A/HRC/28/18
79.
In order to ensure justice for all victims in Iraq of violations of international
humanitarian law and human rights, and in the light of the ongoing armed conflict,
The High Commissioner recommends that:
The Government of Iraq:
• Ensure that all alleged crimes are investigated in line with international human
rights standards, and perpetrators are brought to justice.
• Take the necessary steps for Iraq to become a party to the Rome Statute of the
International Criminal Court and ensure that the international crimes defined
in the Rome Statute are criminalized under domestic law; and in the meantime,
accept the Court’s jurisdiction over the current situation, under article 12,
paragraph 3 of the Rome Statute.
• Ensure that the findings of all Government-initiated investigations into
violations of international humanitarian and human rights law are made public
and lead to effective remedies for victims.
• Engage in a rights-based, inclusive and meaningful political dialogue to bring
the current crisis to an end; and foster a national reconciliation process that
represents the legitimate interests and grievances of all Iraqis.
• Ensure that all Iraqis currently displaced have access to essential services and
fundamental rights, such as access to adequate health care and education;
establish non-discriminatory procedures for access to safe zones, taking into
consideration the humanitarian imperative; and ensure durable solutions for
all displaced populations, recognizing their right to return and their right as
Iraqi citizens to reside in any part of the country.
• Ensure that victims of the international crimes documented in the present
report, particularly survivors of sexual abuse and sexual slavery, receive
adequate support, including psychosocial support and medical care.
• Ensure the protection of mass graves and that with measures are taken to
identify the dead and launch an efficient investigation to determine the
circumstances under which death occurred.
• Investigate allegations that ISF and armed groups acting under its control
failed to protect communities persecuted by ISIL.
• Invite the special procedures of the Human Rights Council, in particular the
Special Rapporteurs on extrajudicial, summary or arbitrary executions and on
torture and other cruel, inhuman or degrading treatment or punishment, as
well as the Working Group on Arbitrary Detention, to visit Iraq to monitor and
report on the human rights situation.
The Human Rights Council:
• Ensure that the situation of human rights in Iraq remains on the agenda of the
Council by continuing to closely follow the situation in Iraq with a view to
ensuring that perpetrators of violations of international humanitarian law and
violations and abuses of human rights law are held accountable through the
establishment of appropriate monitoring and investigating mechanisms.
• Urge the Security Council to remain seized of and to address, in the strongest
terms, information that points to genocide, crimes against humanity and war
crimes, and call on the Security Council to consider referring the situation in
Iraq to the International Criminal Court.
17
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