Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
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The Crime of Genocide and the Achievement of International Justice (Documentation and Accountability): The Crimes of the Terrorist ISIS Gangs against the Yazidi Component as a Model
هل تتطلب جريمة الابادة التي ارتكبت منذ 11 عاماً توثيقاً اكثر مما توصلت اليه تحقيقات السلطات العراقية المختصة، بعد ان طردت فلول داعش من المناطق التي احتلها بعد اجتياحها!حيث قامت لجنة (يونيتاد) ( UNITAD-Iraq)التي تشكّلت بموجب قرار مجلس الأمن رقم 237/2017 وذلك بمساعٍ مشتركة بين العراق والمملكة المتحدة،لمساعدة السلطات العراقية المختصة في حفظ وتخزين الادلة على جرائم داعش الهمجية،والتي ومن دون أي تردّد تُصنًف بـ "جرائم حرب وجرائم ضد الانسانية،وجرائم إبادة". وقد قامت اللجنة المذكورة بما هو مطلوب بالتعاون مع السلطات العراقية،لكن لكثرة تلك الجرائم والتي ارتكبت على نطاق واسع من شمال العراق،لم تنجز اللجنة ما هو مطلوب منها،لذا مدّدَ مجلس الأمن مهمة هذه الهيئة الأممية بموجب القرار 2544 تاريخ 18 ايلول 2020،لمتابعة التحقيق، والتوثيق للوصول الى المساءلة عن جرائم عصابات داعش، التي ارتكبتها بحق الايزيدين!وقد اقتصر التمديد على سنة واحدة،ورحبت الحكومة العراقية على لسان مندوبها (السفير محمد حسين بحر العلوم) بهذا التمديد وطالبت بتفعيل التعاون الدولي لجهة تبادل المعلومات حول تحركات الارهابيين تمهيداً للتصدي لهم.
Crimes of the ISIS Terrorist Organization
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The Admissibility of Images and Videos on Social Media in Proving Genocide in the Gaza Strip
This study aimed to determine the admissibility of images and videos on social media in proving genocide in the Gaza Strip. The researcher used a descriptive-analytical approach, analyzing the provisions of the Rome Statute of the International Criminal Court (ICC) of 1998 and the ICC Rules of Procedure and Evidence of 2002. The study reached several conclusions, most notably that the ICC Prosecutor, before initiating an investigation based on information derived from images and videos, must verify the credibility of that information. Images and videos on social media are considered digital evidence in criminal proceedings before the ICC. The ICC has discretionary power to assess the relevance and admissibility of images and videos on social media, and to determine their evidentiary value as digital evidence. The study recommended several measures, most notably that the Palestinian government establish a digital documentation center where citizens can submit images. And videos containing information about genocide crimes to him
The Criminal Legal Framework for Classifying ISIS's Actions in Iraq as Genocide
Genocide is one of the most serious crimes against humanity, targeting the destruction of human groups based on national, ethnic, or religious identity. ISIS committed horrific crimes against religious minorities in Iraq, including the Yazidis and Christians, encompassing mass killing, forced displacement, sexual enslavement, and destruction of religious sites. This research examines the international legal framework for genocide under the 1948 Convention and the 1998 Rome Statute, analyzes the applicability of its legal elements to ISIS's conduct in Iraq, and identifies the criminal responsibility of perpetrators and the available international mechanisms for achieving justice.
International Efforts to Document Genocide Crimes in Iraq: The Role of the United Nations and Non-Governmental Organizations
Genocide constitutes one of the gravest international crimes threatening the existence of national, religious, and ethnic groups. Iraq witnessed horrific manifestations of this crime after 2014 through the atrocities committed by the Islamic State (ISIS) against minority communities, particularly the Yazidis. These violations underscored an urgent need for effective documentation mechanisms capable of preserving evidence, ensuring accountability, and preventing perpetrators from escaping justice. The United Nations has played a pivotal role in this regard through the international legal framework governing genocide prevention, alongside the efforts of its mission in Iraq (UNAMI) and the reports of the Office of the High Commissioner for Human Rights (OHCHR). A central milestone was Security Council Resolution 2379 (2017), which established the investigative team UNITAD, mandated to collect and preserve evidence in accordance with international standards of justice. In parallel, international non-governmental organizations such as Human Rights Watch and Amnesty International contributed significantly to uncovering facts and producing human rights reports. Likewise, Yazidi-focused organizations—such as Yazda and the Nadia Murad Initiative—played an essential role in documenting crimes and conveying survivors’ testimonies to the international community. Despite the challenges surrounding witness protection and coordination of evidentiary procedures, the convergence of efforts between the United Nations and non-governmental organizations forms a fundamental pillar for strengthening legal accountability and preventing the concealment of atrocities. This cooperation reaffirms the centrality of documentation as a vital tool for achieving transitional justice in Iraq.
The Moral Element of the Crime of Genocide and the Challenges of Proving “It Palestinian Case Study”
This research aims to study the moral element in the crime of genocide, especially the special criminal intent in this intentional crime, and the challenges that make proving it extremely complex in the Palestinian case. This research followed the descriptive analytical approach. The research problem lies in the main question: How can the moral element, especially the special intent, in the crime of genocide be identified and proven in the context of the Palestinian situation? What are the challenges of applying the rules of evidence associated with it? The research reached the following conclusions: The moral element is considered the essential element in describing the crime of genocide, especially proving the special criminal intent that distinguishes it from other international crimes. Proving the moral element, especially special criminal intent, in the crime of genocide requires adopting an approach that combines behavior analysis, government policies, military documents, and speeches of incitement. The study recommends calling on the Palestinian Ministry of Foreign Affairs, in cooperation with the Ministry of Justice, to establish a national body for international criminal documentation that would collect evidence related to international crimes, particularly genocide, in accordance with the procedural and evidentiary rules adopted before the International Criminal Court. Calling on the Palestinian Ministry of Justice and the International Crimes Prosecution to prepare comprehensive legal files on the crime of genocide, based on evidentiary evidence derived from an analysis of the inflammatory rhetoric of Israeli leaders and officials, the long-standing policies adopted against the Palestinian people, and the patterns of criminal acts. Calling on the State of Palestine to form international alliances with countries that support the rights of the Palestinian people and international justice to confront the Israeli narrative and break the political hegemony that Israel uses to justify genocide.
The Effectiveness of International Criminal Justice in Confronting the Crime of Genocide: The Genocide Committed Against the Yazidis in Iraq as a Case Study
This research investigates a structural problem in the contemporary international criminal justice system by examining the systematic contradiction between the principle of individual criminal responsibility -- the cornerstone of international criminal law -- and the collective, organized nature of major international crimes, particularly genocide. The research hypothesis posits that the principle of individual responsibility, despite its philosophical and moral necessity to avoid collective punishment, creates a structural justice gap when applied to crimes committed by entire states or organizations against large human groups. Through a case study of the Yazidi genocide in Iraq (August 2014), the research demonstrates a dual deficiency in the international system: jurisdictional deficiency resulting from Iraq's non-adherence to the Rome Statute and the absence of Security Council referral, depriving the International Criminal Court of jurisdiction; and a deeper structural deficiency represented by the inadequacy of the individual accountability mechanism -- even when available -- to address collective crimes of the magnitude experienced by the Yazidis (approximately 5,000 killed, over 6,800 abducted, 200,000 displaced). Based on a critical analytical methodology combining legal positivism, philosophical analysis, and comparative historical method, the research concludes that the ontological contradiction between individual responsibility and collective criminal action undermines the effectiveness of the international penal system and frustrates the achievement of its two primary objectives: corrective justice (redress for victims) and general deterrence (prevention of crime repetition).
Effectiveness of International Judicial System
Internationalization of Domestic Crime in Iraqi Law (Crimes against Yazidi Women as a Case Study)
The research addressed the phenomenon of countries resorting to internationalizing national crimes committed on their territory by transforming them into international crimes and the implications of this designation on them. It also addressed the position of the Iraqi legislator on this phenomenon in the texts of the Yazidi Survivors Law No. (8) of 2021, as it is considered the first legislation in which Iraq internationalized the crimes that occurred during the control of the ISIS terrorist organization over parts of Iraq. In it, the legislator described the crimes of this organization as international crimes and made it necessary for the perpetrators not to escape punishment by prohibiting amnesty and prohibiting the statute of limitations that would extinguish the punishment. On the one hand, it enshrined the right of the victims to redress the harm that befell them and to be compensated for the harm that befell them, in addition to their being subject to rehabilitation and social integration measures.
Yazidi Female Survivors Law No. 8 of 2021
The Effectiveness of International Efforts to Suppress the Crime of Genocide
It can be said that the crime of genocide, and the conduct it entails, constitutes a profound affront to the conscience of humanity, as it targets not only the individual as a human being but also their very humanity. This crime is driven by the highest forms of racial discrimination, aiming at the annihilation of a specific group of people for no other reason than their belonging to that group. The intention to eliminate such a group arises from a deeply rooted malice, forming a special intent that leads perpetrators to commit the crime through systematic conduct and deliberate planning. Genocide often occurs in the context of armed conflict, which adds a grave dimension to its impact, as it threatens the unity of society and its inherent diversity. The atrocities committed during many armed conflicts, which have claimed the lives of hundreds of thousands of individuals solely due to their group affiliation, have exposed the horrific nature of this crime. The world stood in shock in the face of such atrocities, prompting the international community to intensify efforts to combat, prevent, and suppress genocide. These efforts have taken the form of developing international legal instruments that define the crime and its material elements, as well as judicial mechanisms aimed at prosecuting perpetrators, ensuring accountability, delivering individual deterrence, and upholding the requirements of general deterrence to prevent recurrence. Despite the importance of these international efforts, they have not succeeded in fully achieving their objectives. Numerous conflicts that have taken place in the aftermath continue to witness horrific manifestations of genocide. This research addresses a central problem expressed through the following question: To what extent have international efforts succeeded in confronting the crime of genocide and addressing its surrounding challenges? And how effective have these efforts been in suppressing this crime?
The Protection of the Yazidi Community after the Crimes of ISIS Terrorists in Light of the Principle of Justice: An Analytical Constitutional Study
Any legislative structure requires clear rules (preventive and therapeutic) of justice that reflect virtuous morals and it embodying of human dignity and harmony with others, and with society. This requires specialized expertise in formulating legislative policy in complex societies. These rules must provide maximum benefit to vulnerable groups in times of crisis. The damage inflicted on the Yazidi community by the Terrorism can be treatment through transitional justice and the solidarity and national cohesion. The Iraqi Constitution of 2005 Contains on several aspects from transitional justice. However It did not explicitly stipulate on solidarity, especially between regions, but did stipulate national unity in several places. The Iraqi Constitution weakened from the value of justice due to the lack of specific restrictions on the types of crimes under the general amnesty. The Yazidi Victims Law No. (8) of 2021 did not include the prohibition of genocide and crimes against humanity under the amnesty provisions, while it excluded the crimes of kidnapping and enslavement only. and Despite the diversity of legal support for the Yazidi community in social life, but in political life, the Iraqi law has weakened the representation of minorities within parliaments and political parties.
Cultural Genocide of Minorities in International Law: The Yazidi Community as a Model
This community gained tragic global recognition after the genocidal attacks launched by ISIS against the Yazidis on August 3, 2014, particularly in the Sinjar region, which quickly turned into a targeted extermination campaign against the Yazidi population. Consequently, the date of August 3, 2014 entered the collective memory of the Yazidis as the seventy-fourth firman — an Ottoman Turkish term referring to comprehensive decrees issued by Ottoman rulers against the minorities of the empire. The Yazidis use this term to refer to the numerous massacres their community has suffered throughout the centuries. For a long time, the history of the Yazidis was insufficiently represented in academic scholarship. It is therefore important to understand why this people were targeted and to clarify how collective violence was perpetrated against them. Why were the Yazidis subjected to such violence? Was the 2014 genocide a rupture or rather a continuation of historical patterns? And what are the consequences of this genocide for the survivors nearly a decade after its commission?
Civil and Criminal Liability for Committing Genocide
Genocide is a crime known to humanity, and its commission increased, particularly during the First and Second World Wars. Therefore, the first court was established to try perpetrators of crimes against humanity, with the Nuremberg Tribunal. The tribunal defined international crimes such as murder, enslavement, extermination, deportation, and any acts against civilian populations before and during the war. It also defined persecution based on political, racial, or religious grounds, when such oppressive acts constitute a crime against peace or a war crime in connection with such acts. Therefore, the issue of genocide has captured the attention of jurists and legal scholars, and the international community has sought to take measures to limit and prevent these international crimes. This has been achieved by seeking international legal cover to criminalize and punish these acts. This was achieved through the conclusion of the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. However, genocide continues despite the existence of the Convention, demonstrating the shortcomings of the legal system for preventing the crime of genocide at the international and national levels, in terms of establishing appropriate mechanisms to comply with the provisions of the Genocide Convention.
The Role of Artificial Intelligence in Hindering the Implementation of International Humanitarian Law
The international system is undergoing a profound structural transformation driven by the rapid advancement of artificial intelligence technologies, particularly when integrated into military contexts and the management of armed conflicts. Autonomous weapons systems, algorithms capable of making lethal decisions, and systems that assist in intelligence gathering and analysis have become part of the reality of modern warfare. This transformation raises critical questions about the extent to which international humanitarian law, in its current form, is capable of regulating the conduct of belligerent parties and ensuring compliance with the fundamental principles established to protect civilians and reduce human suffering. This research examines the impact of artificial intelligence in hindering the implementation of international humanitarian law by analyzing a set of key manifestations, most notably: the increased complexity of the principle of distinction and the difficulty of applying proportionality during attacks, the absence of effective human oversight, algorithmic opacity, and the fragmentation of legal responsibility chains. The study also addresses the structural gaps within the framework of international humanitarian law in relation to rapid technological development, in addition to challenges related to accountability, transparency, bias, and the lack of interpretability. The research concludes with the necessity of reassessing the international legal framework and developing new approaches that align with the nature of smart weapons and autonomous systems, to ensure that artificial intelligence does not become a tool that amplifies violations rather than a means of ensuring compliance with the law.
Implementation of the Principles of International Humanitarian Law
The Role of Private Law Rules in Mitigating Collective Harm between Symbolic and Specific Compensation: A Comparative Analytical Study of ISIS Damages against the Yazidis
This study places private law at the core of post-conflict justice, treating contract and property as social memory to be restored. From Nineveh—where coercion and registry manipulation marked 2014–2017—we propose an exceptional civil framework that reorders proof and outcomes: a conclusive presumption of duress for transactions made under coercive control, and a period of suspicion that suspends the reliability of entries created then and opens simplified challenges. Where free will is absent, legal effect collapses—and restitution in kind takes precedence over money. Relief moves from paper to an executable restitution program: abatement of interference, handover of the premises with inventories and utilities reconnected within 72 hours, and registry correction with a temporary deal-lock to prevent recycling of harm. Long-running contracts are re-balanced—fair price restored, obligations recalibrated—while an account of profits channels unlawful yields into a neighborhood restoration fund. The toolkit is grounded in Iraqi provisions on specific performance, astreinte-style penalties, and evidentiary weight of official records, reinforced by German/French comparative doctrine and housing-land-property restitution standards. Because the harm is collective, the paper deploys class-style civil tools and technical judicial oversight (GIS, utility records, ecclesiastical ledgers), and proposes a Commission for Real Property Claims – Nineveh (CRPC–Nineveh) issuing fast, enforceable and registrable decisions, powered by a three-track finance (forfeitures, public appropriations, international support). Alongside in-kind restitution, institutionalized symbolic measures (a property memory register, living plaques, an annual trust index) sustain the remedy’s impact. In sum, private law becomes a technology of rebuilding trust: a door reopens, a ledger is corrected, and a neighborhood breathes again.
Criminal Responsibility for the Crime of Genocide and the Penalties under National and International Law
Genocide is considered one of the most serious international crimes, threatening global peace and security. Iraq witnessed horrific atrocities after 2014, particularly against the Yazidi community by ISIS, involving mass killings, slavery, rape, and forced displacement. This paper examines the penalties for the crime of genocide under Iraqi legislation compared to international law, highlighting legislative gaps and emphasizing the need to implement international norms to ensure justice for victims.
The Evaluation of the Most Suitable Systems of Civil Liability To Compensate Victims of the Crime of Genocide According to the Iraqi Civil Code/ A Comparative Study With Some Well-Established Standards in the Comparative Law
This article of research is concerned with studying as well as evaluating the most suitable civil liability system for compensating the victims of the crime of genocide from the damage resulting from genocidal acts, according to the rules of the Iraqi civil Code No. (40) of 1951. In comparison with some well-established standards in the comparative law, particularly the English law, the most important of which are the reasonable foreseeability of the risk standard, and the standard of the created non-reciprocal risk. This study evaluated three types of the civil liability systems, to identify the most appropriate legal system for compensating the victims of the crime of genocide. These systems are the civil liability arising from personal acts, according to the general rules in articles (204) and (202) of the Iraqi civil Code. The vicarious liability of the genocidal acts can also arise. Whereas the third system is the strict-liability, which is based upon the damage, according to the first article of the law on compensation for victims of war operations, military Errors, and terrorist operations No. (20) of 2009. This system of civil liability is known in the Islamic jurisprudence as the principle of the "Cujus est commodum ejus debet essse incommodum", and in the western jurisprudence as the theory of the "created risks". This legal system may be the best for in compensating the victims of the crime of genocide. The problem of the research lies in the determination and evaluation of most suitable civil liability system for compensating victims of the crime of genocide, war operations, military errors and terrorist operations according to the Iraqi law. This study has adopted the analytical comparative research methodology. The main finding of this study is that the strict-liability may be the best system of the civil liability to compensate the victims of the crime of genocide. With the possibility of making use of the two legal standards of the comparative law. The researcher suggests some relevant recommendations to the Iraqi legislator.
Civil Liability from Personal Genocidal Acts
Genocide or Terrorism? Iraq’s International Legal Obligations in Prosecuting ISIS Fighters
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.
The Role of the International Criminal Court in the Evolution of the Principles of International Criminal Law on the Crime of Genocide.
Genocide,‍‌‍‍‌‍‌‍‍‌ as the most extreme form of destruction of human groups, has been one of the major threats to international law and its structures, peace, and security throughout history. The​‍​‌‍​‍‌​‍​‌‍​‍‌ global community has been seeking a legal framework for the punishment of the offenders and the assurance of non-repetition of such crimes since the 1948 Genocide Convention. The establishment of the International Criminal Court (ICC) by the 1998 Rome Statute was a significant moment in the system of international criminal law, particularly in the areas of specifying genocide, setting the evidential standards and clarifying individual criminal ​‍​‌‍​‍‌​‍​‌‍​‍‌responsibility. This study examines the ICC's influence and reviews the landmark cases in Darfur and Myanmar. It also considers their legal and theoretical impact on the evolution of genocide law. Besides, the research discusses the issues of the ICC's legality and politics in the case of genocide trials. The problems discussed are proving the case, getting international cooperation, and the resistance of some governments to participate. By means of a comparative analysis, the paper proposes various measures through which the Court could be more effective in the prevention of genocide, thus international justice and human dignity would be ‍‌‍‍‌‍‌‍‍‌furthered.
Committing genocide Using Artificial Intelligence Techniques
Throughout history, the international community has been exposed to many fierce wars, which has increased interest in the provisions of human rights and international humanitarian law. This is in light of the political, economic and social changes the world is experiencing, and the significant increase in victims resulting from these wars, especially in our Arab region, which is witnessing a series of armed conflicts and disputes. The International Criminal Court is the primary mechanism for prosecuting perpetrators of extremely serious crimes against the international order. The Court complements national criminal jurisdictions, and its jurisdiction and modus operandi are subject to the provisions of the Rome Statute of 1998. This represents the culmination of years of effort and the determination of the international community to ensure that those who commit serious crimes do not escape punishment. Genocide is one of the most serious international crimes, and one that raises the concern of the international community due to its dire consequences and catastrophic effects. This crime has caused enormous human losses when it invaded vast areas of the world, especially in the current century, which is described as the century of genocide. The crime of genocide has shocked the conscience of humanity, the essence of the global public order, and human dignity at its core, as a result of the horror of the heinous crime and the enormity of its abhorrent acts, which have been recorded in black ink in the annals of history. The tendency toward tyranny, domination, and arrogance has led brutal criminals to oppress and deprive the honorable and weak of their right to life. They have mercilessly and relentlessly exterminated entire sects and groups of people, despite the fact that these victims had not committed any crime or sin other than belonging to an ethnic, racial, or religious group. The bloody events currently taking place in the occupied Palestinian territories following October 7, which have resulted in thousands of Palestinian deaths and injuries, most of whom are women and children, is clear evidence of this. With the advancement of technology and the penetration of computers into all fields, artificial intelligence has become an integral part of it, with expectations of a significant dominance in the coming period, despite the many negative ethical implications of the increasing reliance on such technology, whether security, economic, or social. Hence, the need to establish legal rules commensurate with the nature of this technology, which is expected to prevail worldwide. In this context, military industries have been influenced by the gains in knowledge and technology, the resulting developments, the search for the best military means, and the reliance of modern weapons on technology and contemporary knowledge to perform their tasks. Electronics are employed for precise guidance, command, and control, and systems supported by artificial intelligence continuously monitor networks, detect electronic attacks, and respond to them quickly through autonomous systems capable of carrying out surveillance and reconnaissance missions. Therefore, it can be said that the development of artificial intelligence systems is significantly impacting various security and military sectors, whether in forecasting, reconnaissance and surveillance operations, or even weapons and combat and military tools. Wars and military battles are closer than ever to the stage of lethal algorithms, those autonomous weapons that rely on artificial intelligence technologies, such as robots, tanks, submarines, and combat drones that are programmed independently to interact, engage, and kill during military battles, without human intervention. These include semi-autonomous unmanned vehicles that are remotely controlled by a joystick, as if war were a video game. Therefore, the development and adoption of artificial intelligence by armies and armed movements represents a radical shift in the nature of conflict and competition, paving the way for a new era of warfare characterized by unprecedented capabilities.
Legal Actions Arising in the Context of Genocide -A Study In Light of the Philosophy of Iraqi Civil Law-
The will represents the essence of a legal act and the legal basis for its existence. In order for a legal act to be legitimate in producing its legal effects, it must emanate from a free, conscious, and enlightened will. Since genocide undermines this essence of a legal act and destroys the basis of its legal existence due to the collective fear it arouses, which nullifies freedom and will, the individual, under the shadow of genocide, becomes an unfree being seeking survival. His need for survival may drive him to conclude legal acts that are not based on free will, but rather on awe and fear. These legal acts thus lack their legal basis and essence, and thus lose their legitimacy and do not produce their effects. This necessitates the recovery of personal and property rights that have been transferred from one's responsibility to others under the weight of fear aroused by genocide.
International Criminal Responsibility for ISIS Crimes against the Yazidi Component
This research examines international criminal responsibility for the crimes committed by the terrorist organization ISIS against the Yazidi community in light of the Rome Statute. Its importance stems from the gravity of the crimes committed, which have shaken the contemporary human conscience, including gross violations of human rights amounting to genocide and crimes against humanity. It also addresses the means of achieving national and international criminal justice. The research problem is represented by the following question: What is the criminal responsibility for the crimes committed by ISIS against the Yazidi community? And to what extent can they be characterized as international crimes committed in Iraq during the control of this terrorist organization? The research adopts the analytical-comparative-legal approach, by analyzing the relevant texts in the Rome Statute and comparing them with the documented facts of ISIS terrorist crimes against the Yazidis. This approach aims to determine the legal basis for international criminal accountability and highlight the challenges hindering its implementation in the Iraqi case. The research reached a number of conclusions and recommendations, most notably: The crimes committed by the terrorist organization ISIS meet the legal elements of an international crime, with their material and moral requirements. The material element is embodied in the acts of murder, enslavement, and forced displacement, while the moral element is represented by the specific criminal intent aimed at destroying a specific religious group. The research also concluded that the International Criminal Court (ICC) has, in principle, a specific mandate to consider these crimes. However, its practical application faces legal and political constraints resulting from Iraq's failure to join the Rome Statute and the absence of a referral resolution from the UN Security Council. This necessitates Iraq's accession to the Rome Statute or its acceptance of the ICC's jurisdiction under Article 12/3 of the Statute. It also requires strengthening national efforts to document crimes and incorporates them into domestic legislation, ensuring criminal justice, and redress for victims, and consolidating the principle of non-impunity.
Activating Transitional Justice Mechanisms and Their Role in Achieving Civil Peace in Iraq (The Yazidi Component as a Model)
With the In the pre-2003 era, Iraqi society suffered from authoritarian rule, political violence, gross violations, repression, and enforced disappearances. This created the need to establish effective legal and social measures to address the spillovers and repercussions of the past. This was embodied in the establishment of a group of institutions that took it upon themselves to address these residuals by implementing transitional justice mechanisms to achieve civil peace. Through these mechanisms, it was necessary to work to activate them politically to uncover the truth, enforce accountability, prevent impunity, and pursue institutional reform. Economically, it was necessary to compensate victims and their families. Culturally, culture played a prominent role in preserving civil peace through its connection to human memory, commemorating memories, and glorifying sacrifice through various initiatives.
Between Recognition and Neglect: An Assessment of the Yazidi Survivors Law in Iraq's Reparation for Genocide Victims in Light of International Standards
This research analyzes the Yazidi Female Survivors Law (2021) as landmark legislation for compensating victims of sexual violence and genocide in Iraq, aiming to assess its compliance with comprehensive reparations principles under international standards. The core problem lies in the procedural hurdles and legislative constraints that impede the realization of full justice. The most significant finding is that while the law achieved symbolic recognition and partial financial reparations, it faced severe procedural limitations (such as mandating a criminal complaint) and a legal conflict over granting identity to survivors’ children, undermining the full restitution of their rights. Consequently, the most critical recommendation is directed at the Iraqi Legislator to abolish the criminal complaint requirement and adopt the principle of good faith to ease the burden of proof, and at the International Community to provide support for resolving the civil identity issues of survivors’ children to secure their rights.
The Yazidi Genocide: Between Legal Text and Judicial Implementation: A Study of the Iraqi and International Experience
The Yazidi minority in Iraq suffered one of the gravest crimes in modern history, through by the attack launched by armed terrorist groups in 2014, during which acts amounting to the crime of genocide were committed according to the 1948 Genocide Convention. These crimes included systematic killing, enslavement, forced displacement, and sexual violence, particularly against women and children. This study examines the international legal framework for the crime of genocide and its elements, analyzing its applicability to the crimes committed against the Yazidis and highlighting the challenges of proving the Mens Rea and "special intent" on the part of the perpetrators. The study also reviews judicial practices at the national and international levels, including trials in Iraq, which were often conducted under terrorism charges, compared to trials in some European countries that explicitly described the acts as "genocide." The research aims to assess the gap between legal text and practical application, and to propose solutions to strengthen international criminal justice and ensure that perpetrators of these crimes do not escape punishment.
Digital Genocide Criminal Responsibility for Exploiting Cyberspace as a Means to Commit Genocidal Crimes under Criminal Law
The research highlights the phenomenon of digital genocide as one of the emerging criminal patterns in which cyberspace is utilized as a tool for committing acts of genocide through the ideological indoctrination of hatred against other identities and the digital mobilization aimed at discriminating against them and excluding them from the sphere of social participation. The significance of this study emerges from the increasing danger posed by extremist groups in their use of digital technologies, including what Iraq witnessed through the practices of the ISIS terrorist organization against the Yazidi community and other components, where such practices combined field operations with digital means in carrying out genocidal acts. The study adopts a criminal-law approach to clarify the concept of digital genocide, define its parameters, and compare it with traditional forms of genocide. It further examines the motives and factors that make cyberspace a fertile environment for the commission of such crimes—whether due to the speed of dissemination, the difficulty of monitoring, or the direct influence exerted on public opinion. The research also addresses the resulting consequences, such as the fragmentation of national and religious identity, ultimately facilitating displacement and physical liquidation. On the analytical level, the research explores the criminal classification (legal characterization) of these acts within the framework of Iraqi law, identifying gaps in national legal provisions—whether in the Penal Code or in legislation related to terrorism and cybercrimes. It also outlines the direction of criminal policy in combating this pattern of criminality in accordance with the methodology of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The study concludes that confronting digital genocide requires the development of the Iraqi legislative system, strengthening judicial and security cooperation with the international community, and establishing regulatory and legal mechanisms capable of prosecuting perpetrators and preventing the exploitation of cyberspace as a platform for genocide. It further emphasizes the necessity of imposing liability on platform owners as partners in the digital conduct carried out through their platforms—even when they do not consent to such conduct—since allowing the continuous commission of acts related to digital genocide places them within the scope of criminal responsibility.
Genocide against the Yazidis A Legal Study on Victims’ Suffering and the Accountability of ISIS
This paper examines the crime of genocide from both a legal and humanitarian perspective, with a specific focus on the atrocities committed by ISIS against the Yazidi community in Iraq since 2014. These crimes—including mass killings, sexual enslavement, and forced displacement—constitute a clear instance of genocide under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The study analyzes the international legal framework defining and criminalizing genocide and assesses its applicability to the Yazidi case, emphasizing the centrality of victims in the pursuit of international criminal justice. It also evaluates the accountability mechanisms available, including the International Criminal Court, ad hoc tribunals, and the exercise of universal jurisdiction by national courts (such as those in Germany). The research highlights the major challenges to accountability, including Iraq’s non-accession to the Rome Statute, deficiencies in domestic legislation, and practical barriers to evidence collection and witness protection. Finally, the paper offers recommendations for enhancing accountability through the adoption of domestic legislation aligned with international law, greater international judicial cooperation, and the promotion of transitional justice mechanisms to ensure reparations for victims and the prevention of future atrocities.
Yazidi Genocide (Accountability and Prevention)
Genocide is known as the "crime of crimes" because of its severity. It targets entire groups and has catastrophic consequences for humanity and human dignity. On august 3,2014, ISIS terrorist gangs launched a devastating attack on the yazidi community in sinjar, northwest Iraq. ISIS carried out mass executions and forcibly transferred thousands of yazidi captives to syria. yazidi boys as young as seven were trained for combat roles and suicide missions. ISIS also subjected yazidi women and girls to enslavement, torture, inhumane treatment, murder, and rape as part of their genocidal campaign. On its eleventh anniversary, this crime continues to raise fundamental questions about the devastating consequences of inadequate protection and impunity. it underscores the urgent need for justice and collective action to prevent the recurrence of such atrocities by identifying and monitoring risk factors, recognizing early warning signs of genocide, and prosecuting ISIS for genocide local and international communities have recognized to some extent the urgent need to assist the yazidis in their recovery, however, significant efforts are still required to ensure the long-term peace and well- being of this group. Accordingly, this research presents a definition of genocide in the first section, while the second section will outline the mechanisms available for holding ISIS accountable for genocide and ways to prevent the crime.
Genocide and Reconstruction between International Law and Humanitarian Responsibility
Genocide is one of the most serious international crimes and among the gravest threats to international peace and security, as it causes massive violations of human rights and deep destruction to the social and economic structures of states and societies. The international community early recognized the gravity of this crime and its catastrophic consequences; therefore, it adopted the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 as the first binding international instrument that established a clear legal framework for criminalizing such acts and determining the resulting international responsibilities. This convention became a fundamental turning point in the development of international criminal law. The impact of genocide does not end at the moment of its commission; it extends to its aftermath, when affected societies face numerous post-conflict challenges, foremost among them the process of reconstruction. This process has become an international obligation that complements efforts aimed at preventing the recurrence of such crimes and ensuring the consolidation of transitional justice. Accordingly, this research aims to examine the international legal framework governing the crime of genocide, both in its conventional and customary bases, and to analyze the international responsibility arising therefrom. It also addresses the obligations of the international community in the post-genocide phase, particularly those related to reconstruction and ensuring that the perpetrators of such crimes do not escape punishment.
International Legal Framework for the Use of Artificial Intelligence Technologies in Documenting and Preventing Genocide Crimes
The use of artificial intelligence–powered technologies within the framework of international law represents a significant turning point in global efforts aimed at preventing and documenting crimes related to genocide, which is considered one of the most heinous crimes targeting humanity as a whole. Since the adoption of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the primary challenge facing the international community has remained the ability to intervene early to prevent the commission of the crime, in addition to documenting it accurately in a manner that ensures the accountability of its perpetrators. Today, artificial intelligence offers advanced capabilities in monitoring hate speech, analyzing big data, and early detection of dangerous indicators, as well as enhancing the admissibility of digital evidence before international courts. However, these capabilities raise numerous legal and ethical issues, including the legality of AI-generated evidence, ensuring its neutrality and reliability, and the need to establish a regulatory legal framework governing its use. Consequently, this study aims to analyze this legal framework and explore mechanisms for its development in a way that achieves a balance between technological effectiveness and the protection of human rights.
The Dual Impact of Artificial Intelligence Technologies on the Crime of Genocide
The dual impact of artificial intelligence (AI) on genocide lies in its potential to serve either as a tool for preventing mass atrocities or as a means to facilitate their commission. On the one hand, AI can contribute to the early detection of genocide indicators through big data analysis, monitoring hate speech, and identifying patterns of violence before they escalate. AI has become a modern field of global interest, as it is expected to play a significant role in the future of humanity. It focuses on designing machines that exhibit intelligent behavior similar to humans, enabling the international community to intervene to prevent crimes. By employing machine learning techniques, AI can accurately document violations and collect forensic evidence to support international justice. While new technologies and modern technical applications offer numerous advantages—saving time and effort, reducing costs, and increasing efficiency—they also carry significant risks. AI poses considerable dangers when used in international crimes, as it could target human groups without direct human supervision, thereby undermining the principle of legal accountability. Furthermore, AI applications may be exploited for propaganda or to identify vulnerable minority groups through the analysis of large-scale digital data. Thus, AI represents a double-edged sword: while it can enhance human security and prevent international crimes, it can also become a powerful tool for committing them if misused or left without clear legal regulations.
International Efforts to Document Genocide Crimes
Genocide is the first and most serious of the four major crimes stipulated in Article 5 of the Statute of the International Criminal Court. It is a heinous crime against humanity that aims to destroy, in whole or in part, a group of people because of their membership in a particular ethnic, religious, national, or racial group. It is one of the most horrific crimes that a person can commit against another person. The study aims to define the crime of genocide, its pillars, explain the most important agreements that address the crime of genocide, clarify the pillars of this crime, and impose penalties for this crime. Since the aim of the study is to shed light on the crime of genocide, this research relied on the analytical approach by presenting and analyzing the rules of international humanitarian law and international criminal law, and the descriptive approach to clarify international legal theories and rules related to this horrific crime. The research will conclude with the findings and recommendations of this study.
Criminal Responsibility of ISIS for the Religious Identity Change of Yazidi Children and Mechanisms of Reparations: A Study in Light of Iraqi Law
Preliminary Opinion: The crime of altering the religious identity of Yazidi children constitutes one of the most serious manifestations of collective human rights violations, as it transcends the limits of individual assault to strike at the very core of an entire community, targeting its religious and cultural identity. From a legal perspective, these acts represent a deeply rooted threat to the essence of the human community and its right to exist, elevating them to the level of genocide under international law, in accordance with the provisions of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and the Statute of the International Criminal Court. At the national level, Iraqi criminal law affirms that such acts fall within the scope of genocide, holding perpetrators criminally responsible, whether they are individuals or organizations. It has been further argued that classifying the crime of altering religious identity as a criminal offense—considering freedom of religion as a constitutionally and legally protected right—is not merely a legal obligation, but an urgent necessity recognized in all divine and positive legal systems. However, criminal justice is not fulfilled by punishment alone; it also requires effective mechanisms for reparation, including the restoration of the children’s religious identity, the provision of psychological and social care, as well as material and moral compensation
Criminal Confrontation of Hate Crimes via the Metaverse A Study in Light of the Yazidi Genocide
This research examines the criminal confrontation of hate crimes committed through the Metaverse, a vast electronic sphere that enables incitement to hatred and the ideological justifications of terrorism aimed at excluding religiously and ethnically different groups from social participation. The significance of the study lies in addressing a novel issue and highlighting a new pattern of organized crime in the post-globalization era, by linking technological developments to criminal liability and exploring mechanisms of national and international response. The research problem centers on whether existing criminal laws are capable of addressing hate crimes within the Metaverse, and what lessons may be drawn from the Yazidi genocide perpetrated by the terrorist organization ISIS, which relied on ideological indoctrination through cultural and media tools, exploiting cyberspace to promote the exclusion of “the other” from the social sphere. To address this problem, the study adopts a descriptive-analytical and comparative methodology, analyzing provisions of national criminal law and relevant international conventions, while comparing them with the realities of the Yazidi genocide, which demonstrates how hate speech can escalate into genocide. The study concludes that current legislative frameworks are insufficient to combat hate crimes in emerging virtual spaces. It therefore calls for a specific legal framework for the Metaverse, strengthened mechanisms of international cooperation, and precise digital evidentiary rules. Moreover, the Yazidi genocide provides a critical reference for understanding the dangers of digital hatred and the necessity of addressing it within the Metaverse itself before it evolves into virtual genocide.
The Impact of Artificial Intelligence on Genocide: Opportunities and Risks
Artificial intelligence (AI) is one of the most significant technological achievements of the modern era, with its applications expanding to both military and civilian sectors. However, this remarkable innovation poses serious legal and ethical challenges, particularly concerning genocide, a grave international crime. Genocide targets a specific group based on nationality, ethnicity, race, or religion, and can be perpetrated using AI technologies through weapons, AI-equipped robots, or biased algorithms that can carry out systematic killings amounting to genocide. On the other hand, AI can play a crucial role in the early detection of genocide by analyzing big data and providing accurate information or digital evidence that supports the identification of perpetrators. This research highlights the dangers facing humanity from the use of AI technologies in crime, especially genocide, while also exploring its potential as a vital tool for crime prevention and achieving justice.
The Crime of Genocide: Between Text and Reality In International Law (The Palestinian Reality As A Model)
Genocide is one of the most serious types of international crimes due to its negative consequences for all of humanity. Its seriousness is evident in that it threatens an entire group or groups for national, ethnic, religious, etc. reasons, Due to the large number of violations and serious practices witnessed in some regions of the world, especially after World War II, they gained the attention of legal and jurisprudential figures, and were subsequently framed at the international level, as the efforts of the international community focused on seeking to find an international legal cover to criminalize and punish acts of genocide, As a result, the Convention on the Prevention and Punishment of the Crime of Genocide was concluded in 1948, and interest in reducing this crime has continued, as this has been emphasized by countries’ efforts to establish an international criminal court competent to try persons who commit international crimes, including genocide, This resulted in the establishment of the International Criminal Court, as well as the establishment of special international criminal courts for this purpose. However, despite the existence of international agreements and international criminal courts, the crime of genocide continues to occur, and the closest realistic case is the genocide being committed by the Zionist entity against the Palestinian people, Indiscriminately targeting civilians and protected objects in clear violation of international law, which prompted South Africa to file a lawsuit before the International Court of Justice on the basis that the basic principles and standards of international law, such as the prohibition of genocide, are obligations towards all (erga omnes) Violation of these obligations is considered a crime against the international order, which gives any state the right to take the necessary measures to ensure that such violations are prevented.
Iraqi Civil Justice between the Specific Text (The 2009 Compensation for Victims Law) and the General Rules of Tort Liability in Compensating Victims of the Yazidi Genocide
Compensating victims of mass violations, particularly the genocide of the Yazidi community, represents one of the fundamental pillars of achieving transitional justice and restoring dignity to victims. The Iraqi legislator has sought to address this issue through Law No. (20) of 2009 on Compensation for Victims of Military Operations, Military Errors, and Terrorist Operations and its amendments, which provided a special legislative framework for compensation. However, this framework faced many practical and substantive challenges in terms of the limited scope of compensation and the difficulties of administrative procedures. On the other hand, Iraqi Civil Code No. 40 of 1951 establishes general rules for compensation in the context of tort liability (Articles 202–231), based on three main pillars: fault, damage, and causation. These rules provide a broader and more comprehensive basis for redressing damages, as they are not limited to material damages alone, but also include moral, psychological, and social damages, and grant civil courts the authority to assess compensation in proportion to the severity of the damage. The research aims to demonstrate the complementary role that civil justice can play by activating the general rules of tort liability to fill the gaps in the specific provisions of the 2009 Law, thus achieving a balance between the requirements of the specific provision and the requirements of civil justice. The study concludes that combining the special law and the general rules of civil liability would ensure more comprehensive compensation and safeguard the rights of victims of the Yazidi genocide, and would enhance community confidence in the Iraqi judicial and legislative system.