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To the Government of Iraq:

Ensure that all alleged crimes are investigated in line with international human rights standards, and perpetrators are brought to justice.
Become a party to the Rome Statute of the International Criminal Court (ICC) and ensure that the international crimes defined in the Rome Statute are criminalised under domestic law. In the meantime, to accept the ICC jurisdiction over the current situation under Article 12 (3).
Ensure that the findings of all Government-initiated investigations into violations of international humanitarian and human rights law are made public and lead to effective remedies for victims.
Engage in a rights-based, inclusive and meaningful political dialogue to bring the current crisis to an end. Foster a national reconciliation process that represents the legitimate interests and grievances of all Iraqis.
Ensure that all Iraqis currently displaced have access to essential services and fundamental rights such as access to adequate healthcare and education. Establish non-discriminatory procedures of access to safe zones, taking into consideration the humanitarian imperative. Ensure durable solutions for all displaced populations recognising their right to return and their right as Iraqi citizens to reside in any part of the country.
Ensure that victims of the international crimes documented in this report, particularly survivors of sexual abuse and sexual slavery, receive adequate support including psycho-social support and medical care.
Ensure the protection of mass graves along with measures to identify the dead and launch an efficient investigation to determine the circumstances under which death occurred.
Investigate allegations that ISF and armed groups acting under its control failed to protect communities persecuted by ISIL.
Invite the special procedures of the Human Rights Council, in particular the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on torture and other cruel, inhuman or degrading treatment or punishment, as well as the Working Group on Arbitrary Detention, to visit Iraq to monitor and report on the human rights situation.

To the Human Rights Council:

Ensure that the situation of human rights in Iraq remains on the agenda of the Council by continuing to closely follow the situation in Iraq with a view to ensuring that perpetrators of violations of international humanitarian law and violations and abuses of human rights law are held accountable through the establishment of appropriate monitoring and investigating mechanisms.
Urge the Security Council to remain seized of and to address, in the strongest terms, information that points to genocide, crimes against humanity and war crimes, and call on the Security Council to consider referring the situation in Iraq to the International Criminal Court.

Annex

Note Verbales

[Arabic/English only]

* ^* Late submission.

1 ISIL is on the al-Qa’eda Sanction List of the Security Council in resolutions 1267 of 1999, and 1989 of 2011, which imposes financial sanctions, an arms embargo and a travel ban on its members.

2 The Popular Mobilization movement was established following the seizure of territories by ISIL in June 2014 when Grand Ayatollah Ali al-Sistani called on volunteers to defend their homeland. On 30 September 2014, the Cabinet passed a resolution calling on Prime Minister al-Abadi to ensure the provision of the Movement with weapons, logistics, training and salaries.

3 Pursuant to General Assembly Resolution A/RES/48/141.

4 See Notes Verbales in Annex.

5 Article 8.

6 It is difficult to determine the exact number, particularly given the fact that many of those who are listed as missing were killed. Civil society organisations shared lists containing the names of thousands of alleged victims with the investigation mission.

7 Ahl Al Kitab in Islam includes Christians, Jews and Sabea-Mandeans.

8 The Awakening Councils (Sahwa) consist of tribal sheikhs who joined forces with the US military in the fight against al-Qa’eda in Iraq from 2006.

9 Reportedly, the ‘repentant’ has three options: ‘repent’ in a Mosque in the presence of an ISIL appointed ‘emir’, pay 1,000,000 Iraqi dinar, (850 US dollars), or face execution.

10 ‘Emirs’, local ISIL commanders, report to Sheikhs in the ISIL chain of command.

11 The pattern described by numerous witnesses is corroborated by an ISIL pamphlet on female slaves released in October/November 2014, entitled, ‘Questions and Answers on Taking Captives and Slaves.’ It clarifies ISIL regulations on the treatment of non-Muslim ‘slaves’, including young girls.

12 The pattern described by numerous witnesses is corroborated by an ISIL pamphlet on female slaves released in October/November 2014, entitled, ‘Questions and Answers on Taking Captives and Slaves.’ It clarifies ISIL regulations on the treatment of non-Muslim ‘slaves’, including young girls.

13 ¹³ Another witness told the mission that the same doctor also raped victims as young as 11 and 16 years of age.

14 Locations around Mosul included Badoush prison, Hay Tiraan village, the ‘Galaxy building’ and several private houses.

15 Locations within Tel Afar included several former Shi’a villages such as Ghizel Khoun and Qasr Mihrab.

16 ¹⁶ The Optional Protocol to the Convention on the Rights of the Child states that non-State armed groups should not, ‘under any circumstances’ recruit or use children under 18 years in hostilities.

17 ¹⁷ Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities is a war crime as provided in Article 8 (2)(e)(vii) of the Rome Statute.

18 Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities is a war crime as provided in Article 8 (2)(e)(vii) of the Rome Statute.

19 Several militia groups were reportedly present in Sinsil following the fall of Mosul on 10 June 2014.

20 Information suggests that the massacre was carried by militia members and Iraqi police.

21 Documented in a YouTube video provided to the mission by the family.

22 The fighters identified themselves as members of Jama’at al-‘Ataba militia.

E.15-

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