A/HRC/29/51 more recent conflict in the Syrian Arab Republic, it has in the past two years become a well-organized, dominant armed force controlling large swathes of populated areas in both Iraq and the Syrian Arab Republic.1 A self-proclaimed caliphate, it attracts a significant number of individuals from around the world to join its ranks. Deeply rooted in sectarian distrust and an absence of inclusive, participatory processes, 2 ISIL has become a symbol of brutality, extreme violence, cruelty and terror, all of which it has imposed on those living under its rule. 11. There is evidence that ISIL has committed serious violations of international law, including genocide, crimes against humanity, war crimes and serious violations of human rights law. The Security Council has determined that ISIL represents a threat to international peace and security, has unequivocally condemned the gross and systematic abuses of human rights by ISIL and has stressed the need to bring perpetrators, including foreign terrorist fighters, to justice, but has failed to take more decisive action or to refer the situation to the International Criminal Court. 12. The United Nations human rights bodies, including the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the treaty bodies, as well as special procedures mandate holders, have addressed various aspects of the situation in Iraq and the Syrian Arab Republic, including ISIL. The present report aims to contribute to this work by addressing the human rights issues linked to the actions carried out by ISIL, the adequacy of the response of the Security Council and the civilian impact of the military action taken by States engaged in combating ISIL.3 A. Background 13. The origins of ISIL can be traced back to the immediate aftermath of the conflict in Iraq in 2004, when Al-Qaida in Iraq was established by Abu Musab al-Zarqawi. Sectarian, ethnic and religious discrimination had been rife in Iraq. However, the new Government and the “de-Baathification” of public service were clear indications that despite new power arrangements, divides along sectarian lines would continue in the post-conflict context. This was heavily exploited by Al-Qaida in Iraq and by its successor, the Islamic State of Iraq (ISI), which was founded following the death of Al-Zarqawi in 2006. 14. In 2010, ISI appointed Abu Bakr al-Baghdadi as its new leader. Under his leadership, ISI regrouped and became increasingly organized. In 2011, with the Syrian Arab Republic descending into violence, ISI sent a number of operatives to join local radical militants in the Syrian Arab Republic. The Jabhat al-Nusra armed group was formed. In April 2013, Al-Baghdadi announced the merger of ISI and Jabhat al-Nusra into the Islamic State in Iraq and the Levant. Following a power struggle between the leader of Jabhat al-Nusra and the leader of ISI, the two groups formally split, with Jabhat al-Nusra affiliating itself to Al-Qaida, and the formal disavowal of ISIL by Al-Qaida. Abu Bakr alBaghdadi became the leader of the new armed group, ISIL, which gained control of 1 2 3 4 See the report of the Independent International Commission of Inquiry on the Syrian Arab Republic entitled “Rule of terror: living under ISIS in Syria”, para. 5. See the report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Iraq in the light of the abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups (A/HRC/28/18), para. 2. The Special Rapporteur wishes to express his sincere thanks to Anne Charbord, Senior Legal Adviser to the Special Rapporteur on the promotion and protection of human rights while countering terrorism, for her contribution to the preparation of the present report; and to Chris Woods, who contributed factual research for the present report.