UN mission probing Daesh crimes forced to shut in Iraq

Man sits next to coffins containing remains of people from the Yazidi minority, who were killed in Daesh attacks in 2014, after they were exhumed from a mass grave, in Mosul, Iraq. (File/Reuters)
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Updated 20 March 2024
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UN mission probing Daesh crimes forced to shut in Iraq

  • Head of UN agency says work is not complete
  • Move may hamper bid to prosecute more Daesh members

BAGHDAD: A United Nations mission set up to help Iraq investigate alleged Daesh genocide and war crimes is being forced to shut prematurely before it can finish its probes, following a souring of its relationship with the Iraqi government.
The removal of the UN mission set up in 2017 comes nearly a decade after the extremist group rampaged across Syria and Iraq and at a time when many of Daesh’s victims still live displaced in camps and long for justice.
“Is the work done? Not yet, this is pretty clear,” Christian Ritscher, head of the UN Investigative Team to Promote Accountability for Crimes Committed by Daesh (UNITAD), told Reuters in an interview.
“We need more time... If you look at an end-date of September 2024, we will not achieve a completion of all investigative lines,” nor other projects such as creating a central archive for millions of pieces of evidence, he said.
Ritscher was speaking at length about the closure for the first time since the UN Security Council in September renewed the agency’s mandate for only one final year at Iraq’s request.
UNITAD’s international backers and donors had expected its work would continue for several more years.
Critics of Iraq’s decision to end the mission say it will hamper efforts to hold more members of Daesh accountable after UNITAD contributed to at least three convictions on charges of genocide and other international crimes in Germany and Portugal.
They also say it casts doubt on Iraq’s commitment to holding Daesh members accountable for such crimes at home, at a time when the vast majority of convictions in Iraq are made for simple membership of a terrorist organization, rather than specific crimes such as sexual abuse or slavery.
From Iraq’s perspective, UNITAD was no longer needed and had not successfully cooperated with Iraqi authorities, Farhad Alaaldin, foreign affairs adviser to the prime minister, told Reuters.
“In our view, the mission has ended and we appreciate the work that has been done and it’s time to move on,” he said, noting the mission “didn’t respond to repeated requests for sharing evidence” and must now do so before it ends.

’Highly political’
But that transfer of information appears uncertain.
UNITAD was set up to help Iraq hold Daesh members accountable for international crimes — genocide, war crimes and crimes against humanity — but Iraq has not passed legislation for that to happen in-country, leaving UNITAD “in a waiting position,” Ritscher said.
Additionally, UNITAD was reluctant to share evidence it gathered with Iraqi authorities because of Iraq’s use of the death penalty, which goes against UN policy, according to six people familiar with the mission’s work.
These factors put UNITAD in the awkward position of gathering evidence, including hundreds of witness testimonies, in Iraq but mainly using that evidence in legal processes abroad, in a mismatch that festered for years.
Reuters spoke to nine diplomats and international officials and four Iraqi sources to piece together this account of how UNITAD’s mission came to be curbed and the consequences it may have for accountability efforts.
Apart from the baked-in mismatch between the mission’s goals and Iraq’s expectations, six people said that under Ritscher, a seasoned German prosecutor, UNITAD had not properly invested in the politics of dealing with Iraqi authorities, harming the relationship.
“Death penalty was always a main issue with UNITAD. It’s mandate was far-fetched but many hoped it could work,” a senior international diplomat said, referring to the incompatibility between goals and expectations.
“Added to that, the current leadership did not have the political skills to reach out. That doesn’t work here in Iraq. Everything is highly political here.”
In response to that comment, a UNITAD spokesperson said the mission had absolute clarity from the beginning that it existed under the request of Iraq, and was always convinced the Iraqi judiciary was its main partner.
The spokesperson noted UNITAD’s production of joint case files with the Iraqi judiciary for trials abroad, as well as capacity-building for judges and cooperation on the exhumation of 70 mass graves and dignified burials for Daesh victims.

Lost hope
For many Daesh victims who distrust Iraq’s government and saw UNITAD’s presence as a reassuring sign of the international community’s support, the end of the mission has come as a blow.
These include members of Iraq’s Yazidi community, a religious minority Daesh saw as devil worshippers and subjected to mass killings, sexual violence and enslavement.
“Its very hard to see them leave us like this in the middle of the road,” said Zina, a Yazidi enslaved by Daesh at the age of 16 and held in captivity for three years.
She spoke via phone from a displacement camp near her native Sinjar in northwestern Iraq to which she cannot return amid concerns over security and lack of government compensation.
She asked Reuters to withhold her full name due to the sensitivity of what was discussed.
Zina said she was physically and sexually abused in captivity and true justice would require the family that enslaved her be tried for those crimes, rather than convicted of simple membership of a terrorist group.
“We wanted UNITAD to give us the chance to achieve even a little bit of justice in Iraq but, as I see it, the world failed us,” she said, referring to UNITAD’s impending closure.
Alaaldin said the government respected the critical views of citizens and was more supportive of Iraq’s minority communities than previous administrations.
Ritscher said he understood victims’ concerns but “I do not share the very negative assumptions about Iraq’s judiciary.”
With the mission set to end by mid-September, a burning question currently under negotiation between Iraq and the world body is what happens to the mass of evidence UNITAD gathered.
On the one hand, some diplomats, activists and victims are concerned it could be misused by Iraq, including in trials with little due process that might result in death sentences. On the other, much of the evidence could be critical to holding Daesh members accountable for specific international crimes.
“What we aimed to achieve is a proper completion. We want to ensure that this work is not lost or will simply go into a dead archive somewhere in the basement of a UN building,” Ritscher said, though there is not yet clarity on the matter.
Razaw Salihy, Iraq researcher at Amnesty International, noted flaws in the Iraqi justice system “that have landed thousands of men and boys on death row via confessions extracted under torture, duress and other kinds of ill treatment.”
Iraq denies obtaining confessions through coercion.
She said Iraq should reform its judiciary and pass a law on international crimes but noted political will might be lacking among a ruling coalition that includes armed groups.
“It could be a Pandora’s box. A working mechanism to hold members of IS accountable could also very easily be used to hold members of Iraqi security forces and armed groups accountable,” she said.


Libya war crimes probe to advance next year: ICC prosecutor

An exterior view of the International Criminal Court in The Hague, Netherlands, March 31, 2021. (REUTERS)
Updated 15 May 2024
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Libya war crimes probe to advance next year: ICC prosecutor

  • The Security Council referred the situation in Libya to the ICC in February 2011 following a violent crackdown on unprecedented protests against the regime of Muammar Qaddafi

UNITED NATIONS, United States: The International Criminal Court prosecutor probing war crimes committed in Libya since 2011 announced Monday his plans to complete the investigation phase by the end of 2025.
Presenting his regular report before the United Nations Security Council, Karim Khan said that “strong progress” had been made in the last 18 months, thanks in particular to better cooperation from Libyan authorities.
“Our work is moving forward with increased speed and with a focus on trying to deliver on the legitimate expectations of the council and of the people of Libya,” Khan said.
He added that in the last six months, his team had completed 18 missions in three areas of Libya, collecting more than 800 pieces of evidence including video and audio material.
Khan said he saw announcing a timeline to complete the investigation phase as a “landmark moment” in the case.
“Of course, it’s not going to be easy. It’s going to require cooperation, candor, a ‘can do’ attitude from my office but also from the authorities in Libya,” he added.
“The aim would be to give effect to arrest warrants and to have initial proceedings start before the court in relation to at least one warrant by the end of next year,” Khan said.
The Security Council referred the situation in Libya to the ICC in February 2011 following a violent crackdown on unprecedented protests against the regime of Muammar Qaddafi.
So far, the investigation opened by the court in March 2011 has produced three cases related to crimes against humanity and war crimes, though some proceedings were abandoned after the death of suspects.
An arrest warrant remains in place for Seif Al-Islam Qaddafi, the son of the assassinated Libyan dictator who was killed by rebel forces in October 2011.
Libya has since been plagued by fighting, with power divided between a UN-recognized Tripoli government and a rival administration in the country’s east.
 

 

 


Palestinians rally at historic villages in northern Israel

Updated 15 May 2024
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Palestinians rally at historic villages in northern Israel

  • The descendants of the 160,000 Palestinians who managed to remain in what became Israel presently number about 1.4 million, around 20 percent of Israel’s population
  • Israel has killed more than 35,000 Palestinians in Gaza, mostly women and children, according to the health ministry in the Hamas-run territory

SHEFA-AMR: Thousands of people took part Tuesday in an annual march through the ruins of villages that Palestinians were expelled from during the 1948 war that led to Israel’s creation.
Wrapped in keffiyeh scarves and waving Palestinian flags, men and women rallied through the abandoned villages of Al-Kassayer and Al-Husha — many holding signs with the names of dozens of other demolished villages their families were displaced from.
“Your Independence Day is our catastrophe,” reads the rallying slogan for the protest that took place as Israelis celebrated the 76th anniversary of the proclamation of the State of Israel.
The protest this year was taking place against the backdrop of the ongoing war in Gaza, where fighting between Israel and Palestinian militant group Hamas has displaced the majority of the population, according to the United Nations.
Among those marching Tuesday was 88-year-old Abdul Rahman Al-Sabah.
He described how members of the Haganah, a Zionist paramilitary group, forced his family out of Al-Kassayer, near the northern city of Haifa, when he was a child.
They “blew up our village, Al-Kassayer, and the village of Al-Husha so that we would not return to them, and they planted mines,” he said, his eyes glistening with tears.
The family was displaced to the nearby town of Shefa-Amr.
“But we continued (going back), my mother and I, and groups from the village, because it was harvest season, and we wanted to live and eat,” he said.
“We had nothing, and whoever was caught by the Israelis was imprisoned.”
Palestinians remember this as the “Nakba,” or catastrophe, when around 760,000 Palestinians fled or were driven from their homes during the war that led to the creation of Israel.
The descendants of the 160,000 Palestinians who managed to remain in what became Israel presently number about 1.4 million, around 20 percent of Israel’s population.

Many of today’s Arab Israelis remain deeply connected to their historic land.
At Tuesday’s march, one man carried a small sign with “Lubya,” the name of what was once a Palestinian village near Tiberias.
Like many other Palestinian villages, Al-Husha and Al-Kassayer witnessed fierce battles in mid-April 1948, according to historians of the Haganah, among the Jewish armed groups that formed the core of what became the Israeli military.
Today, the kibbutz communities of Osha, Ramat Yohanan and Kfar Hamakabi can be found on parts of land that once housed the two villages.
“During the attack on our village Al-Husha, my father took my mother, and they rode a horse to the city of Shefa-Amr,” said Musa Al-Saghir, 75, whose village had been largely made up of people who immigrated from Algeria in the 1880s.
“When they returned to see the house, the Haganah forces had blown up the village and its houses,” said the activist from a group advocating for the right of return for displaced Arabs.
Naila Awad, 50, from the village of Reineh near Nazareth, explained that the activists were demanding both the return of displaced people to their demolished villages within Israel, as well as the return of the millions of Palestinian refugees living in the West Bank, Gaza and other countries.
“No matter how much you try to break us and arrest us, we will remain on our lands,” she insisted.
 

 


Egypt rejects Israel’s denial of role in Gaza aid crisis

Updated 15 May 2024
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Egypt rejects Israel’s denial of role in Gaza aid crisis

  • Sameh Shoukry: “Egypt affirms its categorical rejection of the policy of distorting the facts and disavowing responsibility followed by the Israeli side”

CAIRO: Egypt’s foreign minister on Tuesday accused Israel of denying responsibility for the humanitarian crisis in Gaza after his Israeli counterpart said Egypt was not allowing aid into the war-torn territory.
Israeli troops on May 7 said they took control of the Palestinian side of the Rafah crossing to Egypt as part of efforts to root out Hamas militants in the east of Rafah city.
The move defied international opposition and shut one of the main humanitarian entry points into famine-threatened Gaza. Since then, Egypt has refused to coordinate with Israel aid access through the Rafah crossing.
Sameh Shoukry, Egypt’s foreign minister, said in a statement that “Egypt affirms its categorical rejection of the policy of distorting the facts and disavowing responsibility followed by the Israeli side.”
In a tweet on social media platform X, Israeli Foreign Minister Israel Katz had said, “Yesterday, I spoke with UK Foreign Secretary David Cameron and German Foreign Minister Annalena Baerbock about the need to persuade Egypt to reopen the Rafah crossing to allow the continued delivery of international humanitarian aid to Gaza.”
Katz added that “the key to preventing a humanitarian crisis in Gaza is now in the hands of our Egyptian friends.”
Shoukry, whose country has tried to mediate a truce in the Israel-Hamas war, responded that “Israel is solely responsible for the humanitarian catastrophe that the Palestinians are currently facing in the Gaza Strip.”
He added that Israeli control of the Palestinian side of the Rafah border crossing and its military operations exposes “aid workers and truck drivers to imminent dangers,” referencing trucks awaiting entry to Gaza.
This, he said, “is the main reason for the inability to bring aid through the crossing.”
UN chief Antonio Guterres said he is “appalled” by Israel’s military escalation in Rafah, a spokesman said.
Guterres’ spokesman Farhan Haq said “these developments are further impeding humanitarian access and worsening an already dire situation,” while also criticizing Hamas for “firing rockets indiscriminately.”
Since Israeli troops moved into eastern Rafah, the aid crossing point from Egypt remains closed and nearby Kerem Shalom crossing lacks “safe and logistically viable access,” a UN report said late on Monday.


Daesh claims attack on army post in northern Iraq

Updated 15 May 2024
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Daesh claims attack on army post in northern Iraq

  • Daesh said in a statement on Telegram it had targeted the barracks with machine guns and grenades

BAGHDAD: Daesh claimed responsibility on Tuesday for an attack on Monday targeting an army post in northern Iraq which security sources said had killed a commanding officer and four soldiers.
The attack took place between Diyala and Salahuddin provinces, a rural area that remains a hotbed of activity for militant cells years after Iraq declared final victory over the extremist group in 2017.
Security forces repelled the attack, the defense ministry said on Monday in a statement mourning the loss of a colonel and a number of others from the regiment. The security sources said five others had also been wounded.
Daesh said in a statement on Telegram it had targeted the barracks with machine guns and grenades.
Iraq has seen relative security stability in recent years after the chaos of the 2003-US-led invasion and years of bloody sectarian conflict that followed.

 


Israeli forces repeatedly target Gaza aid workers, says Human Rights Watch

Updated 14 May 2024
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Israeli forces repeatedly target Gaza aid workers, says Human Rights Watch

  • They are among more than 250 aid workers who have been killed in Gaza since the war erupted more than seven months ago, according to UN figures
  • Israel has killed more than 35,000 Palestinians in Gaza, mostly women and children, according to the health ministry in the Hamas-run territory

JERUSALEM: Human Rights Watch said on Tuesday that Israel had repeatedly targeted known aid worker locations in Gaza, even after their coordinates were provided to Israeli authorities to ensure their protection.
The rights watchdog said that it had identified eight cases where aid convoys and premises were targeted, killing at least 15 people, including two children.
They are among more than 250 aid workers who have been killed in Gaza since the war erupted more than seven months ago, according to UN figures.
In all eight cases, the organizations had provided the coordinates to Israeli authorities, HRW said.
This reveals “fundamental flaws with the so-called deconfliction system, meant to protect aid workers and allow them to safely deliver life-saving humanitarian assistance in Gaza,” it said.
“On one hand, Israel is blocking access to critical lifesaving humanitarian provisions and on the other, attacking convoys that are delivering some of the small amount that they are allowing in,” Belkis Wille, HRW’s associate crisis, conflict and arms director, said in Tuesday’s statement.
HRW highlighted the case of the World Central Kitchen, a US-based charity who saw seven of its aid workers killed by an Israeli strike on their convoy on April 1.
This was not an isolated “mistake,” HRW said, pointing to the other seven cases it had identified where GPS coordinates of aid convoys and premises had been sent to Israeli authorities, only to see them attacked by Israeli forces “without any warning.”