A/HRC/38/44/Add.1 Investigative Team set up pursuant to Security Council resolution 2379 (2017). According to these terms of reference, accepted by the Government of Iraq on 8 February 2018 (S/2018/118) and subsequently approved by the Security Council on 13 February 2018, the Investigative Team is mandated to “collect evidence pertaining to acts that may amount to war crimes, crimes against humanity and genocide” (ibid., para. 5). Furthermore, the evidence collected by the Team may only be used in fair and independent criminal proceedings conducted by competent domestic courts in Iraq, and in third States (ibid., para. 26). 52. The Special Rapporteur is deeply concerned that this resolution will be meaningless if the crimes that are to be investigated and prosecuted do not exist under the Iraqi domestic legal framework. She is also concerned by the apparent acquiescence of the international community to this legal and political hiatus. 53. In addition, she warns against the use of any and all evidence collected, preserved or stored by the Investigative Team for trial in domestic courts that could result in the application of the capital punishment, in violation of relevant international standards. 54. The Special Rapporteur is aware of an UNAMI proposal for the establishment of Iraqi specialized criminal courts to try the most serious crimes and for the incorporation of international crimes into the domestic legal system, which would enable the courts to exercise jurisdiction over these crimes at the federal and Kurdistan regional levels. The Special Rapporteur urges the Government and Parliament of Iraq to review and adopt the necessary legal reform to hold those responsible accountable and provide remedies and reparations to the victims or their family members. 37 55. As highlighted in her end-of-mission statement,38 the Special Rapporteur also regrets that resolution 2379 (2017) limits assistance to the investigation of crimes committed by one party only (i.e. ISIL). Given the crucial need to build trust among all ethnic and religious groups in Iraq, any accountability effort must be conducted according to the principle of impartiality and address the grievances of all groups and individuals affected by human rights violations and atrocity crimes. 39 Government and affiliated forces40 2. 56. A particular onus is therefore placed on the Iraqi State to investigate all allegations of violations of international human rights and humanitarian law committed by its own forces, hold perpetrators to account and provide remedies and reparations to the victims or their families. This obligation must be implemented openly and transparently. The Special Rapporteur encourages the international community to support the Government in conducting the necessary efforts to document and investigate all alleged crimes committed by other parties to the conflict, including ISF and affiliated forces, as well as Coalition Forces. 57. The authorities have on a number of occasions acknowledged violations committed by ISF and affiliated forces and announced investigations into above-mentioned and other cases. On 22 October 2014, the Ministry of the Interior stated that an investigative committee set up to look into the attack on Bani Wais village had identified three suspects. On 6 June 2016, following the events north of Fallujah of 3 June involving the separation of around 1,300 boys and men, and subsequent confirmed deaths of 49 and disappearance of 643 of them, the Prime Minister announced the establishment of a committee to investigate “any violations of the instructions on the protection of civilians” and issued “strict orders” to hold accountable those responsible for any violations. On 18 July 2017, in relation to the battle for Mosul, the Office of the Prime Minister acknowledged that violations by ISF had occurred, stating that these were individual acts and that punishment would be sought for the perpetrators (S/2017/881, para. 56). On 17 August 2017, Iraqi authorities announced 37 38 39 40 The Government provided additional information (A/HRC/38/44/Add.4, sect. 7). See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22452&LangID=E. The Government provided a divergent analysis (A/HRC/38/44/Add.4, sect. 20). The Government provided additional information (A/HRC/38/44/Add.4, sects. 8 and 10). 13