A/HRC/38/44/Add.1 range of functions usually associated with the State, including “law and order”, the fulfilment of those functions being marred by gross violations. ISIL fighters included not only Iraqis but also foreign fighters, estimated at one point at 5,000, including nationals of Australia, Belgium, France, Germany, Jordan, Libya, the Netherlands, the Russian Federation, Tunisia and the United Kingdom of Great Britain and Northern Ireland. Available evidence indicates that these foreign fighters, some of whom held senior positions in the ISIL hierarchy, have been closely involved in the many crimes committed against the Iraqi people. Security Council resolution 2379 (2017) 19. Security Council resolution 2379 (2017) established an Investigative Team to support Iraqi efforts to hold ISIL accountable by providing assistance with the collection, preservation and storage of evidence. On 8 February 2018, the Government accepted the terms of reference for this team (S/2018/118), which include “promot[ing] … accountability for acts that may amount to war crimes, crimes against humanity and genocide committed by ISIL (Da’esh) and work[ing] with survivors, in a manner consistent with relevant national laws, to ensure that their interests in achieving accountability for ISIL (Da’esh) are fully recognized” (ibid., para. 13). Iraq has therefore committed itself to prosecuting international crimes, and the international community has committed itself to supporting such efforts. In practice, however, Iraq currently does not have jurisdiction over these crimes (see further chap. V below). B. National level 20. The right to life is covered by Section Two (“Rights and Liberties”) of the Constitution of Iraq. Article 15 provides that, “Every individual has the right to enjoy life, security and liberty. Deprivation and restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority”. Furthermore, article 19 (4) guarantees the right to legal representation to all arrested persons during phases of investigation and trial, and article 37 (1) (c) prohibits all forms of psychological, physical torture and inhumane treatment, and states that any confession made under duress may not be relied on in court. 21. The death penalty can be imposed under several laws. It is most frequently applied under the Iraqi Penal Code (No. 111) of 1969 or the Anti-Terrorism Law (No. 13) of 2005. The Iraqi Criminal Procedure Code (No. 23) of 1971 provides a number of procedural guarantees in relation to criminal cases, including those carrying capital punishment. The Kurdistan Region of Iraq enacted Anti-Terrorism Law (No. 3) of 2006, which expired on 18 July 2016. IV. Conflict-related violations A. Islamic State of Iraq and the Levant 22. ISIL has committed a range of unspeakable violations of international humanitarian and human rights law against Iraqi civilians as well as members of ISF and affiliated forces in and hors de combat. While the true extent of their horrific acts is yet to be determined, the signs of pain and suffering, like the evidence of physical destruction, are everywhere to see.11 23. The group carried out a sustained and deliberate policy of executing civilians as a method of instilling fear, exerting control and taking revenge. They committed mass killings of civilians as part of their combat strategy, including by using them as human shields during fighting. On at least one occasion ISIL issued a fatwa indicating that residents of areas retaken by ISF were “legitimate targets”, which was accompanied by 11 6 The Government provided additional information (A/HRC/38/44/Add.4, sect. 11).