Yazda (Yazda) and the Free Yezidi Foundation (FYF) with the support of Kurdistan Regional Government of Iraq (KRG), hereby request the Prosecutor of the ICC to formally commence a preliminary examination on the alleged crimes of genocide1, sexual slavery2 and other crimes committed by nationals of states parties to the Rome Statute acting as members of the Islamic State in Iraq and the Levant (ISIL)3 against the Yazidis (also referred to as Yezidi/s or Ezidi/s). The crimes have been committed in a confined territory: the Sinjar district and Nineveh Plains of Northern Iraq since the August 2014.4

In 2014, the Head of the High Committee of the Kurdistan Regional Government for the Recognition of Genocide against Kurdish Yazidis and other Nationalities and Religious Minorities, supported by the Kurdish Regional Government and the KRG Ministry of Martyrs and Anfal Affairs, submitted an Article 15 communication to the Office of the Prosecutor. In April 2015, the Prosecutor declined to formally open a preliminary examination into the situation citing a “too narrow [jurisdictional basis] at this stage.”5

The Prosecutor however remained open to receiving additional information, more specifically information “which could provide further clarity on the position occupied by State Party Nationals within the ISIS organizational hierarchy.”6

Out of a serious concern for the grave crimes committed against the Yazidi victims, many of whom are now internally displaced persons (IDP’s) and for the impunity with which ISIL, including an estimated 5,000 to 7,500 members nationals of states parties, continue to commit crimes against the Yazidi population still under their control, Yazda and the FYF with the support of the KRG request the OTP to take into consideration the additional information presented in this report and to formally commence a preliminary examination in the situation involving the commission of crimes against the Yazidi population in Northern Iraq since August 2014.

This submission:

a) Proposes to focus the situation on a specific geographic area: the Sinjar district and the Nineveh Plains, and a specific time period: since August 2014. This limited temporal and geographic jurisdiction will facilitate the analysis of the role of the nationals of states parties involved in the crimes;

b) Supplements the document previously submitted with additional information in relation to:

(i) The significant presence of foreign fighters including nationals of states parties operating in various capacities within ISIL including in mid to high level command positions within ISIL;

(ii) The presence of foreign fighters including national of states parties during the attack on the Sinjar district and Nineveh Plains targeting the Yazidi population;

(iii) The role of foreign fighters including nationals of states parties in the subsequent and ongoing sexual trade and abuse of Yazidi women in the areas controlled by ISIL; and

c) Makes submissions on the assessment applicable at this stage of the process.

Overall, although the exact number and position of nationals of states parties within the ranks of ISIL involved in the genocide against the Yazidis is difficult to establish, there is considerable evidence from various reliable sources confirming that there are between 5000 (2000 Europeans, 1500 Jordanians and at least 1500 Tunisians) and 7,500 nationals of states parties in the ranks of ISIL and that they constitute a sizeable and operationally significant proportion of the ISIL forces. There is also reliable corroborated evidence demonstrating that these foreign fighters including nationals of states parties to the Rome Statute are used in various capacities including in some cases as mid to high-level leaders responsible for specific issues. Several sources also confirm that foreigners are involved in the trade and abuse of Yazidi women as sex slaves resulting from their genocidal policy throughout the areas controlled by ISIL.

The Yazda, the FYF and the KRG understand that the process of preliminary examination as well as the standards applicable for review are spread over different phases and as such that further information may be required in due course should the Office of the Prosecutor (OTP) decide to formally commence a preliminary examination. As such Yazda, the FYF and the KRG undertake to provide full cooperation, as and when required, to facilitate the OTP’s access to further information available to it, in particular to facilitate access to IDP camps where more than 400,000 Yazidis are living and other local governmental organizations as well as through Yazda and its contacts with other local NGOs and other UN agencies operating in the areas administered by the KRG.

In due course, should the OTP decide to proceed with the opening of an investigation on the situation, Yazda, the FYF and the KRG are also amenable to facilitating the OTP’s visit on site including access to mass graves and hundreds of victims and witnesses currently known to have relevant information. In addition, if arrest warrants are issued KRG authorities are willing to participate in the planning and execution of operations to enforce them.

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