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.
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