A/HRC/38/44/Add.1
(qq) Protect journalists and media professionals from attacks, including by
setting up relevant protection programmes and investigating all deaths of such
persons and prosecuting alleged perpetrators regardless of their status or functions.
85.
The Special Rapporteur recommends that religious and community leaders:
(a)
Speak up, through fatwas, Friday prayers or other relevant directives,
against ethnic and religious intolerance and gender-based discrimination and violence,
and support reconciliation measures, address mistrust and fear and denounce revenge
and retaliations;
(b)
Advocate for the integration of all the affiliated forces and fighters into a
united ISF.
86.
The Special Rapporteur recommends that international actors:
(a)
Endorse the recommendations in the present report and advocate for
their implementation by the Federal Government and/or the Kurdistan Regional
Government;
(b)
Provide technical, financial and strategic support to the relevant
authorities to support the implementation of recommendations related to criminal
legal reforms, ratification of international treaties, accountability for crimes
committed by ISIL and all other parties to the conflict, transitional justice, and
gender-based crimes;
(c)
Urge Iraqi authorities to ensure that all defendants, including foreign
nationals, have access to consular services and legal representation, receive a fair trial
with their due process rights met, and do not receive the death penalty;
(d)
Individual Member States should address current accountability deficits
for ISIL crimes and, under the principle of universal jurisdiction, prosecute
perpetrators currently in their country’s territory under the appropriate international
legal framework, including for war crimes, crimes against humanity or genocide; and
undertake active investigations into gender-based persecution and crimes, in order to
hold those responsible to account;
(e)
States members of the Coalition Forces should undertake an
independent evaluation into the impact of their aerial bombardments and other
military operations in terms of civilian casualties and report publicly and
transparently about the findings.
87.
The Special Rapporteur recommends that the Investigative Team established
under Security Council resolution 2379 (2017):
(a)
Address the gap between the objectives of the resolution and the Iraqi
legal framework, and urge and support the Federal Government and the Kurdistan
Regional Government to incorporate international crimes into national legislation and
support the establishment of specialized court(s);
(b)
Urge the Government of Iraq to allow the Investigative Team to broaden
its investigations to include violations by all sides to the conflict, including Coalition
Forces;
(c)
Ensure that evidence collected, preserved or stored by the Team is not
used in trials that could lead to the application of the death penalty.
88.
The Special Rapporteur recommends that the Office of the Prosecutor of the
International Criminal Court consider undertaking investigations into foreign fighters
who have held high-level ISIL positions and who are nationals of countries that have
ratified the Rome Statute, for crimes within the jurisdiction of the Court.
21
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