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.


35,562 Palestinians killed in Gaza offensive since Oct. 7 — health ministry

Updated 5 sec ago
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35,562 Palestinians killed in Gaza offensive since Oct. 7 — health ministry

106 Palestinians were killed and 176 injured in the past 24 hours

DUBAI: More than 35,562 Palestinians have been killed and 79,652 injured in the Israeli military offensive on Gaza since Oct. 7, the Gaza health ministry said in a statement on Monday.
One hundred and six Palestinians were killed and 176 injured in the past 24 hours, the ministry added.

Source close to Hezbollah says 4 dead in Israeli strikes on Lebanon

Updated 9 min 6 sec ago
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Source close to Hezbollah says 4 dead in Israeli strikes on Lebanon

  • The source close to Hezbollah told AFP that “at least four Hezbollah fighters were killed in Israeli raids on two different sites in southern Lebanon“
  • The Israeli military said fighter jets struck “a Hezbollah terrorist cell”

BEIRUT: A source close to Hezbollah said four fighters were killed Monday in south Lebanon, with the Iran-backed group announcing two dead and a retaliatory attack, while Israel claimed strikes.
Hezbollah, a Hamas ally, has traded near daily cross-border fire with Israeli forces since the Palestinian group’s October 7 attack on southern Israel that sparked the war in Gaza.
The source close to Hezbollah told AFP that “at least four Hezbollah fighters were killed in Israeli raids on two different sites in southern Lebanon,” identifying the locations as Naqura on the coast and Mais Al-Jabal, a border village to the east.
The Shiite Muslim movement said two of its fighters, both from Naqura, had been killed, without providing further details.
The Israeli military said fighter jets struck “a Hezbollah terrorist cell” and a launch post in the Mais Al-Jabal area, while Israeli army “artillery fired to remove a threat” in the Naqura area.
Hezbollah said it launched a heavy rocket attack at an Israeli army barracks in the country’s north “in retaliation” for the Naqura strike, while also announcing other attacks on Israeli positions.
Lebanon’s official National News Agency (NNA) reported Israeli strikes on Mais Al-Jabal and Naqura, where it said Israel fired near Hezbollah-affiliated rescue personnel and wounded a civilian.
The fighting has killed at least 423 people in Lebanon, mostly militants but also including 82 civilians, according to an AFP tally.
Israel says 14 soldiers and 11 civilians have been killed on its side of the border.
The violence has raised fears of all-out conflict between Hezbollah and Israel, which went to war in 2006.


War monitor says Israeli strikes kill six pro-Iran fighters in Syria

Updated 20 May 2024
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War monitor says Israeli strikes kill six pro-Iran fighters in Syria

  • A Hezbollah source said that at least one fighter from the group was killed in Israeli strikes in the Qusayr area

Beirut: A war monitor said at least six pro-Iran fighters were killed Monday in Israeli strikes in Syria near the Lebanese border, in an area where Lebanon’s powerful Hezbollah group holds sway.
The Syrian Observatory for Human Rights said “Israeli strikes targeted two positions of pro-Iran groups in the Homs region,” including “a Hezbollah site in the Qusayr area” near the border where “six Iran-backed fighters were killed.”
The Observatory did not specify their nationalities.
A Hezbollah source told AFP that at least one fighter from the group was killed in Israeli strikes in the Qusayr area.
Israel rarely comments on individual strikes in Syria but has repeatedly said it will not allow its arch-enemy Iran to expand its presence there.
On Saturday, the Observatory said an Israeli drone strike near the Lebanese border targeted a vehicle carrying “a Hezbollah commander and his companion,” without reporting casualties.
Hezbollah did not announce any deaths among its ranks on Saturday.
On May 9, Israeli strikes on Syria targeted facilities belonging to Iraq’s Al-Nujaba armed movement, the Observatory and the pro-Iran group said, with Damascus saying an unidentified building was attacked.
The Israeli military has carried out hundreds of strikes in Syria since the outbreak of the civil war in its northern neighbor in 2011, mainly targeting army positions and Iran-backed fighters including from Lebanon’s Hezbollah group.
But the strikes increased after Israel’s war with Hamas in the Gaza Strip began on October 7, when the Iran-backed Palestinian militant group launched an unprecedented attack against Israel.
Syria’s war has killed more than half a million people and displaced millions more since it erupted in 2011 after Damascus cracked down on anti-government protests.


ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu

Updated 47 min 24 sec ago
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ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu

  • Karim Khan believes Benjamin Netanyahu, Yoav Gallant and three Hamas leaders are responsible for war crimes and crimes against humanity

THE HAGUE, Netherlands: The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas.

Karim Khan said that he believes Netanyahu, his defense minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence and determine if the proceedings can move forward.

Israel is not a member of the court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But Khan’s announcement deepens Israel’s isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Both Sinwar and Deif are believed to be hiding in Gaza as Israel tries to hunt them down. But Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region.

There was no immediate comment from either side.

Israel launched its war in response to an Oct. 7 cross-border attack by Hamas that killed some 1,200 people, mostly civilians, and took 250 others hostage. The Israeli offensive has killed over 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials. The Israeli offensive has also triggered a humanitarian crisis in Gaza, displacing roughly 80 percent of the population and leaving hundreds of thousands of people on the brink of starvation, according to UN officials.

Speaking of the Israeli actions, Khan said in a statement that “the effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known. ... They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.”

The United Nations and other aid agencies have repeatedly accused Israel of hindering aid deliveries throughout the war. Israel denies this, saying there are no restrictions on aid entering Gaza and accusing the United Nations of failing to distribute aid. The UN says aid workers have repeatedly come under Israeli fire, and also says ongoing fighting and a security vacuum have impeded deliveries.

Of the Hamas actions on Oct. 7, Khan, who visited the region in December, said that he saw for himself “the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.”

After a brief period of international support for its war, Israel has faced increasing criticism as the war has dragged on and the death toll has climbed.

Israel is also facing a South African case in the International Court of Justice accusing Israel of genocide. Israel denies those charges.


Israel intends to broaden Rafah sweep, Defense Minister Gallant tells Washington

Updated 20 May 2024
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Israel intends to broaden Rafah sweep, Defense Minister Gallant tells Washington

  • After weeks of public disagreements with Washington over the Rafah planning, Israel on May 6 ordered Palestinian civilians to evacuate parts of the city and began troop and tank incursions.

JERUSALEM: Israel intends to broaden its military operation in Rafah, Defense Minister Yoav Gallant on Monday told a senior aide to US President Joe Biden, who has warned against major action in the southern Gazan city that may risk mass civilian casualties.
Israel describes Rafah, which abuts the Gaza Strip’s border with the Egyptian Sinai, as the last stronghold of Hamas Islamists whose governing and combat capabilities it has been trying to dismantle during the more than seven-month-old war.
After weeks of public disagreements with Washington over the Rafah planning, Israel on May 6 ordered Palestinian civilians to evacuate parts of the city and began troop and tank incursions.
“We are committed to broadening the ground operation in Rafah to the end of dismantling Hamas and recovering the hostages,” a statement from Gallant’s office quoted him as telling visiting US National Security Adviser Jake Sullivan.
Israel believes dozens of hostages from the cross-border Hamas rampage on Oct. 7 are being held in Rafah.
Western powers and Egypt have voiced concern for the fate of hundreds of thousands of displaced Palestinians sheltering there, despite Israeli assurances about humanitarian safeguards.
The UN agency for Palestinian refugees UNRWA said on Monday that it estimated 810,000 people had fled Rafah since May 6 — potentially more than half of the city’s wartime population.
There was no immediate US comment on the Gallant talks.
The statement from Gallant’s office said he “presented to (National Security) Adviser Sullivan the provisions Israel implemented for evacuating the population from the Rafah area and for setting up the appropriate humanitarian response.”
Israel says its forces in Rafah have discovered dozens of tunnels from the Sinai, a potential embarrassment for Cairo. The Egyptian state information service has previously dismissed speculation about cross-border smuggling to Gaza as “lies.”