Turkey, Syria And Iraq Face Allegations Of Failing To Prevent And Punish The Daesh Genocide

On July 6, 2022, a group of international human rights lawyers published a report accusing Turkey, Syria and Iraq of failing to implement their obligations under the UN Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention) in respect to the Daesh genocide. The Daesh genocide refers to the atrocities perpetrated by Daesh (also known as ISIS, ISIL) against the Yazidis, Christians and other religious minorities in Iraq and Syria from around 2014. On August 3, 2014, Daesh attacked Sinjar, Iraq, killing many men, enslaving women and girls for sex slavery and boys for serving with the militia. Thousands of Yazidis fled to the mountains where many would die of dehydration. To this day, mass graves continue to be found in Iraq. To this day, over 2,700 Yazidi women and children are missing after they were abducted from Sinjar in August 2014.

The new report of the Yazidi Justice Committee (YJC) found that there are reasonable grounds to conclude that at least three States, Turkey, Syria and Iraq, have failed in discharging one or more obligations under the Genocide Convention with respect to the genocide committed by Daesh. YJC is an ad hoc body established by the Accountability Unit, Women for Justice, International Bar Association’s Human Rights Institute (IBAHRI), Bar Human Rights Committee of England and Wales and Geoffrey Nice Foundation, to investigate allegations of genocide committed against the Yazidis from early 2013 by Daesh in Iraq and Syria. YJC was tasked with determining whether States can be brought before a court of law for the alleged violations of international law relating to genocide, whether the commission of, or failure to prevent, the genocide of the Yazidis.

‍According to the YJC report, three States are in breach of the obligation to prevent and punish the crime of genocide.

Turkey

The YJC report found that there are reasonable grounds to conclude that Turkey knew or should have known of the serious risk that Daesh would commit genocide against the Yazidis in Iraq and Syria. Furthermore, Turkey failed to take all means reasonably available that could have prevented the commission of genocide against the Yazidis, including, “police its borders and enforce measures to halt the flow of [Daesh] fighters through Turkey, as well as the trafficking of materiel and resources to [Daesh]; prevent the sale, transfer and enslavement of Yazidi women and children that occurred on its territory; and restrict the illicit oil trade, which financially benefited [Daesh] and allowed it to fund its commission of prohibited acts.”

The YJC report further found that “the publicly available information supports a prima facie case that Turkey was complicit in prohibited acts of genocide committed by Daesh.”

Lastly, the report found that Turkey is in breach of its obligation to punish perpetrators of genocide. Despite having relevant laws in place, Turkey has failed to prosecute the alleged perpetrators for genocide.

Iraq

According to the YJC report, there are reasonable grounds to conclude that, from at least April 2013, Iraq knew, or should have known, of the serious risk of genocide against the Yazidis in Iraq. Furthermore, there are reasonable grounds to conclude that Iraq failed to use all means reasonably available to protect the Yazidis and prevent the commission of genocide by Daesh. Among others, the report suggests that Iraq’s Federal Government “failed to coordinate diplomatically, and/or militarily, with the Kurdistan Regional Government in order to ensure the Yazidis’ safety and security in the Sinjar and other regions before 3 August 2014 and took no measures to evacuate the Yazidis to safety in the light of the clear risk of [Daesh] advance to Sinjar, following its capture of Mosul in June 2014.”

Iraq has failed to enact the domestic criminal legislation necessary for them to fulfill their obligations to punish genocide.

Syria

The YJC report states that there are reasonable grounds to conclude that Syria knew, or should have known, of the serious risk that Daesh would commit genocide against the Yazidis in Syria, and in Iraq. Nonetheless, Syria failed to implement its duty to prevent genocide. The report notes that “the publicly available information supports the conclusion that no attempt was made by the Syrian Government to provide any form of protection to the Yazidis in any context prior to the commission of prohibited acts, during the commission of prohibited acts and/or after the commission of prohibited acts.”

Syria has failed to enact the domestic criminal legislation necessary for them to fulfill their obligations to punish genocide.

The report’s findings are based on publicly available reports and data from international organizations, reputable NGOs and other credible sources. According to the report, the findings are likely to be further substantiated by large repositories of evidence held by States and international organizations.

The YJC report calls for steps to be taken to hold the three countries accountable for their failures to prevent and punish the genocide against the Yazidis. Among others, it calls for proceedings to be brought against the three countries before the International Court of Justice to adjudicate on the breaches of the Genocide Convention.

While Daesh fighters are primarily responsible for the atrocities against the Yazidis, the atrocities were enabled by States’ glaring breaches of the obligations under the Genocide Convention. If we are serious about the duties under the Genocide Convention, we must be willing to enforce them, including before the International Court of Justice. Otherwise, the Genocide Convention is not worth the paper it is printed on.