting ISIS poses a unique set of challenges in part due to their non-state actor status: logistical, legal, and otherwise.

The prosecution of ISIS for genocide raises numerous, difficult questions: first, what body should carry out trials? In a resolution released days prior to Kerry’s announcement, Congress indicated support for trial in an internationally-run court, such as the International Criminal Court, or an entirely new tribunal, would be the best course of action. The White House has yet to indicate a plan of prosecution. Similar questions of logistics, such as who to hold responsible and where to hold large numbers of detainees, have also been raised. The existence of a defined administrative hierarchy within ISIS raises questions as to what extent subordinates should be held accountable for acts planned by their superiors; however, this is a question that plagues most tribunals.

In terms of prosecuting foreign fighters, it will likely be easier for the United States to turn over detainees to Iraq, an ally, than to Syria, as the US has been supporting rebel groups wishing to oust President Bashar Assad. Since ISIS utilizes many foreign fighters, estimated at 27,000, the use of national jurisdiction over these fighters may open up opportunities for a case in the ICC, even though Iraq and Syria are not party to the Rome Statute, or domestic trials in the US if extradited. The final problem is one of evidence: genocide is a very difficult crime to prove. Due to the “specific intent” portion of the definition, more extensive evidence is required than general charges of crimes against humanity or war crimes. This means, in order to prosecute ISIS, there must be a careful collection of evidence, all while in an active war zone.

To successfully prosecute ISIS for crimes of genocide, the US and international community will have to parse through numerous complex challenges in the near future and focus their energy not on only combatting ISIS militarily, but also constructing a clear prosecutorial strategy.

Although prosecuting ISIS for crimes of genocide poses a unique set of challenges, they are not impossible to overcome. The United States and the global community have a duty to prosecute crimes of genocide under international humanitarian law. ISIS’ prosecution, with the US playing an active role, is of utmost importance, especially now that both the US and UN’s Commission of Inquiry on Syria have come to the consensus that ISIS is perpetuating genocide. Countries must engage with these challenges proactively and address them head on in order to make substantial progress towards prosecution.

Clickhere to read the full interview with Akila Radhakrishnan and Grant Shubin, lawyers at Global Justice Center, about the US’ declaration of ISIS’ genocide.

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.

Global Justice Center Urges International Criminal Court to Investigate ISIS’s Genocide against Yazidi Women and Girls

FOR IMMEDIATE RELEASE  - December 22, 2015

[NEW YORK, NY] – ISIS systematically perpetrates crimes against religious and ethnic minorities in Iraq and Syria, including the Yazidi people. Yazidi men and elderly women are killed, boys are recruited and converted and young women and girls are repeatedly raped, bought and sold as sex slaves, forcibly converted, married, and impregnated. As many as 3,000 girls and women remain in captivity.

Women’s Piece of Peace: Security Council Debate on Women, Peace and Security

2015 marks the 15th anniversary of the adoption of Resolution 1325 on Women, Peace and Security, which requires parties in a conflict to respect women’s rights and support their participation in peace negotiations and in post-conflict reconstruction. Yesterday the Security Council held its annual open debate under Argentina’s presidency calling upon UN Member to implement resolutions on women, peace and security. This year’s theme focused on the situation of women refugees and internally displaced persons (IDPs) around the world.

With numerous crises from Iraq, Nigeria, and Syria to Somalia and Mali and the increase of extremists take control of territory, the shifting trend in conflict is seeing a heightening of targeted violence against women, girls and their communities, warned the UN Secretary-General whose statement was delivered by the Executive Director of UN Women Ms. Mlambo-Ngcuka. The Executive Director in her own statement stressed that women are among the most vulnerable group and the primary subject to violence. But it is women who should be empowered by giving them a voice in decision-making in order to protect them. She noted that “key decisions are still made behind closed doors, deaf to the voices of those directly affected.” Increasing the representation of women in leadership roles and electing them to governing bodies is a way to ensure their protection, as has been seen in Haiti and the Central African Republic.

One of the important issues raised by Member States was that rape is still too often used as a weapon of warfare with a devastating impact on victims of war. Gender based violence also contributes to displacement and women fleeing in hope for safety. Speakers admitted that most refugees are women, and they face a lack of medical assistance which they desperately need. For instance, services that enable the safe termination of pregnancy are fundamental for women to restore their lives after rape and yet are continually denied due to US policy. Failure to provide these services violates the rights of victims of rape.

A highlight of the Open Debate was the statement by the award winning Iraqi women’s rights lawyer Suaad Allami who delivered her statement on behalf of the NGO Working Group on Women, Peace and Security and spoke first-hand of her experiences in working with refugees and the threats to women’s rights by extremist groups such as ISIS. She paid tribute to her friends and colleagues who recently have been killed defending women’s rights. She ended her statement with applause and spoke the last words in Arabic “All human beings have the right to be safe and live a life of dignity.”

Click here to read the Presidential Statement on behalf of the Security Council.

“A Devastating Year for Children”

This year has been one of the worst years for children, according to the United Nations. “As many as 15 million children are caught up in violent conflicts in the Central African Republic, Iraq, South Sudan, the State of Palestine, Syria and Ukraine,” said the Unicef’s report. “Globally, an estimated 230 million children currently live in countries and areas affected by armed conflicts.

“This has been a devastating year for millions of children,” said Anthony Lake, UNICEF Executive Director. “Children have been killed while studying in the classroom and while sleeping in their beds; they have been orphaned, kidnapped, tortured, recruited, raped and even sold as slaves. Never in recent memory have so many children been subjected to such unspeakable brutality.”

© UNICEF

In the Central African Republic, Syria, Iraq, Gaza, South Sudan, Nigeria millions of children are affected by ongoing conflicts. Young girls are being kidnapped, tortured, forcibly impregnated, forced marriages, withheld from education, raped and turned into sex slaves. Half the victims of rape in conflict zones are children.

The Global Summit to End Sexual Violence in Conflict that took place in London this June recognized that rape and sexual violence in conflict often has a much bigger impact than the fighting itself, and that one should not underestimate the depth of damage done to individual rape victims. “Sexual violence in conflict zones includes extreme physical violence, the use of sticks, bats, bottles, the cutting of genitals, and the sexual torture of victims who are left with horrific injuries. Many die as a result of these attacks. But survivors can also face a catastrophic rejection by their families and may be cast out from their communities”.

Compounding the suffering is a US foreign policy that denies safe abortion services to girls raped in armed conflict. GJC’s August 12th Campaign challenges this routine denial of full medical rights to war rape victims as a violation of the right to non- discriminatory medical care under the Geneva Conventions and its Additional Protocols.

Young girls who become victims of rape used as weapon of war are forced to bear the child of their rapist. This also is an “unspeakable brutality”.

The Critical Role of Criminal Accountability in Establishing Rule of Law Based on Gender Equality

There is growing consensus in international law that grave violations of international humanitarian law are a threat to international peace and security and that the world community has a moral and legal duty to intervene if the state is the perpetrator, or cannot or will not stop the crimes. Perpetrators of gender-based crimes must be held accountable in order to ensure a rule  of law based on gender equality. 

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Unequal Access to Justice in the Middle East

The GJC publishes a fact sheet on unequal access to justice in the Middle East.

This fact sheet lists 3 of the obstacles women face in gaining equal access to justice in the Middle East: Penal Codes/Laws, Customary and Social Practices and Limited Judicial Participation. It also provides a table with a list of Middle Eastern countries that have ratified CEDAW, and their policies on women's participation in the judiciary (i.e. whether it is permitted, and what limitations are involved).

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GJC’s Partner Group Submits Recommendations to UK Iraq Commission

FOR IMMEDIATE RELEASE  June 18 2007

NewYork, NY  – 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.

The Anfal Decision: Breaking New Ground for Women’s Rights in Iraq

The GJC publishes a fact sheet on the Anfal decision.

The Anfal decision was made by the IHT, in prosecuting crimes committed under the Anfal campaign against Iraq's Kurdish population. The decision is a step in the right direction for women's rights in Iraq. This fact sheet gives information on the decision, including rape as torture, rape as genocide, joint criminal enterprise and rape, and how the IHT can be a vehicle for legal reform both in Iraq and internationally.

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GJC Commends Iraqi Prosecutor for Including Rape in Closing Arguments of Kurdish Genocide Trial

FOR IMMEDIATE RELEASE—April 10, 2007

[NEW YORK, NY] The Global Justice Center, an NGO that advocates for women’s human rights through the rule of law, commends Prosecutor Monquth Al Faroon for including the charges of rape and sexual violence against the perpetrators of the Kurdish genocide in his closing arguments for the Al-Anfal trial in Baghdad. That the IHT Prosecutor identified these crimes, alongside other crimes such as torture, forced displacement and murder, is a significant step towards ending impunity for crimes of sexual violence committed under the Saddam Hussein regime.

Historic Gender Training for the Iraqi High Tribunal Judges and Women Leaders at the Dead Sea

FOR IMMEDIATE RELEASE–December 7, 2006

[JORDAN] From November 13-15, 2006, the Global Justice Center (GJC), a new iNGO based in New York provided the first training on international law and gender for 20 Iraqi High Tribunal (IHT) judges and 10 women leaders from Iraq. The training, which took place in Jordan, was requested by Iraqi women leaders and the IHT Judges to inform the Tribunal’s rulings on gender violence used by the Baathist regime as a weapon of war as well as the Tribunal’s specific obligation to reach out to women and ensure justice to all Iraqis as the proceedings move ahead. Until now, there have been no indictments brought on sexual violence. The IHT Judges have, however, taken testimony from rape victims and have pledged to use international law in their opinions on these cases.

Iraqi Judges Trained on International Law and Crimes of Sexual Violence

The National Lawyers Guild publishes an article by Olivia Kraus titled "Iraqi Judges Trained on International Law and Crimes of Sexual Violence".

This article describes the training the GJC provided for Iraqi IHT judges and women leaders. It was organized in conjunction with the Women's Alliance For a Democratic Iraq (WAFDI). The purpose of the training was to bring these two groups together, and also to impact the way the Iraqi judges saw gender crimes and gender equality.

The article gives background for the event, and then describes it and its consequences.

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