A/HRC/28/18
11.
The findings outlined in the present report are based on an analysis of first-hand
information obtained through in-depth interviews conducted with over 100 victims and
witnesses. The credibility of information was assessed on the basis of consistency among
witness accounts and the existence of other corroborative information. The factual certainty
of the findings is not uniform; for each of its findings, the mission specifies the degree to
which it is confident that the incident occurred.
12.
OHCHR thanks the Government of Iraq for extending full cooperation to the
investigation mission and facilitating access to various parts of the country.
D.
Legal framework
13.
Human rights law and international humanitarian law are applicable to Iraq. The
events described in resolution S-22/1 amount to an armed conflict of a non-international
character involving ISIL and other affiliated armed groups, on one side, and ISF and other
armed forces which support them, on the other. The mission therefore relied on
international humanitarian law applicable in armed conflicts of a non-international
character as its specialized legal framework alongside international human rights law.
14.
Iraq is a party to core international human rights treaties and a number of treaties
containing rules applicable in non-international armed conflict. All parties to the conflict in
Iraq are bound by applicable rules of international humanitarian law, including customary
rules. The Government has faced tremendous challenges in ensuring law and order within
its territory. Nevertheless, it must abide by its obligations under international law. This duty
is explicitly recognized in the Constitution of Iraq (art. 8).
15.
In resolution S-22/1, the member States stressed the need for those responsible for
violations of international humanitarian law or serious violations and abuses of
international human rights law to be held to account through appropriate mechanisms and
called upon the Government of Iraq to ensure that all perpetrators were brought to justice,
with a view to avoiding impunity and ensuring full accountability. In the light of those
requirements, the mission focused on acts that would possibly constitute genocide, crimes
against humanity or war crimes.
II. Patterns of violations
A.
1.
Violations perpetrated by ISIL
Attacks against religious and ethnic groups
16.
The mission gathered reliable information about acts of violence perpetrated against
civilians because of their affiliation or perceived affiliation to an ethnic or religious group.
It is reasonable to conclude, in the light of the information gathered overall, that some of
those incidents may constitute genocide. Other incidents may amount to crimes against
humanity or war crimes. Ethnic and religious groups targeted by ISIL include Yezidis,
Christians, Turkmen, Sabea-Mandeans, Kaka’e, Kurds and Shia.
(a)
Attacks against Yezidis
17.
Based on interviews conducted with victims and witnesses, corroborated by other
sources, the mission collected information regarding the killing of members of the Yezidi
community and acts that caused serious bodily or mental harm to members of that group.
The information also pointed to the intent of ISIL to destroy the Yezidi as a group when
perpetrating those acts and to the existence of a manifest pattern of attacks against that
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