UN: Iraq Lacks Jurisdiction to Prosecute 'Islamic State' Actors in Mosul

A United Nations human rights report released on Thursday states that Iraq lacks the jurisdiction and capability to hold trials for the crimes committed by the 'Islamic State' group during the battle for Mosul, and that alternative avenues such as the International Criminal Court should be pursued for justice. According to the findings of this report, at least 5,521 civilians were killed during the nine-month battles in the city of Mosul, of which 741 were executed. Most of these individuals lost their lives due to attacks by 'Islamic State' militants. The report documents instances of kidnapping and murder, the use of civilians as human shields, and the deliberate targeting of civilians and their homes by 'Islamic State' fighters. It states that the group had planted numerous explosive devices in the city and used drones to drop explosives. Additionally, they set fire to oil wells and sulfur fields. The militants also destroyed religious sites, including the historic al-Nuri Mosque in Mosul, where Abu Bakr al-Baghdadi, the group's leader, declared the self-proclaimed caliphate in 2014. The report further states that 'Iraqi courts and judicial authorities lack the jurisdiction to address international crimes (such as genocide, crimes against humanity, and war crimes).' Moreover, the Iraqi police and prosecution also lack the necessary resources and capabilities to investigate and prosecute individuals in relation to these crimes. The UN then recommends that Iraq reform its judicial laws, adding that the current judicial system and laws do not guarantee a fair and appropriate trial process. The report emphasizes that accepting the jurisdiction of the International Criminal Court to address these crimes and ensuring that crimes will be examined in competent courts will assure the international community that Iraq is serious about addressing these issues and considers justice a crucial element in creating an atmosphere of trust and national reconciliation. The UN human rights report also notes that since June 2014, at least 74 mass graves have been discovered in areas previously controlled by the 'Islamic State' group. Some of these mass graves were found in Sinjar, a region in northwestern Iraq, where the UN states that the 'Islamic State' group committed genocide against the Yazidi minority. Reuters adds that David Crane, a former war crimes prosecutor and professor at Syracuse University, emphasized in a separate report on the genocide by the 'Islamic State' group that Iraq and the international community have a duty to bring these crimes to trial. He stated that 'the prosecution of the group known as the Islamic State for the genocide of the Yazidis in national and international courts depends on the preservation and maintenance of forensic evidence related to these massacres.' The UN human rights report also calls on the Iraqi government to investigate crimes committed by government-supported forces during the Mosul operations, including kidnappings and extrajudicial executions. Furthermore, the report emphasizes that investigations should also be conducted regarding the consequences of air operations by the US-led coalition. According to the findings of this report, at least 461 civilians were killed as a result of airstrikes during the fiercest battles for the capture of western Mosul.