In 2014, the Islamic State’s invasion of northern Iraq resulted in a horrific genocide against the Yazidi community, claiming the lives of around 5,000 individuals and leading to the abduction of 6,000 women and children. Many of these victims were coerced into converting to Islam and sold into slavery. In the aftermath of this atrocity, thousands of Yazidis fled their homeland, seeking refuge in various countries, including Australia, where over 4,000 members of the community are now striving to rebuild their lives. However, the quest for justice remains a complex and often painful struggle, as efforts to hold the perpetrators accountable have faced significant obstacles.
The Ongoing Fight for Justice
Despite recognition of the genocide by nations, including Australia, the actions taken to fulfill legal obligations regarding prevention and punishment have been minimal. Professor Aldo Zammit-Borda, an international law expert, emphasized that Yazidis currently live in a state of acknowledgment without adequate remedy. There is growing concern among the Yazidi community, especially regarding the return of ISIS-affiliated families to Australia. The possibility of living alongside those implicated in their persecution raises fears about safety and justice. Zammit-Borda highlighted the disturbing scenario of victims potentially coexisting with their abusers, which exacerbates the psychological wounds suffered by the community.
With evidence being a critical challenge, the ability to prosecute those accused of atrocities becomes increasingly complex. In May, the Australian Federal Police took important steps by initiating landmark prosecutions against two women linked to ISIS, Zeinab Ahmad and her mother, Kawsar Ahmad. They face charges related to crimes committed during the Islamic State’s rule, including the enslavement of a Yazidi woman. This legal action marks a pivotal moment in Australia’s approach to addressing international crimes, as it applies laws that were previously rarely utilized.
Prosecution Efforts in Germany
While the Islamic State’s crimes were perpetrated in Iraq and Syria, few perpetrators have faced justice within those territories. Much of the accountability movement has shifted to European nations, particularly Germany, where authorities have leveraged universal jurisdiction laws to prosecute those involved in ISIS atrocities. The International Criminal Court (ICC) cannot prosecute these crimes due to Iraq and Syria’s non-signature of the Rome Statute, which leaves national courts as the primary avenue for justice. Natalie von Wistinghausen, a prominent German lawyer, noted that Yazidis have little hope for justice in their homeland, leading them to seek accountability through courts in other countries.
Germany has emerged as a leading jurisdiction for prosecuting ISIS-related crimes. The principle of universal jurisdiction allows German courts to take action against international crimes, regardless of the nationality of the accused or the victims, or where the crimes were committed. This has resulted in significant actions against returning ISIS members, with von Wistinghausen representing Yazidi survivors in notable prosecutions. One landmark case involved a German national whose trial set vital legal precedents regarding IS’s treatment of Yazidis.
Establishing a Truth Commission
In a bid to further support the Yazidi community, Dr. Zammit-Borda is spearheading initiatives to establish a community-based Truth Commission aimed at uncovering the realities of the 2014 genocide. This proposed commission, set to take place in Germany in late 2026, aims to document the experiences and testimonies of Yazidis, including those who have relocated to Australia. By focusing on the truths surrounding the genocide, this effort seeks to bridge the gap left by the international community in providing justice and healing for the victims.
Zammit-Borda passionately argues that the international community has unsuccessful upheld its responsibilities under the Genocide Convention, further motivating his commitment to uncover the truths of the Yazidi genocide. This truth commission represents a critical step towards not only recognizing the atrocities committed against the Yazidi people but also fostering a path toward healing and resolution for survivors.