Criminal Justice Working Group – C4JR

Coalition for Just Reparations (C4JR)

Iraq is where the terror started for us, Yazidis; It is from where most ISIL leaders are from; It is where we were killed or abducted from. If ISIL members are not prosecuted in Iraq, then where will they be prosecuted? It is important that this justice takes place in Iraq, only then will we be able to trust our country again. We have been waiting for this for eight years, until when will we need to wait?

– The Yazidi Survivors Network

Background, Purpose & Aspirations

This Position Paper was the outcome of ten months of intensive discussion between C4JR members aimed at identifying principles on which the long overdue criminal accountability mechanism for ISIL should be based. The discussion was informed by the views of survivors and by past experiences of accountability processes for atrocity crimes in Iraq, and grounded in Iraqi as well as international law and best practices. Its purpose is to bring in fresh momentum to the pursuit of criminal accountability for international crimes committed by ISIL in Iraq by delineating best international practices on involving survivors and respecting their rights and needs during criminal proceedings against the perpetrators. The position paper also strives to put forward concrete solutions, rather than general demands, on how to respect and acknowledge individual survivors, their families and communities in the prospective criminal proceedings.

Basic Demands

The Iraqi authorities should act immediately to

Incorporate genocide, crimes against humanity, and war crimes into national law.

Establish a survivor-friendly criminal accountability mechanism meeting international standards with jurisdiction over international crimes committed by ISIL.

Importance

It’s important to do the above for the following reasons

In order for Iraq to comply with its international obligations to exercise criminal jurisdiction over those responsible for international crimes including genocide, crimes against humanity, and war crimes.

To accurately capture the nature and extent of the crimes committed by ISIL from 2014 until 2017, including sexual violence and crimes against children: while German courts have convicted two ISIL members on genocide charges, including an Iraqi national; an Iraqi court has yet to do so.

To promote a survivor-centered justice approach where survivors’ voices can be heard to facilitate healing.

FAQ

Answers to common questions.

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