A/HRC/38/44/Add.1 grievances that were set aside during conflict may return and any simmering resentment or deeply felt suffering resulting from the conflict may boil over. 7. Tensions between the Kurdistan Regional Government and the Federal Government, following the Kurdish independence referendum of 25 September 2017, have further complicated this difficult transition. The referendum was declared unconstitutional by the Federal Supreme Court, which led to sanctions by the Federal Government and a military operation. 3 It is encouraging that a dialogue between the Federal and Regional Governments has been re-established.4 8. All these dynamics loom large in the justice-deprived landscape of Iraq “post ISIL”. A number of critical challenges face the country, including: integrating into the Iraqi Security Forces (ISF) all affiliated forces or disarming them; rebuilding in the wake of massive destruction; undertaking reconciliation measures in areas where mistrust and widespread fear and violence have dominated; and providing justice to the victims and survivors of violations of human rights and humanitarian law, including through accountability, reconciliation and reparation processes. III. Applicable law A. International level 1. International human rights law 9. The Special Rapporteur has reviewed and analysed alleged violations of the right to life with reference to international human rights, humanitarian and criminal law, including Conventions ratified by Iraq, and the country’s domestic law. 10. Iraq is party to most international human rights treaties relevant to the right to life: the International Covenant on Civil and Political Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child and the Optional Protocol thereto on the involvement of children in armed conflict; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Convention on the Elimination of All Forms of Discrimination against Women. Iraq has not acceded to the Optional Protocols to the International Covenant on Civil and Political Rights, one of which aims at the abolition of the death penalty. 11. Two instruments particularly useful in understanding and interpreting human rights obligations in a post-conflict situation are: the updated set of principles for the protection and promotion of human rights through action to combat impunity, which emphasizes the obligation of States to take effective action to combat impunity and investigate, try and punish perpetrators, and to restrict the use of amnesties; and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which obliges States to provide victims with adequate, effective and prompt reparation for such violations. 12. Relevant rules of customary international human rights law are also applicable. In addition, international human rights law applies in times of both peace and armed conflict, and the prohibition of arbitrary deprivation of life is non-derogable. 2. International humanitarian law 13. Iraq is party to the 1949 Geneva Conventions and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of 3 4 4 The Government provided a divergent analysis (A/HRC/38/44/Add.4, sect. 3). Security Council briefing, Special Representative for the Secretary-General for Iraq, Ján Kubiš, 20 February 2018.