A/HRC/38/44/Add.1
including those who went missing after surrendering to ISF or affiliated forces. The Special
Rapporteur wishes to stress that all families of the disappeared should be provided with
certificates of absence. Responsibility for crimes committed by ISIL members should not
be extended to their families, who should not be deprived of minimum survival
requirements. A certificate of absence is often the first step towards accessing essential
services.
D.
Management of mass graves51
77.
As a result of the mass killings that Iraq experienced during Saddam Hussein’s
regime, the sectarian violence that followed, and the widespread violence committed by
ISIL, the bodies of an estimated 1 million persons are buried in hundreds of mass graves
across the country. Some 114 mass graves, linked to the most recent conflict, have been
discovered so far in areas previously under the control of ISIL, containing the bodies of an
unknown number of individuals. Exhumations have been carried out at some sites,
including for the mass killing of 1,700 air force cadets at Camp Speicher in Salah ad Din
province in June 2014, but many other sites remain to be examined. The identification,
protection and adequate management of all mass grave sites is essential for truth, justice
and reconciliation efforts.
78.
The excavation and identification of victims, including through DNA analysis, is
being carried out by the Medico-Legal Institute, the Mass Grave Department, the Martyrs
Foundation, and the Ministry of Martyrs and Anfal Affairs in Kurdistan, with the support
of, among others, the International Commission on Missing Persons and ICRC. Their
commitment and professionalism, despite vast challenges, are admirable. Many mass grave
sites lack the necessary protection, leaving them exposed to damage by the elements and
are subject to uncontrolled excavations. There are limited adequate storage systems and
facilities. Staff lack basic equipment, such as gloves and bleach. Insufficient DNA testing
facilities slow down the identification of bodies.
79.
Professionals of the Medico-Legal Institute calculate that, at the current pace, it will
take over 800 years to complete their task. Families cannot wait that long for identification
of their missing relatives, and neither can accountability for violations committed.
Supporting the Iraqi institutions responsible for the mass graves must therefore be an
absolute priority for Iraq and the international community. Additional training, equipment
and funds, including greater capacities for DNA testing, tracing and storage, are required to
accelerate and strengthen the processes of discovery, exhumation and identification.
VII. Conclusions and recommendations
A.
Conclusions
80.
For decades the people of Iraq have experienced horrendous violations of the
right to life, which have been met with impunity. The Government of Iraq is now in a
position to resolutely turn its back on previous practices, and initiate a truly
protective and participatory transitional justice process that will put an end to
impunity for crimes committed against all communities. This requires solid
investigations into all allegations of war crimes, crimes against humanity, and
genocide. While there is no doubt that ISIL and its fighters have perpetrated the most
serious crimes, for which they must be held to account, other parties to the conflict
must equally face justice for their crimes. These include Government and affiliated
forces as well as Coalition Forces.
81.
The people of Iraq, the victims and survivors of the conflict, deserve a legal
framework and a judicial response that properly reflect the nature of the crimes
committed, which are on par with atrocity crimes investigated and tried in other parts
51
The Government provided additional information (A/HRC/38/44/Add.4, sects. 5 and 9).
17
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