The Swiss parliament has officially recognized [12] the atrocities committed by the Islamic State (ISIS) against Iraq's Yazidi community as constituting genocide. The motion, passed on Dec. 24, condemns the systematic expulsion, rape and murder of Yazidis, and the destruction of their cultural sites. The majority of the Swiss National Council voted in favor of the bill [13], with 105 lawmakers supporting recognition of the genocide and 61 opposing it. The parliament's statement emphasized the need for international reparations and justice for survivors.
The ISIS attack on the Yazidi heartland of Shingal in August 2014 resulted in an estimated 5,000 deaths and the abduction of 6,417 women and children, who were forced into sexual slavery and labor. The United Nations Investigative Team to Promote Accountability for Crimes Committed by Da'esh/ISIL (UNITAD) has classified [17] the attack as clear evidence of genocidal intent.
Switzerland joins several other countries and bodies, including the European Parliament [14] and a United Nations Commission of Inquiry [15], in recognizing the ISIS crimes against Yazidis as genocide. The National Assembly of Armenia [18], [19] the Australian parliament [20], [19] the Canadian parliament [21], the United States House of Representatives [22] and the United Kingdom [19] are all considering motions on the Yazidi genocide.
The International Commission on Missing Persons (ICMP) has launched an initiatives [23] to reunite abducted Yazidis with their families. The Kurdistan Regional Government and the Iraqi federal government pledged to work together to return displaced Yazidis to their homes in Shingal (also rendered Sinjar [24]) under the 2020 Sinjar Agreement [25].
On Dec. 11, a Dutch court convicted an ISIS follower, Hasna A. [26] for crimes against a Yazidi woman. Hasna A. was charged with slavery, membership in a terrorist organization, promoting terrorist crimes, and endangering her minor son. A week later she was sentenced [27] to 10 years in prison. There have been similar convictions [28] in Germany.
The Yazidi genocide
The Yazidis are a religious minority, who primarily live in the Shingal area of Iraq. In the summer of 2014, the region was invaded by ISIS, who proceeded to separate and round up Yazid men and boys, executing the men and older boys who refused to convert to Islam. Since Shingal was liberated by Kurdish forces in November 2015, a total of 81 mass graves have been found [29] in the area.
More than 6,000 women and children were taken captive by ISIS and forced into sex slavery. According to Nadia's Initiative [30]: "Sexual violence was strategically used as a weapon of war and codified in ISIS manuals that explained how to traffic Yazidi women. ISIS believed that violating women would destroy the community from within." Nearly 2,800 women and children are still missing.
Pursuit of justice
Iraq passed the Yazidi Survivors Law [31] in March 2021, which established a program to ensure survivors' right to reparations. However, human rights organizations have asserted that the program is not being implemented seriously. Human Rights Watch has said [32] that "several survivors have reported harassment and stigmatization while filing criminal complaints with the judiciary." To date, no ISIS members [30] have been tried by the Iraqi courts for their role in the sexual violence or genocide. The International Criminal Court faces jurisdictional constraints, meaning that Yazidi people have been seeking redress in national courts through the principle of universal jurisdiction.
From JURIST [27], JURIST [33], Dec. 19. Used with permission.
