UN Efforts to Make isis Accountable for International Crimes: the Challenges Posed by Iraq’s Domestic Law

Abstract

Abstract Following the military defeat of isis in Iraq in December 2017, it has become clear that a logical next step would be to hold members of isis accountable for crimes committed during the capture of a number of principal Iraqi cities between 2014–2017. The unsc, accordingly, decided to investigate isis crimes internationally by establishing unitad to document isis violations whilst leaving any proposed prosecutions to be conducted internally by Iraqi courts. The practical implementation of this hybrid international mechanism for prosecuting isis members has generated some legal challenges caused particularly by the national laws of Iraq. Some of these legal issues arise in relation to unitad’s subjective jurisdiction to collect evidence concerning isis terrorist acts that might amount to evidence of war crimes, genocide and crimes against humanity. Others arise in relation to whether unitad’s criminal investigation procedures align or conform with Iraq’s criminal procedure laws. This paper examines these challenges and will propose some appropriate solutions.