On the Yazidi genocide's tenth anniversary, concerns mount as UNITAD's departure threatens justice for victims

On the Yazidi genocide's tenth anniversary, concerns mount as UNITAD's departure threatens justice for victims
The withdrawal of UNITAD, crucial in documenting ISIS crimes and aiding the Iraqi judiciary, is seen as a major setback in the pursuit of justice.
4 min read
16 August, 2024
IS lost hold of the territory it once controlled in Iraq in 2017 and in Syria in 2019. [Getty]

 As the UN Investigative Team to Promote Accountability for Crimes Committed by ISIS (UNITAD) prepares to conclude its mission in Iraq by September, activists and experts are raising alarms about the potential consequences for Yazidi victims and other minority communities.

The withdrawal of UNITAD, which has been instrumental in documenting ISIS crimes and supporting the Iraqi judiciary, is seen as a significant setback in the ongoing quest for justice.

On Sunday, the United Nations team investigating ISIS crimes handed over crucial evidence from its six-year investigation to Iraq's Supreme Judicial Council. According to a statement from the judiciary's media office, Ana Peyro Llopis, head of UNITAD, presented the files during a meeting with Faiq Zidan, the president of the council. This handover marks a critical moment as UNITAD's mandate is set to expire on 17 September.

Established in 2017 by the UN Security Council at the request of the Iraqi government, UNITAD's mission was to ensure that ISIS militants would be held accountable for their atrocities. The team's work included collecting witness testimonies, leading the exhumation of mass graves, and training Iraq's judiciary.

However, the team faced challenges in its relationship with the Iraqi government, particularly regarding information-sharing and Baghdad’s use of capital punishment. 

Ten years after the horrific Yazidi massacre by ISIS, many survivors are still waiting for justice. Despite the liberation of Iraqi cities and the defeat of ISIS, the Iraqi government has yet to fairly compensate Yazidi victims, ensure their safe return to their homeland in Sinjar, or bring the perpetrators to justice. Activists argue that the departure of UNITAD could further complicate these efforts.

Khdir Dombley, an expert on conflict and peace, expressed deep concerns to The New Arab, stating, "After 10 years of the Yazidi genocide, what was expected to be done is not being done by the Iraqi government. The government has failed to bring justice and a fair trial for the perpetrators of the genocide."

He highlighted the lack of transparency in the trials and pointed out that Iraq's legal framework is ill-equipped to handle the scale of crimes committed against the Yazidis, as the country lacks specific laws on genocide and war crimes.

Dombley also criticised the insufficient compensation provided to Yazidi survivors. While other areas in Iraq have seen compensation rates exceeding 70%, Sinjar—home to the Yazidi community—has received only about 10%, reflecting a severe underestimation of the community's suffering. He stressed that the Iraqi state has yet to formally acknowledge the Yazidi genocide, and thousands of Yazidis remain missing, with many struggling to return home due to inadequate compensation and the lack of public services in their original places.

Additionally, Dombley voiced concerns over a general amnesty bill currently under discussion in the Iraqi parliament, warning that it could allow some perpetrators to escape justice through interference in the judiciary. He called for military officers accused of negligence and other crimes during the genocide to be tried in fair, transparent proceedings accessible to the media and international community.

Regarding UNITAD's departure, Dombley underscored the danger it poses not only to Yazidis but also to other minorities, including Christians, who were also victims of ISIS's brutal campaign. "UNITAD's leaving Iraq is not only a danger to the Yazidis but also to other minorities," he said, noting that UNITAD was the only international body overseeing the trials of former ISIS militants.

The end of UNITAD's mission raises serious questions about how the Iraqi government will continue these trials, preserve critical evidence, and address the exhumation of mass graves.

In a related development, Iraqi security forces successfully rescued two Yazidi women who had been abducted by ISIS during its 2014 invasion of Sinjar. This operation is part of Iraq's broader efforts to locate and free victims of ISIS's atrocities.

According to a statement by Iraq's military spokesperson, Major General Yahya Rasool Abdullah, the two women were repatriated from Syria and reunited with their families. One of the survivors is a ten-year-old girl who was just an infant when she was kidnapped.

While the rescue is a significant achievement, the ongoing challenges in securing justice for the Yazidi community underscore the critical role that UNITAD has played. With UNITAD's mission ending and the UN's political assistance mission slated to leave Baghdad by 2025, the future of justice and accountability for the Yazidi genocide remains uncertain, leaving a void that the Iraqi government may struggle to fill.

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