Some Remarks on the Amendment of the Iraqi High Tribunal for Prosecuting ISIS fighters

Year: 2022
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All factual and legal evidence have indicated that the so-called Islamic State in Iraq and the Levant (ISIS) has committed at least the most serious international crimes: war crimes, crimes against humanity and genocide. Many international organizations have confirmed this. The Independent International Commission for Inquiry in Syria (IICIS), which was established in 2011 by the Resolution No. (S-17/1) by the United Nations Human Rights Council, as well as the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD), which was established by the Security Council Resolution No. (2379) by the request of the Iraqi government. they have proven in their reports that the ISIS has committed the core international crimes. UNITAD confirmed in its latest report No. 4 issued in May 2020, which submitted to the United Nations Security Council, it says; despite the evidence that ISIS militants have committed international crimes, but they have not been prosecuted for the core international crimes.

The IICIS in its most important report in 2016 “They Come to Destroy” confirmed that ISIS committed the core international crimes, the IICIS clearly demands to the United Nations Human Rights Council to establish a special international court for prosecuting ISIS perpetrators.

The ISIS militants who arrested by the Iraqi authorities and the Kurdistan Region authorities are being prosecuted according to the anti-terrorism laws, and this from the Center's viewpoint constitutes a real distress in proper access to criminal justice, at the same time constitutes a legislative deficiency, it is indisputable that there is an urgent requirement to address this dilemma. However, Human Rights Watch published a report “Flawed Justice and Accountability for ISIS Crimes in Iraq”, the United Nations Assistance Mission for Iraq (UNAMI) in another report “Trials under the anti-terrorism laws and implications for justice, accountability, and social cohesion in the aftermath of ISIL”, their concern about the type and form of the trials that are now taking place against ISIS, described them as biased and flawed trials. lack of national legislation to include core international crimes is the biggest obstacle, the Kurdistan Center for International Law supports the international organizations to focus on the necessity of forming an international court for prosecuting ISIS fighters.

this book includes some articles and a proposal for establishing an Hybrid court in Iraq for prosecuting ISIS fighters, the file is in Kurdish language.