Iraq, 12 September 2023
We, the undersigned organizations, have been made aware of highly concerning news that the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da'esh/ISIL’s (UNITAD) mandate may not be renewed in Iraq beyond September 2024.
UNITAD was mandated pursuant to UN Security Council Resolution 2379 to collect, preserve, and store evidence of ISIL crimes in Iraq in line with the highest possible standards. UNITAD was established following the tireless advocacy of survivors and several of the undersigned organizations, and in response to the scale of ISIL crimes. This advocacy was aiming to ensure that evidence of ISIL crimes would not get lost until a holistic strategy from both Iraq and the international community would be in place to address ISIL crimes. This has yet to happen.
UNITAD began operating in Iraq in the fall of 2018 and has in the past five years made significant progress including collecting thousands of pieces of evidence, interviewing survivors from all Iraqi communities, supporting national prosecutions in third countries, and substantially supporting exhumations of mass graves all over the country. UNITAD has also strengthened the capacity of Iraqi authorities and Iraqi civil society, including some of the undersigned organizations.
Many survivors and the undersigned organizations see UNITAD as the only hope to achieve meaningful justice in Iraq. For its work to stop so abruptly, when not a single ISIL member has been tried in Iraq for core international crimes (genocide, crimes against humanity and war crimes), would be a disaster for survivors, Iraq, and the international community. It would send the signal that justice is not a real priority, that trust with survivors was built for nothing and that their testimonies and continuous calls for justice were in vain.
This news is all the more alarming since Iraq currently has no legal framework in place to use UNITAD’s evidence and also has no experience prosecuting international crimes. Furthermore, Iraq has not communicated any plan or strategy on how it is planning to move this process forward without UNITAD’s expertise. Nor has Iraq recognized the jurisdiction of the International Criminal Court or responded to detailed proposals submitted by survivor groups to establish a hybrid tribunal to prosecute ISIL members for international crimes.
For the reasons above, UNITAD must continue to operate because Iraq alone is currently not in a position to achieve meaningful justice for survivors. Survivors have also repeatedly highlighted that they would not trust a purely national process and called for appropriate international involvement.
We, the undersigned organizations, call upon Iraq, the UN Security Council, and the international community to:
- Renew UNITAD’s mandate beyond September 2024 and as long as it is needed.
- Prepare a strategy to prosecute ISIL crimes holistically both in Iraq and other jurisdictions.
- Support Iraq in adopting a legal framework to prosecute core international crimes and to establish a survivor-centered mechanism which would allow for such prosecutions.
- Ensure that UNITAD supports Iraq in the prosecution of ISIL crimes in Iraq until Iraq is able to follow fair trial rights and implement a survivor-centered mechanism.
Undersigned organizations:
Download the Statement here.
For the Arabic version, click here.
This statement is open for further endorsements, please send your request to:
Natia Navrouzov, Legal Advocacy Director
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