UN Releases Guidelines for Team Investigating ISIS Crimes in Iraq
Death Penalty Debate Dodged
▻https://www.justsecurity.org/52628/iraqi-investigative-team-terms-reference-released-death-penalty-debate
▻https://www.justsecurity.org/wp-content/uploads/2018/02/2018-02-09-TORs-UN-iraq-investigative-mechanism.pdf
The Security Council complied on the basis of a resolution drafted by the United Kingdom and asked the Secretary-General to establish an Investigative Team, headed by a Special Adviser, to:
support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group ISIL (Da’esh) in Iraq, to the highest possible standards … to ensure the broadest possible use before national courts, and complementing investigations being carried out by the Iraqi authorities, or investigations carried out by authorities in third countries at their request…
In this regard, the resolution has a singular focus on crimes committed by ISIL, with no mandate to look into crimes attributable to governmental forces, at the federal or regional level (e.g., Kurdistan Regional forces); militia such as the Popular Mobilization Forces; or international forces for that matter. In fact, the resolution suggests that Iraq will be in a position to dictate “any other uses” of the evidence generated “on a case by case basis.” Although having Baghdad’s consent will be crucial to the Investigative Team’s ability to operate in the country, it comes at the expense of an impartial investigation that follows the evidence rather than focuses on a single armed group, no matter how heinous.
The newly released ToR instruct the Investigative Team to:
Collect evidence to the highest possible standards to ensure the broadest possible use before national courts in Iraq.
Establish standard operating procedures for collection, analysis, and archiving of potential evidence.
Organize, preserve, and catalogue all evidence in accordance with international criminal law standards and Iraqi domestic law and establish an uninterrupted chain of custody and a system of data protection.
Adopt procedures to obtain the informed consent of, and for the protection of, victims and witnesses.
Enter into agreements with member states and organizations to support its work.
Provide capacity building and legal assistance to the Government of Iraq.
Liaise with an Iraqi Steering Committee, which will provide the necessary assistance and security to fulfill the team’s mandate free of interference.