Accountability of ISIS For Mass Violations Against Iraqi Women: Study In The Iraqi Criminal Framework
Description
This study addresses a crucial legal and humanitarian challenge in Iraq: holding ISIS accountable for mass violations against Iraqi women. Against the backdrop of the group’s 2014 takeover of Mosul and other territories, it evaluates the effectiveness of the Iraqi criminal framework in prosecuting such atrocities in line with international law standards. Through a thorough analysis of Iraq’s Penal Code No. 111 of 1969, the Supreme Iraqi Criminal Tribunal Law No. 10 of 2005, and the Anti-Terrorism Law No. 13 of 2005, the study identifies significant legislative gaps and procedural barriers hindering justice. It also examines why the Iraqi government sought UN Security Council assistance in 2017, resulting in the establishment of UNITAD (the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh). The research highlights the tension between national sovereignty and international cooperation, especially regarding the classification of ISIS crimes and the controversial application of the death penalty. Additionally, it discusses the legal limitations for evidence gathered by UNITAD in Iraqi courts due to procedural inconsistencies. By comparing Iraq’s laws to international standards, the study advocates for necessary reforms, including incorporating genocide, war crimes, and crimes against humanity into domestic law. It calls for a comprehensive approach that strengthens Iraq’s legal system while fostering collaboration with international mechanisms, ensuring justice for survivors and preventing future atrocities.
Files
Steps to reproduce
The study can be reproduced by reviewing the same primary and secondary legal sources cited in the research, including Iraqi national legislation (Penal Code No. 111 of 1969, Supreme Iraqi Criminal Tribunal Law No. 10 of 2005, Anti-Terrorism Law No. 13 of 2005), relevant Iraqi judicial decisions, and international instruments such as the Rome Statute, the 1951 Refugee Convention, and UN Security Council Resolution 2379 (2017). Researchers should follow the legal analysis methodology outlined in the paper, applying comparative interpretation between national provisions and international criminal law standards.
Institutions
- University of Kufa