Genocide or Terrorism? Iraq’s International Legal Obligations in Prosecuting ISIS Fighters
DOI:
https://doi.org/10.35246/tfdpjn84Keywords:
Genocide, Terrorism, 1948 Genocide Convention, ISIS, Sufficient-Compliance StandardAbstract
This study examines the extent to which Iraq has complied with its international obligations to investigate and prosecute the crime of genocide, particularly in relation to the atrocities committed by the Islamic State (ISIS) against multiple communities within Iraq. Building on findings issued by the United Nations and independent international bodies—which confirmed that some of the violations suffered by Yazidis, Christians, and Shia communities amount to genocide—the research evaluates whether Iraq’s practice of prosecuting perpetrators solely under the “crime of terrorism” in accordance with Anti-Terrorism Law No. 13 of 2005 constitutes a breach of its obligations under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and customary international law. The study employs a comparative legal analysis demonstrating that the obligation to prosecute genocide is a distinct and specific duty that cannot be fulfilled by recharacterising the conduct under alternative offences, even if such offences may reflect serious criminality. It further discusses the “due diligence” or “sufficient compliance” standard established by the International Court of Justice, which requires States to prosecute genocide as such whenever sufficient evidence exists. The study concludes that limiting prosecutions to terrorism offences, despite their importance, may amount to a violation of Iraq’s international obligations and fails to adequately reflect the rights of victims or the unique character of the crime of genocide.
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