Kurdistan Center for International Law (KCIL) in collaboration with
the Public Information and Outreach Section of the International Criminal Court
(the ICC) on 15th Feb. 2021 organized a virtual meeting for twenty
Kurdish scholars, lawyers, law practitioners, and law students with the
ICC. The Kurdish delegate was welcomed by Ms. Giovanna Rosso then she
introduced the functioning of the ICC, and its jurisdictions to the Kurdish delegate.
During the meeting, KCIL submitted a letter to the president and
the prosecutor of the ICC, KCIL asks the Court as the first and the only
permanent international court with having jurisdiction to prosecute individuals
for responsibility of core international crimes, which plays a crucial role for
bringing justice for the victims and ending impunity, to focus on the victims
of the most serious crimes in Kurdistan as a defenseless and the biggest nation
around the world without their own state.
The letter explains situations of the people of Kurdistan which “since
1920s by the Treaty of Lausanne and the Treaty of Sykes–Picot which were
imposed by the then superpowers against the will of the people, denied them the
right to self-determination, divided them, and annexed them to four non-Kurdish
states”. The letter specifies some crimes in recent history, says “the
principles and the rules of international criminal law have been violated to
persecute the people of Kurdistan. Such violations have included the crime of
genocide, crimes against humanity and war crimes. The people of Kurdistan
suffered from the Anfal campaign, chemical attack, ethnic cleansing, brutal
repression, denial the right to citizenship, mass displacement, mass
atrocities, military adventurism, cultural destruction, destruction of
livelihood, arbitrary arrest, torture, enforced disappearance, pillaging, and sexual violence by states and non-state actors. It is also including the
deprivation of political, civil, cultural, economic, and social rights,
prohibition of their own language and their national events. All these heinous
crimes which mostly prohibited under the Rome Statute”, then KCIL asks the ICC
to be the voice of the valuable people and extends its jurisdiction and
triggering mechanisms beyond the current system in order to be accessed by
every individual victim and no one shall be behind.
Another part of the discussion focused on the crimes of Daesh and
the Yazidi genocide, the legal advisor of the Office of the Prosecutor of the ICC, Mr. Rod Rastan explained in detail the cases of
the Daesh crimes and the jurisdiction of the Court in Iraq. Then the participants
asked the court for the
possibility of membership in the region and the federal governments in a state
that is not a member state of the
Rome Statute, Rod Rastan explained in detail, saying that
according to the current system of the ICC, it is
impossible that a federal region within a non-member
state to be a member state of the Rome Statute, the Kurdish delegate asked the
Court to revise the Rome Statute in order to a stateless nation to be a member
state.
It is worth mentioning that the meeting lasted for an hour and a half,
and both sides stressed that such meetings and exchanges are necessary and will
continue in the future.