Justice for Sexual Crimes Committed by IS: Exploring Accountability and Compliance Mechanisms

Abstract

The civil war in Syria has been raging for over almost six years now. Since 2011, several armed groups have been fighting government forces and each other for control over portions of Syrian territory. The most well-known of these groups proclaimed itself as the ‘Islamic State’ (IS). Under the leadership of Abu Bakr al-Baghdadi, IS controls substantial parts of the territory of Syria and Iraq. It has been documented that IS perpetrated and perpetrates international crimes (war crimes, crimes against humanity, possibly even genocide) against the population living in the territories they control, notably against the ethnic-religious group of the Yezidis. This contribution focuses on crimes of sexual violence committed against Yezidi women and girls. IS controls every part of life of Yezidi women and girls, dictating them what to wear and with whom they may enter public life. Violations of IS regulations result in physical and psychological punishments. Women and girls are killed, tortured, raped, and traded or held as slaves. The international community has concentrated its efforts on militarily defeating IS. The question remains, however, whether and how IS and its members could be held accountable for their transgressions. We assess a number of criminal and non-criminal accountability mechanisms that could be envisaged or have already been implemented: international and national criminal proceedings (Sections 3 and 4), national tort (civil) proceedings (Section 5), and international administrative sanctions (Section 6). It also inquires briefly whether and how compliance of IS with international (humanitarian) law could be furthered (Section 7). First, however, any remaining doubts as to the applicability of international humanitarian law to IS will be dispelled (Section 2).