Populations at Risk Previously Studied Situations

Iraq

The potential for recurring armed conflict in Iraq leaves civilians at risk of war crimes and crimes against humanity.
BACKGROUND:
During July 2014 the so-called Islamic State of Iraq and the Levant (ISIL) seized vast territory across northern Iraq. A military coalition comprised mainly of the Iraqi Security Forces and Kurdish Peshmerga, operating with United States air support, has successfully recaptured all major cities once occupied by ISIL. On 21 November 2017 the government announced the end of major anti-ISIL military operations. Nevertheless, sporadic clashes also continue across parts of Nineveh governorate, where 638,900 people remain displaced, and ISIL fighters continue to pose a threat to vulnerable ethnic and religious minorities, including Christians, Shabak, Yazidis and Turkmen. ISIL also continues to target civilians from the majority Shia population in terrorist attacks.

The UN Assistance Mission for Iraq (UNAMI) and the Office of the High Commissioner for Human Rights (OHCHR) have reported that ISIL's past violations, "may amount to war crimes, crimes against humanity and possibly genocide." An estimated 30,000 civilians have been killed and 55,000 injured since January 2014, and OHCHR and UNAMI have reported that 94 mass graves have been found in formerly ISIL-held territory since June 2014. The Commission of Inquiry on Syria has also reported that ISIL "has committed the crime of genocide as well as multiple crimes against humanity and war crimes against the Yazidis" in Iraq.

OHCHR and human rights organizations have expressed concern at reports of forced evictions, killings, torture, sexual violence and denial of humanitarian aid to Sunni communities in parts of Iraq that have been reclaimed from ISIL. Iraqi courts have also reportedly sentenced 3,130 prisoners accused of links to ISIL to death. UNAMI has expressed concerns regarding the mass hanging of 42 ISIL prisoners on 25 September and 38 prisoners on 14 December. Kurdish Regional Government (KRG) security forces have also reportedly carried out extrajudicial executions of captured ISIL members.

In response to widespread protests over insufficient electricity, water quality and unemployment erupted across Basra, Maysan, Dhi Qar, Wasit, Babil, Karbala and Najaf provinces between 8 and 17 July. In response Iraqi security forces opened fire on and beat protestors, raising concerns of disproportionate and excessive use of force. At least three demonstrators were killed, including two children, and forty-seven were injured.

Following the 12 May national parliamentary elections, on 21 June the Supreme Court of Iraq ruled in favor of a manual recount of ballots in response to allegations of electoral fraud. The results of the election were ratified on 19 August.

The UN Office for the Coordination of Humanitarian Affairs estimates that as of June 8.7 million people in Iraq – one third of the population – were still in need of humanitarian assistance, with 2 million people still internally displaced.

ANALYSIS:
Cultural identities and religious loyalties continue to be manipulated by some forces in Iraq, posing a threat to the country's long-term political stability and social cohesion. Following the recount of ballots for the parliamentary elections on 12 May the new Iraqi government must take active steps to facilitate reconciliation, counter violent extremism, and minimize the risk of recurring armed conflict.

The Iraqi government needs ongoing international assistance to uphold its Responsibility to Protect

INTERNATIONAL RESPONSE:
On 14 June the UN Security Council (UNSC) adopted Resolution 2421, renewing the mandate of UNAMI until 31 May 2019.

On 21 September UNSC Resolution 2379 authorized the establishment of an Investigative Team to support domestic accountability efforts by collecting evidence regarding potential atrocities committed by ISIL in Iraq. On 31 May the Secretary-General appointed Karim Asad Ahmad Khan as the Special Adviser and Head of the Team, and the team began its work on 20 August.

NECESSARY ACTION:
While continuing to battle ISIL and other armed extremist groups, it is essential that the Iraqi government protects all civilians and addresses the underlying sources of conflict between Sunnis, Shias, Kurds and other minorities within Iraq.

All relevant authorities must actively prevent reprisals against Sunni civilians in areas recaptured from ISIL. The Iraqi government should take steps to demobilize and reintegrate members of the Popular Mobilization Forces, and accelerate security sector reform. The government should undertake credible investigations of alleged human rights abuses carried out by members of its security forces.

UN member states should support the operations of the Investigative Team established by Iraq and the UNSC, and provide financial and technical assistance. The government of Iraq should adopt enabling legislation to incorporate genocide, war crimes and crimes against humanity into domestic law. All perpetrators of atrocities in Iraq, regardless of affiliation, should be held accountable for their crimes.


Last Updated: 5 September 2018

The five most recent issues of R2P Monitor and Atrocity Alert are available in the side-bar. To see previous assessments of this country, please see R2P Monitor and Atrocity Alert on our Publications page. Iraq has been featured in the R2P Monitor since the July 2013 issue.