Library Library
Search

Kurdipedia is the largest multilingual sources for Kurdish information!


Search Options





Advanced Search      Keyboard


Search
Advanced Search
Library
Kurdish names
Chronology of events
Sources
History
User Favorites
Activities
Search Help?
Publication
Video
Classifications
Random item!
Send
Send Article
Send Image
Survey
Your feedback
Contact
What kind of information do we need!
Standards
Terms of Use
Item Quality
Tools
About
Kurdipedia Archivists
Articles about us!
Add Kurdipedia to your website
Add / Delete Email
Visitors statistics
Item statistics
Fonts Converter
Calendars Converter
Spell Check
Languages and dialects of the pages
Keyboard
Handy links
Kurdipedia extension for Google Chrome
Cookies
Languages
کوردیی ناوەڕاست
کرمانجی - کوردیی سەروو
Kurmancî - Kurdîy Serû
هەورامی
Zazakî
English
Française
Deutsch
عربي
فارسی
Türkçe
Nederlands
Svenska
Español
Italiano
עברית
Pусский
Fins
Norsk
日本人
中国的
Հայերեն
Ελληνική
لەکی
Azərbaycanca
My account
Sign In
Membership!
Forgot your password!
Search Send Tools Languages My account
Advanced Search
Library
Kurdish names
Chronology of events
Sources
History
User Favorites
Activities
Search Help?
Publication
Video
Classifications
Random item!
Send Article
Send Image
Survey
Your feedback
Contact
What kind of information do we need!
Standards
Terms of Use
Item Quality
About
Kurdipedia Archivists
Articles about us!
Add Kurdipedia to your website
Add / Delete Email
Visitors statistics
Item statistics
Fonts Converter
Calendars Converter
Spell Check
Languages and dialects of the pages
Keyboard
Handy links
Kurdipedia extension for Google Chrome
Cookies
کوردیی ناوەڕاست
کرمانجی - کوردیی سەروو
Kurmancî - Kurdîy Serû
هەورامی
Zazakî
English
Française
Deutsch
عربي
فارسی
Türkçe
Nederlands
Svenska
Español
Italiano
עברית
Pусский
Fins
Norsk
日本人
中国的
Հայերեն
Ελληνική
لەکی
Azərbaycanca
Sign In
Membership!
Forgot your password!
        
 kurdipedia.org 2008 - 2024
 About
 Random item!
 Terms of Use
 Kurdipedia Archivists
 Your feedback
 User Favorites
 Chronology of events
 Activities - Kurdipedia
 Help
New Item
Library
Armed Conflict in Syria: Overview and U.S. Response
18-08-2024
Hazhar Kamala
Library
Western Policy Towards Syria: Applying Lessons Learned
18-08-2024
Hazhar Kamala
Library
Defected from ISIS or Simply Returned, and for How Long?-- Challenges for the West in Dealing with Returning Foreign Fighters
18-08-2024
Hazhar Kamala
Library
ISIS and the Potential for Defection in Syria
18-08-2024
Hazhar Kamala
Library
A CHILDHOOD OF FEAR: THE IMPACT OF GENOCIDE ON YAZIDI CHILDREN IN SINJAR
17-08-2024
Hazhar Kamala
Library
Civilian Casualties of Turkish Military Operations in Northern Iraq (2015 - 2021)
16-08-2024
Hazhar Kamala
Library
Civilian Casualties By Turkish and Iranian Military Operations | 1991-2024
16-08-2024
Hazhar Kamala
Library
Flawed Justice Accountability for ISIS Crimes in Iraq
15-08-2024
Hazhar Kamala
Library
Voices of Trauma and Hope
15-08-2024
Hazhar Kamala
Library
Our Stories Need to be Heard – Rebuilding our Society Together through Listening and Dialogue
15-08-2024
Hazhar Kamala
Statistics
Articles
  532,513
Images
  107,862
Books
  20,039
Related files
  101,447
Video
  1,479
Language
کوردیی ناوەڕاست 
303,952
Kurmancî - Kurdîy Serû 
89,311
هەورامی 
65,874
عربي 
29,518
کرمانجی - کوردیی سەروو 
17,210
فارسی 
9,058
English 
7,437
Türkçe 
3,626
لوڕی 
1,691
Deutsch 
1,537
Pусский 
1,134
Française 
337
Nederlands 
130
Zazakî 
90
Svenska 
63
Հայերեն 
50
Español 
47
Italiano 
46
لەکی 
37
Azərbaycanca 
24
日本人 
21
中国的 
18
Ελληνική 
14
עברית 
14
Norsk 
14
Fins 
12
Polski 
8
Português 
5
Ozbek 
5
Esperanto 
5
Тоҷикӣ 
3
ქართველი 
3
Catalana 
2
Čeština 
2
Hrvatski 
2
Kiswahili سَوَاحِلي 
2
Srpski 
2
ترکمانی 
1
Lietuvių 
1
Cebuano 
1
балгарская 
1
हिन्दी 
1
Group
English
Biography 
3,148
Library 
1,878
Articles 
1,855
Documents 
176
Image and Description 
77
Martyrs 
63
Publications 
49
Archaeological places 
44
Parties & Organizations 
36
Maps 
26
Genocide 
21
Clan - the tribe - the sect 
18
Artworks 
17
Places 
9
Statistics and Surveys 
5
Miscellaneous 
4
Quotes and Phrases 
2
Video 
2
Poem 
2
Offices 
2
Womens Issues 
1
Environment of Kurdistan 
1
Dates & Events 
1
Repository
MP3 
323
PDF 
30,643
MP4 
2,410
IMG 
197,334
Content search
Library
Report on sexual violence a...
Library
Genocide against Christians...
Biography
Lisa Calan
Library
The Dialect Of Awroman; (HA...
Library
After all, they were only c...
Is Criminal Justice Enough to Address the Yazidi Genocide?
Kurdipedia guarantees the right to public information for every Kurdish individual!
Group: Articles | Articles language: English
Share
Facebook0
Twitter0
Telegram0
LinkedIn0
WhatsApp0
Viber0
SMS0
Facebook Messenger0
E-Mail0
Copy Link0
Ranking item
Excellent
Very good
Average
Poor
Bad
Add to my favorites
Write your comment about this item!
Items history
Metadata
RSS
Search in Google for images related to the selected item!
Search in Google for selected item!
کوردیی ناوەڕاست0
Kurmancî - Kurdîy Serû0
عربي0
فارسی0
Türkçe0
עברית0
Deutsch0
Español0
Française0
Italiano0
Nederlands0
Svenska0
Ελληνική0
Azərbaycanca0
Catalana0
Cebuano0
Čeština0
Esperanto0
Fins0
Hrvatski0
Kiswahili سَوَاحِلي0
Lietuvių0
Norsk0
Ozbek0
Polski0
Português0
Pусский0
Srpski0
балгарская0
Тоҷикӣ0
Հայերեն0
हिन्दी0
ქართველი0
中国的0
日本人0

Is Criminal Justice Enough to Address the Yazidi Genocide?

Is Criminal Justice Enough to Address the Yazidi Genocide?
Tatiana Rouhana

Eight years after #ISIS# committed a genocide against the Yazidi community in Iraq, survivors are still waiting for an elusive justice for the horrific crimes committed against them. Out of the approximately 500,000 members of the Yazidi community in Iraq, some 10,000 were killed, an estimated 7,000 Yazidi women and girls were kidnapped, sexually enslaved, and forcibly married, and over 300,000 were forcibly displaced. After eight years of agony, with nearly the entire population still displaced and approximately 3,000 still missing, the Yazidi community’s needs must be front and center on the justice agenda.

Eight years after ISIS committed a genocide against the Yazidi community in Iraq, survivors are still waiting for an elusive justice for the horrific crimes committed against them. Out of the approximately 500,000 members of the Yazidi community in Iraq, some 10,000 were killed, an estimated 7,000 Yazidi women and girls were kidnapped, sexually enslaved, and forcibly married, and over 300,000 were forcibly displaced. After eight years of agony, with nearly the entire population still displaced and approximately 3,000 still missing, the Yazidi community’s needs must be front and center on the justice agenda.

In recent years there has been a spike in reliance on the court system in Iraq and abroad to address ISIS atrocities against the Yazidi community. In Iraq, thousands of alleged ISIS members have been prosecuted and sentenced to death or life imprisonment in trials that repeatedly failed to meet basic threshold of fairness. Yet, one of the key legal shortcomings of domestic prosecution of ISIS members in Iraq is the absence of defined core international crimes in its national laws. Throughout its national prosecutions, Iraq has solely relied on its anti-terrorism laws which fail to criminalize a large sexual modus operandi defined in a system of organized rape, sexual slavery, and forced marriage used by ISIS. This failure to capture the full range of the horrific crimes ISIS committed denies sexual violence survivors a critical opportunity to address the crimes committed against them, negates their agency, and often silences their voices.

On the international level, many Europeans countries have also been prosecuting ISIS members with Germany leading the way. In November 2021, a German court issued a landmark judgment, the first of its kind, recognizing that ISIS committed the crime of genocide against the Yazidis. As a second genocide conviction against an ISIS member is handed down yet again by a German court, far away from home, one cannot help but wonder: Is criminal justice enough to fully provide the desired justice for the Yazidis?
Alternative justice options for the Yazidis

Criminal justice has been the center of attention of many global actors and stakeholders in relation to addressing ISIS atrocities in Iraq and Syria. Many calls have been made by human rights activists and governments whose nationals have joined ISIS as foreign fighters, such as France, Sweden, Germany, and the UK, to create a special tribunal to prosecute ISIS members. Attempts by the Kurdish government in Iraq to set up such a tribunal have been shut down by the central government. Nonetheless, a tribunal established solely to prosecute ISIS fighters is inadequate for a variety of reasons, not least because it fails to address atrocities committed by other actors in the same conflict. For that reason, it appears impossible, to provide criminal justice for all violations committed against every survivor many of whom have voiced their dissatisfaction and frustration with the flawed Iraqi legal system that precludes broader accountability. Subsequently, criminal accountability does not necessarily always constitute the desired justice path for all survivors.

In retrospect, restorative or reparative justice has proven to be beneficial in helping a country recover and re-emerge on the path to unity and sustainable peace in many post-conflict contexts such as South Africa, Sierra Leone, and Argentina. Therefore, aside from criminal accountability, justice takes shapes in different forms and various models exist for confronting the past and dealing with mass atrocity including truth-seeking mechanisms, reparations to victims, and the creation of memorials and museums.

Truth-telling helps create a space for affected communities to keep the focus on forgiveness and peace building rather than reprisal and retribution and encourages reconciliation. Its main focus is uncovering violations committed by all sides to establish the historical facts of past injustices that have led to the current violations. Therefore, understanding the outlook of the Yazidi community toward reconciliation requires an examination of their marginalization and persecution throughout their history.

The Yazidi community in Iraq, has been caught up in the midst of the Arab-Kurd division and has consistently been denied the right to self-determination as a distinct ethno-religious group. The Yazidis frequently claim to have been subjected to at least 74 genocides throughout their existence. In the most recent genocide committed by ISIS, Yazidis have expressed resentment toward the Peshmerga who they claim to have retreated as ISIS was moving toward Sinjar without prior warning. Equally, they have expressed betrayal from their Sunni Arab neighbors who reportedly assisted ISIS in carrying out its genocidal campaign. Without a truth-telling initiative, these statements of frustration by the Yazidis which depict their broken trust will grow their resentment deeper making the idea of reconciliation between the communities a distant dream.
The viability of a truth-telling initiative

In a similar genocidal context, a truth-telling initiative called the Gacaca courts, a community-based court was established as a transitional justice mechanism in Rwanda after the International Criminal Tribunal for Rwanda failed to achieve the level of reconciliation Rwandans had hoped for post-genocide. This community-based system allowed perpetrators the chance to come up in front of their community, admit to their crimes, express remorse, and ask for forgiveness. From the time they became fully operational in 2005 until their closure in 2012, the courts worked through over a million cases country-wide, dispensing justice using strategies of prosecution, truth-telling, and forgiveness. While this approach, had suffered from many shortcomings particularly regarding the rights of the defendants to a fair trial, it did nonetheless significantly aid the country in moving forward.

Iraq has been preoccupied with the duties of implementing criminal justice for the Yazidi genocide that reconciliation has often been overlooked or considered secondary. A reformed model of to the Gacaca courts which respects the rights of both defendants and survivors could be useful in Iraq, and for the Yazidi community, not only as a truth-telling tool but also for the acknowledgment of the suffering. It is therefore important that there be a place for truth-telling and collective healing where Yazidis can learn the full truth about what happened and the fate of their missing relatives. This approach can serve as a mechanism of deterrence in order to end the culture of impunity against Yazidis and can help the community regain its trust.
What about reparations?

Court-based justice for atrocities is often awfully lengthy and many survivors frequently call for more immediate forms of support and redress. Addressing the community’s socioeconomic and psychosocial needs as consequences of the violations they have suffered is crucial. The aftermath of the Yazidi genocide has been severe on the community not only due to its human loss but equally for its socioeconomic and psychological effects. Hundreds of thousands of Yazidis have been forcibly displaced from their homeland of Sinjar, have lost their possessions and are living deteriorating conditions in camps all over the country. They are also enduring severe mental health difficulties with suicide rate growing amongst the community and particularly amongst survivors of sexual and gender-based violence.

In March 2021, the Iraqi government passed the Yazidi Survivors Law, a reparations law for survivors of ISIS atrocities. Article 2 of the law provides that it is aimed at offering reparations for the female Yazidi, Turkmen, Christian, and Shabak survivors of ISIS captivity, kidnapped Yazidi children, and all survivors from the mass extermination of the above-mentioned groups. The law stipulates benefits in form of monthly stipends and a piece of residential land with a mortgage or a free housing unit for female survivors, while it provides for special educational and employment opportunities, and medical and psychological support for both the children and female survivors. The law is also momentous because it explicitly recognized that the crimes committed against the Yazidis and other communities constitute not only crimes against humanity but also genocide.

While the Iraqi government has publicly pledged to support the Yazidis, it has not committed the required resources to make the law operational. The Yazidi Survivors Law represents a significant milestone toward justice and long-lasting peace, but there have not been concrete steps related to its implementation, including ensuring funding, effectiveness, achievability, and sustainability.
The way forward

It is crucial that the Iraqi government adopts a more holistic transitional justice approach to address the Yazidi genocide in a more immediate form by consulting the Yazidi community, listening to their needs, and delivering on them. Fully addressing the dimension of the Yazidi genocide goes beyond the scope of the prosecution of ISIS members on terrorism charges. It requires a more comprehensive approach of reform first to the Iraqi criminal law to ensure that sexual crimes are also prosecuted domestically and second to Iraq’s transitional justice process to explore other justice options to comprehensively address all the needs of the Yazidis.

Despite the fact that truth and reconciliation promote the active role of the survivors to engage in the justice processes rather than be passive victims and enables them to feel empowered, the lack of compensation for victims renders the participation in any justice process taxing rather than reparative. Yazidi survivors who are scattered in informal settlement camps in Iraq’s Kurdistan region feel abandoned by a world that has largely moved on, while they struggle alone to survive and uncover the fate of their loved ones. The Iraqi government must deliver on its obligations, including prioritizing the delivery of urgent and comprehensive reparation measures to address the harms and losses suffered by the victims and survivors.

Tatiana Rouhana is a legal practitioner in international criminal justice, transitional justice, and human rights with experience in investigation, documentation, and analysis.[1]
This item has been viewed 3 times
Write your comment about this item!
HashTag
Sources
[1] Website | English | timep.org
Linked items: 4
Group: Articles
Articles language: English
Publication date: 16-08-2022 (2 Year)
Content category: Articles & Interviews
Content category: Al-Anfal & Halabja
Document Type: Original language
Language - Dialect: English
Party: ISIS
Publication Type: Born-digital
Technical Metadata
Item Quality: 98%
98%
Added by ( Hazhar Kamala ) on 19-08-2024
This article has been reviewed and released by ( Ziryan Serchinari ) on 19-08-2024
This item recently updated by ( Ziryan Serchinari ) on: 19-08-2024
URL
This item according to Kurdipedia's Standards is not finalized yet!
This item has been viewed 3 times
Attached files - Version
Type Version Editor Name
Photo file 1.0.155 KB 19-08-2024 Hazhar KamalaH.K.
Kurdipedia is the largest multilingual sources for Kurdish information!
Articles
genocide, displaced Yazidis demand justice
Biography
Jasmin Moghbeli
Archaeological places
The tomb of the historian Marduk Kurdistani
Articles
Acts of Annihilation
Archaeological places
Mosque (Salah al-Din al-Ayyubi) in the city of Faraqin
Image and Description
The Kurdish Quarter, which is located at the bottom of Mount Canaan in Safed, Palestine in 1946
Articles
Sociodemographic Characteristics and Mental and Physical Health Diagnoses of Yazidi Refugees Who Survived the Daesh Genocide and
Articles
NEW CASES OF SUICIDE AMONG YAZIDI SURVIVORS
Biography
Shilan Fuad Hussain
Biography
Kamaran Palani
Library
ISIS and the Potential for Defection in Syria
Archaeological places
Cendera Bridge
Archaeological places
Hassoun Caves
Image and Description
Picture of Kurdish school children, Halabja in south Kurdistan 1965
Biography
Huseyin Deniz
Biography
Hafiz Akdemir
Archaeological places
Shemzinan Bridge
Articles
Is Criminal Justice Enough to Address the Yazidi Genocide?
Biography
Sirwan Mahmood Rasheed
Biography
Dr.Zeynep Kaya
Library
Defected from ISIS or Simply Returned, and for How Long?-- Challenges for the West in Dealing with Returning Foreign Fighters
Image and Description
AN EXAMPLE OF BAATHS SOCIALISM AND DEMOCRACY IN KURDISTAN OF IRAQ
Image and Description
A Kurdish army in Istanbul to participate in the Battle of the Dardanelles in 1918
Biography
Lisa Calan
Biography
Rez Gardi
Image and Description
Kurdish Jews from Mahabad (Saujbulak), Kurdistan, 1910
Library
Western Policy Towards Syria: Applying Lessons Learned
Library
Armed Conflict in Syria: Overview and U.S. Response
Library
A CHILDHOOD OF FEAR: THE IMPACT OF GENOCIDE ON YAZIDI CHILDREN IN SINJAR
Biography
Issam Aziz Sharif

Actual
Library
Report on sexual violence against women and girls committed by ISIL in Iraq
06-12-2023
Hazhar Kamala
Report on sexual violence against women and girls committed by ISIL in Iraq
Library
Genocide against Christians in the Middle East
16-07-2024
Hazhar Kamala
Genocide against Christians in the Middle East
Biography
Lisa Calan
04-08-2024
Hazhar Kamala
Lisa Calan
Library
The Dialect Of Awroman; (HAWRĀMĀN-Ī LUHON), Grammatical Sketch, Texts, And Vocabulary
05-08-2024
Rapar Osman Uzery
The Dialect Of Awroman; (HAWRĀMĀN-Ī LUHON), Grammatical Sketch, Texts, And Vocabulary
Library
After all, they were only children
13-08-2024
Hazhar Kamala
After all, they were only children
New Item
Library
Armed Conflict in Syria: Overview and U.S. Response
18-08-2024
Hazhar Kamala
Library
Western Policy Towards Syria: Applying Lessons Learned
18-08-2024
Hazhar Kamala
Library
Defected from ISIS or Simply Returned, and for How Long?-- Challenges for the West in Dealing with Returning Foreign Fighters
18-08-2024
Hazhar Kamala
Library
ISIS and the Potential for Defection in Syria
18-08-2024
Hazhar Kamala
Library
A CHILDHOOD OF FEAR: THE IMPACT OF GENOCIDE ON YAZIDI CHILDREN IN SINJAR
17-08-2024
Hazhar Kamala
Library
Civilian Casualties of Turkish Military Operations in Northern Iraq (2015 - 2021)
16-08-2024
Hazhar Kamala
Library
Civilian Casualties By Turkish and Iranian Military Operations | 1991-2024
16-08-2024
Hazhar Kamala
Library
Flawed Justice Accountability for ISIS Crimes in Iraq
15-08-2024
Hazhar Kamala
Library
Voices of Trauma and Hope
15-08-2024
Hazhar Kamala
Library
Our Stories Need to be Heard – Rebuilding our Society Together through Listening and Dialogue
15-08-2024
Hazhar Kamala
Statistics
Articles
  532,513
Images
  107,862
Books
  20,039
Related files
  101,447
Video
  1,479
Language
کوردیی ناوەڕاست 
303,952
Kurmancî - Kurdîy Serû 
89,311
هەورامی 
65,874
عربي 
29,518
کرمانجی - کوردیی سەروو 
17,210
فارسی 
9,058
English 
7,437
Türkçe 
3,626
لوڕی 
1,691
Deutsch 
1,537
Pусский 
1,134
Française 
337
Nederlands 
130
Zazakî 
90
Svenska 
63
Հայերեն 
50
Español 
47
Italiano 
46
لەکی 
37
Azərbaycanca 
24
日本人 
21
中国的 
18
Ελληνική 
14
עברית 
14
Norsk 
14
Fins 
12
Polski 
8
Português 
5
Ozbek 
5
Esperanto 
5
Тоҷикӣ 
3
ქართველი 
3
Catalana 
2
Čeština 
2
Hrvatski 
2
Kiswahili سَوَاحِلي 
2
Srpski 
2
ترکمانی 
1
Lietuvių 
1
Cebuano 
1
балгарская 
1
हिन्दी 
1
Group
English
Biography 
3,148
Library 
1,878
Articles 
1,855
Documents 
176
Image and Description 
77
Martyrs 
63
Publications 
49
Archaeological places 
44
Parties & Organizations 
36
Maps 
26
Genocide 
21
Clan - the tribe - the sect 
18
Artworks 
17
Places 
9
Statistics and Surveys 
5
Miscellaneous 
4
Quotes and Phrases 
2
Video 
2
Poem 
2
Offices 
2
Womens Issues 
1
Environment of Kurdistan 
1
Dates & Events 
1
Repository
MP3 
323
PDF 
30,643
MP4 
2,410
IMG 
197,334
Content search
Kurdipedia is the largest multilingual sources for Kurdish information!
Articles
genocide, displaced Yazidis demand justice
Biography
Jasmin Moghbeli
Archaeological places
The tomb of the historian Marduk Kurdistani
Articles
Acts of Annihilation
Archaeological places
Mosque (Salah al-Din al-Ayyubi) in the city of Faraqin
Image and Description
The Kurdish Quarter, which is located at the bottom of Mount Canaan in Safed, Palestine in 1946
Articles
Sociodemographic Characteristics and Mental and Physical Health Diagnoses of Yazidi Refugees Who Survived the Daesh Genocide and
Articles
NEW CASES OF SUICIDE AMONG YAZIDI SURVIVORS
Biography
Shilan Fuad Hussain
Biography
Kamaran Palani
Library
ISIS and the Potential for Defection in Syria
Archaeological places
Cendera Bridge
Archaeological places
Hassoun Caves
Image and Description
Picture of Kurdish school children, Halabja in south Kurdistan 1965
Biography
Huseyin Deniz
Biography
Hafiz Akdemir
Archaeological places
Shemzinan Bridge
Articles
Is Criminal Justice Enough to Address the Yazidi Genocide?
Biography
Sirwan Mahmood Rasheed
Biography
Dr.Zeynep Kaya
Library
Defected from ISIS or Simply Returned, and for How Long?-- Challenges for the West in Dealing with Returning Foreign Fighters
Image and Description
AN EXAMPLE OF BAATHS SOCIALISM AND DEMOCRACY IN KURDISTAN OF IRAQ
Image and Description
A Kurdish army in Istanbul to participate in the Battle of the Dardanelles in 1918
Biography
Lisa Calan
Biography
Rez Gardi
Image and Description
Kurdish Jews from Mahabad (Saujbulak), Kurdistan, 1910
Library
Western Policy Towards Syria: Applying Lessons Learned
Library
Armed Conflict in Syria: Overview and U.S. Response
Library
A CHILDHOOD OF FEAR: THE IMPACT OF GENOCIDE ON YAZIDI CHILDREN IN SINJAR
Biography
Issam Aziz Sharif
Folders
Biography - People type - Writer Biography - Gender - Male Biography - Language - Dialect - Kurdish - Sorani Biography - Place of birth - Sulaimaniyah Biography - Alive? - No Biography - Nation - Kurd Biography - Country of birth - South Kurdistan Biography - Education level - Doctoral (PHD) Biography - Education - Kurdish Literature Biography - People type - Academic

Kurdipedia.org (2008 - 2024) version: 15.75
| Contact | CSS3 | HTML5

| Page generation time: 1.5 second(s)!