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Reuters: Youssef Boudlal Photo: Women and children are evacuated in a military helicopter by Iraqi forces from Amerli, north of Baghdad August 29, AFP: Ahmad al Rubaye Photo: Iraqi security forces and Turkmen Shiite fighters, who volunteered to join the government forces, hold a position on August 4, in Amerli, as the city has been completely surrounded by Islamic State militants for more than six weeks.
List of wars involving the U. Retrieved 18 October Archived from the original on 5 December Though the Security Council resolution notes that the team should complement Iraqi investigations, it is unclear how its work will, in practice, interact with ongoing investigations by Iraqi and KRG security forces, as well as other nongovernmental efforts in Iraq to document ISIS crimes. The state must exhaust all alternative options to arresting and detaining a child offender; their detention is only to be used as a last resort. Retrieved 28 April Main article: Iraqi Armed Forces.
Reuters Photo: Iraqi Kurdish Peshmerga fighters celebrate sitting on the back of a truck as they head to the Mosul dam on the Tigris river that they recaptured from Islamic State jihadists on August 17, near the northern Iraqi city of Mosul. AFP: Ahmad Al-Rubaye Photo: An image taken from a video released by Welayat Nineveh Media Office on August 9, , allegedly shows Islamic State IS militants waving the trademark jihadists flag as they inspect the grounds of the Mosul dam on the Tigris river, on the southern shores of Mosul lake about 50 kilometres 30 miles north of the city.
Reuters: Youssef Boudlal Photo: Displaced people from the minority Yazidi sect, who fled the violence in the Iraqi town of Sinjar, hold a banner as they take part in a demonstration at the Iraqi-Syrian border crossing in Fishkhabour, Dohuk province August 13, Demonstrators demanded protection and evacuation from Iraq to safer areas such as Europe and the United States.
Bomber kills 26 including police chief in Iraq city
Australian Defence Force Photo: Displaced people from the minority Yazidi sect, who fled the violence in the Iraqi town of Sinjar, hold banners as they take part in a demonstration at the Iraqi-Syrian border crossing in Fishkhabour, Dohuk province August 13, Reuters: Hamad I Mohammed Photo: Peshmerga forces hand out water bottles to displaced Iraqi families from the Yazidi community as they cross the Iraqi-Syrian border at the Fishkhabur crossing, in northern Iraq, on August 11, The aid was to be airlifted to stranded civilians fleeing militants in northern Iraq.
Ministry of Defence Photo: US Army soldier parachute riggers prepare water for a humanitarian air drop at an undisclosed location on August 6, The humanitarian aid includes bottled water and food which was delivered to displaced citizens in the vicinity of Sinjar, Iraq. Reuters Photo: Fleeing the violence, displaced families from the minority Yazidi sect walk on the outskirts of Sinjar, west of Mosul. August 5, Reuters: Wissm al-Okili Photo: An Iraqi displaced family, who fled violence in the northern city of Tal Afar, walks past tents at Khazer refugee camp near the Kurdish checkpoint of Aski kalak, on July 27, Reuters: Thaier al-Sudani Photo: Graffiti with the letter 'Noon', the first letter of the world 'Nasara', the word used in the Koran for Christians, tagged on the wall of a church in the Iraqi city of Mosul.
AFP Photo: Tanks belonging to the Iraqi security forces take part in an intensive security deployment on the outskirts of the city of Samarra, June 25, Reuters: Essam Al-Sudani Photo: Tribal fighters and members of Iraqi security forces carry their weapons as they take part in an intensive security deployment on the outskirts of Diyala province on June 16, Sunni Islamist insurgents have routed Baghdad's army and seized the north of the country in the past week.
Reuters Photo: Volunteers, who have joined the Iraqi Army to fight against predominantly Sunni militants, carry weapons during a parade in the streets in Baghdad's Sadr city on June 14, Reuters: Wissm al-Okili Photo: ISIS militants stand next to dozens of captured members of the Iraqi security forces at an unknown location in the Salaheddin province, Iraq, in a photo released on June 14, June 14, Reuters: Azad Lashkari Photo: An Iraqi soldier bodychecks men in Baghdad as they arrive to volunteer to join the fight against a major offensive by jihadists in northern Iraq on June 13, Iraqi forces have clashed with militants advancing on the city of Baquba, just 60 kilometres north of Baghdad.
AFP: Ali Al-Saadi Photo: Iraqi men who volunteered to join the fight against a major offensive by jihadists in northern Iraq stand on army trucks as they leave a recruiting centre in the capital Baghdad on June 13, Reuters Infographic: ISIS militants lead men to what appears to be a shallow grave in an unknown location. Reuters Photo: An image grab taken from a propaganda video uploaded on June 11, by jihadist group the Islamic State of Iraq and the Levant ISIS allegedly shows militants gathering at an undisclosed location in Iraq's Nineveh province.
You had your say on Abbott's call for new security measures to stop "home-grown" terrorists returning to Australia here. Australian militants in Iraq Two men identifying themselves as Australians have featured in a recruitment video released by insurgents waging war in Iraq and Syria urging others to join the fight.
Social media recruitment strategy Sophisticated use of social media has become a hallmark of the conflict in Syria and Iraq, writes Lateline's Deborah Richards. This article includes interactive enhancements which are not supported on this platform. The fall of Islamic State.
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Three reasons Islamic State will survive the death of its leader Gunfire, booby traps and an explosion: How the Baghdadi raid unfolded Who is the woman whose name was given to the military operation that took down Baghdadi? The fall of the caliphate: Islamic State once held vast territory, but finished with a tiny sliver The stumbling block to prosecuting Islamic State soldiers for their atrocious crimes In a former IS stronghold, women are leading a democratic experiment An unexpected find among those fleeing the last Islamic State enclave 'We are happy to get out of this fight': Humiliation and pain for beaten Islamic State fighters The caliphate is gone, but damage runs deep in Raqqa Australian cyber spooks reveal how they helped topple Islamic State 'I was a spoiled brat': The girl who led 25 relatives to move to Syria to join Islamic State There are five stereotypes of women, according to Islamic State.
But this is why there's no need to panic Live: South Australians advised to stay home, avoid travel and wear a mask How the Robodebt settlement softens five years of pain for welfare recipients These are the states and territories ordering SA travellers to isolate or quarantine 'Turn it off and on again? KRG forces have stopped hundreds of families fleeing ISIS-controlled areas including Hawija, 60 kilometers south of Mosul, and Tal Afar, 55 kilometers west of Mosul, for weeks or even months at a time at checkpoints, including on the front lines, citing security concerns about ISIS fighters present among them or their affiliation with ISIS, in many cases preventing their access to humanitarian assistance.
Under Iraqi criminal procedure, which remains in force in full because the government has not invoked a state of emergency, police may detain suspects only after a court-issued arrest warrant and must bring suspects before a judge within 24 hours in order to mandate their continued detention. From what Human Rights Watch has observed, security forces are often detaining individuals without a court-issued arrest warrant, not necessarily handing them over to the mandated forces or to formal detention facilities, and are not bringing prisoners before a judge within 24 hours.
During a trip to Nineveh in July , Human Rights Watch also documented the continued detention for periods of at least four months of at least a dozen ISIS suspects without warrant and without notification to family members. In apparent recognition of this, Iraqi authorities have issued two orders reminding authorities of the need to obtain warrants prior to arrest. On July 13, the Minister of Interior issued an order reminding its forces only to detain individuals in line with the criminal procedure code requiring a warrant for arrest.
After six months the case must proceed to trial. He said that all authorities also have an obligation to register those they detain in a central database but that in numerous cases, he has found individuals in detention, without their names being registered in the database, making it even harder for their families to locate them. The prosecution is charging individuals for membership in ISIS, including those who are not alleged to have committed any other crime, without any seeming strategy on how to prioritize cases.
As described earlier, ISIS forces have been responsible for a wide variety of crimes in Iraq, including crimes such as murder, torture, kidnapping, rape as well as serious crimes under international law including war crimes and crimes against humanity. However, Iraqi courts are prosecuting ISIS suspects only for offenses under the counterterrorism law, with no prosecution for other crimes under the Iraqi criminal code, such as slavery, torture and rape.
Iraqi judicial authorities are also unable to prosecute international crimes such as war crimes, crimes against humanity and genocide because they are not enshrined in national law. Further, from what Human Rights Watch researchers have been able to observe in trials, Iraqi courts appear to be prosecuting a random assortment of ISIS suspects for affiliation with ISIS, with no prioritization of those responsible for the most serious crimes.
It appears that the authorities are even targeting for prosecution those whose only role was participation in running basic services such as electricity or providing medical care to the sick under the ISIS administration. Currently, most cases against ISIS suspects in courts under the authority of the Baghdad government are taking place in Nineveh governorate, where Mosul is located.
Large numbers of ISIS suspects captured during the hostilities are being detained there.
On July 6, Human Rights Watch visited the Nineveh counterterrorism courthouse, which at the time was operating out of an abandoned home in the town of Hamdaniya, and observed two trials. Other governorates have their own counterterrorism courts, with the Baghdad counterterrorism chamber sitting within the Central Criminal Court.
At the time of writing, the court had eleven sitting judges, all with previous expertise adjudicating counterterrorism cases, ruling on cases against ISIS suspects within the jurisdiction of Nineveh. At the hearing, all the suspects have a private or state-appointed lawyer present. If the judges deem that there is enough evidence, the detainee returns for trial. Despite the legal requirement for an arrest warrant, judicial authorities told Human Rights Watch researchers they do not always observe the use of court-issued arrest warrants.
From February to September , a senior court judge told Human Rights Watch, the court had carried out individual investigative hearings into all 5, ISIS suspects in Nineveh and had moved onto the sentencing hearings. He was unable to supply the number of ISIS suspects released without charge but said that the court was dismissing less than five percent of the cases they were hearing.
He said that because of the initial limited capacity of his court, for the first few months of the Iraqi military operation to retake Mosul, judges from the Nineveh court would transfer detainees after their investigative hearing to Baghdad for the trials but since February , they had increased the number of interrogators and judges in Nineveh, had stopped transfers, and were sentencing ISIS suspects themselves.
This was the trial of 40 men accused of ISIS membership and participation in the massacre of hundreds of Shia cadets from Camp Speicher in Tikrit in June , under provision 4 of the counterterrorism law. It fell seriously short of fair trial standards. The law covers a wide variety of crimes including membership or support for a terrorist organization, as well as the specific crimes of possession or use of explosives, torture, maiming, kidnapping, unlawfully detaining, or killing while affiliated with a terrorist organization.
Provision 4 of the law stipulates the death penalty for anyone who committed, incited, planned, financed, or assisted in a terrorist act. The same provision calls for a life prison sentence for anyone who covers up such an act or harbors those who participated. He did not specify what the lowest sentence could be.
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While counterterrorism judges said that individuals could be tried separately for other crimes, Human Rights Watch is unaware of a single case of an ISIS suspect tried for any crimes under the criminal code, even in cases where the suspect confesses to committing crimes such as rape to an investigative judge. Moreover, Iraqi courts appear to be prosecuting a wide variety of ISIS suspects, with no apparent prioritization of those responsible for the most serious crimes, and including those whose only role may have been providing basic services such as healthcare or utility services as part of the ISIS administration.
According to Chief Justice Zaidan and three senior counterterrorism judges, Iraqi courts are currently charging ISIS suspects who may have supported the group against their will, or in a civilian or civil service capacity. He said the court was considering charges against a plastic surgeon who had worked in an ISIS-run hospital.
When Human Rights Watch raised concerns that the prosecutors are not charging suspects with crimes under the criminal code, judicial authorities said there was no need to pursue further charges because the counterterrorism law allow for maximum criminal sentences. In addition, war crimes, crimes against humanity, and genocide are not crimes under Iraqi or KRG law so the system does not allow prosecution for these offenses.
While some officials stated that there are efforts to incorporate these crimes into law, at the time of writing there was no bill before parliament on the topic. Prosecution of ISIS suspects under counterterrorism laws is more expedient and faster than prosecutions in ordinary criminal courts on charges under the criminal law. But the counterterrorism law allows authorities to use specialized counterterrorism courts that in practice are limiting due process protections. Judges can speedily convict ISIS suspects on their mere admission of membership in ISIS, without the need to gather evidence of the full range of crimes committed.
Thus, the investigative judge has limited opportunity to question witnesses. Only in a handful of cases has the court called in witnesses to testify in ISIS related cases. This approach is inadequate to the task of providing a real accounting of the crimes that ISIS committed — which Iraqis deserve — and fails the test of fairness and justice by equating the acts of individuals whose roles in ISIS may have been very different.
By failing to investigate, document and prosecute the serious offenses under the criminal law that ISIS suspects committed, the approach currently being adopted fails to provide judicial documentation of these crimes and provide remedies for the victims of these crimes. The absence of victim participation in these prosecutions is detailed below. The approach also fails to allow the judiciary to prioritize the prosecution of those responsible for the most serious crimes under ISIS.
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During its peak control of territories, ISIS operated as a state with millions of residents, and employed thousands of teachers, doctors, tax inspectors, and various other civil administrators. While there is no doubt the voluntary participants in ISIS civil administration enabled it to maintain its control of territories, there appears little to be gained by prosecuting such a wide array of people if they did not commit nor were complicit in serious crimes beyond membership in or support for the group.
Conditions of Detention
Authorities should prioritize the prosecutions of ISIS suspects responsible for the most serious crimes by bringing charges for those specific crimes, and consider dropping prosecutions of those suspected only of membership in ISIS without evidence of any other serious crime, particularly in the case of children. They should instead consider alternatives to criminal prosecution including truth-telling mechanisms. They should at minimum drop charges against those whose functions under ISIS contributed to the protection of human rights of civilians or otherwise the wellbeing of the population.
If authorities insist on pursuing the broadest possible prosecutions, including only for membership in ISIS without any further offense, they should prioritize first and most quickly trying those with the most minimal charges against them and promptly releasing those eligible under the amnesty law see below. Such an approach would help to address the mass overcrowding of prisons. The authorities should consider granting amnesty in all cases where individuals are not implicated in any serious crimes beyond membership in ISIS, dropping the need for a defendant to show they joined the group against his will.
Iraqi authorities need only look to their own recent history in support of such a policy. These dismissals, combined with a lack of due process, undermined Iraq's government, fuelling grievances among the individuals dismissed as well as their families, friends and broader communities. Finally, the reliance on the counterterrorism laws raises the risk that the summary judicial processes will deprive ISIS suspects of the due process protections they would otherwise be afforded and to which they are entitled under Iraqi and international laws. Provision 4 separately stipulates that those convicted of other offenses, including kidnapping, rape, and human trafficking, cannot benefit from the law.
The law obliges the investigative, trial, and appeals all judges to consider applying the amnesty law for each defendant, either pre or post-conviction.
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Several judges on the committee review the casefile and come to a decision, without allowing the defendant to participate in the review in any form, including to try to demonstrate they joined against their will and did not carry out any of the crimes specified for exemption by the relevant provision of the law.