A/HRC/28/18
civilian population, destroying or seizing the property of an adversary. Information
gathered points to ISIL having perpetrated such crimes.
• Information gathered demonstrates that ISF and affiliated militia may have
committed some war crimes.
IV. Conclusions and recommendations
77.
The High Commissioner is impressed by the vast number of credible witnesses
and victims who, despite severe trauma and in some cases at considerable risk to their
personal safety and security, bravely spoke out about the violations perpetrated to
ensure that they are documented with the aim that the perpetrators will be brought to
justice. He salutes their courage.
78.
Subject to a determination by an independent and competent court, the mission
concludes that:
• Members of ISIL may have perpetrated genocide against the Yezidi community
by killing, causing serious bodily or mental harm and forcibly transferring
members of the group, including children, in the context of a manifest pattern
of conduct aimed at the destruction of the group.
• Members of ISIL may have committed crimes against humanity by
perpetrating murder, enslavement, deportation or forcible transfer of
population, severe deprivation of physical liberty, torture, rape, sexual slavery,
sexual violence and persecution, committed as part of widespread or systematic
attacks directed against civilian populations pursuant to or in furtherance of an
organizational policy to commit such attacks.
• Members of ISIL may have committed war crimes by perpetrating murder,
mutilation, cruel treatment and torture, outrages upon personal dignity, taking
of hostages, the passing of sentences and the carrying out of executions without
previous judgement pronounced by a regularly constituted court, directing
attacks against the civilian population, directing attacks against buildings
dedicated to religion or against historic monuments, pillaging a town or place,
committing rape, sexual slavery and other forms of sexual violence,
conscripting or enlisting children under the age of 15 years or using them to
participate actively in hostilities, ordering the displacement of the civilian
population or destroying or seizing the property of an adversary.
• ISIL is perpetrating serious human rights violations in areas which are under
its de facto control; including torture, cruel and inhuman treatment, and
extrajudicial killings.
• While more information is needed on the link between the militia and the
Government, some incidents addressed in the report point, at the very least, to
a failure on part of the Government to exercise due diligence as regards its
obligation to protect persons under its jurisdiction. Members of ISF and
affiliated armed groups may have committed war crimes by perpetrating
murder, cruel treatment and torture, taking hostages, directing attacks against
the civilian population, pillaging a town or place, ordering the displacement of
the civilian population or destroying or seizing the property of an adversary.
16
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