This week marks the 10th anniversary of the Yazidi genocide. It has been ten years since over 10,000 Yazidis were brutally murdered. Ten years since more than 7,000 women and children were subjected to abduction, violence, and enslavement. Ten years since thousands have disappeared and over 2,600 are still missing without a trace. To this day, the Yazidi community continues to grapple with these haunting events. The trauma runs deep, passing from generation to generation, as survivors and their descendants strive to pick up the shattered pieces of their lives. It has been a long decade, and the scars of this atrocity remain raw. It has passed without reparations, without meaningful support, and without accountability. Ten years on, it is paramount that we reflect not only on the brutal past, but also on the pressing need for justice for the Yazidi people.
The events of the Yazidi Genocide
The Yazidi people are a religious and ethnic minority group who are indigenous to Kurdistan, a geographical area including Turkey, Syria, Iran, and Iraq. In August 2014, ISIS, a terrorist organisation operating primarily in Iraq and Syria, targeted and attacked the Yazidi people. ISIS labelled them “devil worshippers” as UN has confirmed, and sought to annihilate them, unleashing unfathomable terror on the Yazidi community. The scale of the atrocities committed was staggering – thousands killed, tens of thousands abducted, and countless women and girls subjected to sexual slavery and violence. Yet, despite the overwhelming evidence of genocide, the pursuit of justice has been painfully slow and incomplete.
Yazidi women and girls were subjected to horrific sexual violence, with many being abducted and forced into sexual slavery. The scale of the atrocities committed against the Yazidis was staggering. It’s estimated that over 10,000 Yazidis were killed, and more than 7,000 women and children were abducted. Thousands of Yazidis remain missing to this day, with their fate unknown. The trauma inflicted on the Yazidi community has been intergenerational, as survivors and their children struggle to rebuild their lives and communities. Despite overwhelming evidence of genocide, the pursuit of justice and accountability has been painfully slow.
The Iraqi government has failed to adequately prosecute the perpetrators, and the recent decision to shut down the UN’s investigative team before it could complete its work was a devastating blow. Yazidi survivors and advocates have called for an international tribunal to be established, but their pleas have largely gone unanswered by the international community. The YJC’s report published in 2022 called for Iraq, Syria and Turkey to be brought before the International Court of Justice for allegedly failing to meet binding legal obligations imposed by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, and yet despite overwhelming evidence of genocide, the pursuit of justice has been agonisingly slow and fraught with setbacks.
Challenges in addressing the genocide
One of the key challenges has been the lack of political will and coordination to address the complex issues facing the Yazidi community. The ongoing disputes between the Iraqi and Kurdish governments over the administration and control of the Sinjar region have created a vacuum of authority, leaving the Yazidis vulnerable and unable to safely return to their homes. Reconstruction efforts in Sinjar have been woefully inadequate, with a lack of basic services and infrastructure, further hindering the Yazidis’ ability to rebuild their lives.
Compounding these challenges is the persistent security threat posed by various militias and the lingering presence of ISIS. Turkish bombing, Iran’s interests in Sinjar, and the presence of different militia groups all put security at constant risk and jeopardise the safety and stability needed for the Yazidi community to rebuild their lives. Yazidi survivors and advocates have called for an international tribunal or other justice mechanism to be established to prosecute the perpetrators of the genocide, but their pleas have largely gone unanswered by the international community.
The closure of the UN’s investigative team, UNITAD, before it could complete its work was a devastating blow, denying Yazidi survivors the opportunity to see their tormentors held accountable. Universal jurisdiction laws that would enable countries to prosecute ISIS members for atrocity crimes, regardless of where they were committed, are urgently needed to fill this gap, and as the German prosecution of an Iraqi national in 2021, who was part of Islamic State (IS) guilty of genocide against the Yazidi minority and sentenced him to life imprisonment for killing a five-year-old girl, universal jurisdiction can provide a path to justice. In the UK only 32 British ISIS members who returned to the UK have been convicted, and for terror-related offences only. An Early Day Motion tabled in the UK Parliament on Monday by Scottish National Party MP Brendan O’Hara calls on the UK Government to review its responses to ISIS and identify initiatives to assist the Yazidi community.
Beyond the pursuit of justice, the Yazidi community requires sustained, comprehensive support to address the profound trauma and ongoing challenges they face. The passage of the Yazidi Survivors Law in 2021 by the Iraqi government marked an important milestone, ostensibly providing the much-needed framework for compensation, rehabilitation, and support. Yet, the law remains mired in bureaucratic inertia, with many survivors yet to receive the promised assistance. Its implementation severely lacking, with many survivors still waiting to receive the promised compensation, rehabilitation, and support services. Thousands of Yazidi women remain missing following the atrocities committed by ISIS against the Yazidi community beginning in 2014. Specifically, estimates suggest that around 2,800 Yazidi women and children are still unaccounted for.
Efforts to locate and rescue these individuals continue, but the process remains challenging due to various factors, including ongoing regional instability and the displacement of the Yazidi population. These missing individuals likely represent some of the most difficult cases of abductions and enslavement, often entailing significant trauma and abuse.
What needs to be done
The Yazidi genocide must not be allowed to fade from public consciousness. The international community has a moral obligation to stand with the Yazidi people, amplify their voices, and take concrete actions to address the ongoing challenges they face.To remedy the Yazidi genocide, a multifaceted approach is required. The international community must pressure the Iraqi and Kurdish governments to resolve their political disputes, provide substantial funding and resources for the reconstruction of Sinjar, and ensure the safety and security of the Yazidi people. Efforts to document the truth, memorialise the victims, and provide psychosocial support for survivors are essential for reconciliation and healing. Only then can we begin to heal the wounds of the past and build a future where no community is ever subjected to the horrors of genocide again.
While the Iraqi government has taken some steps, such as passing the Yazidi Survivors Law in 2021, the implementation of this law has been severely lacking. Yazidi survivors are still waiting to receive the promised compensation, rehabilitation, and support services that were meant to help them heal and rebuild their lives. The Yazidi Survivors Law was an important recognition of the atrocities committed against the Yazidi people by ISIS. However, without proper funding, oversight, and a commitment to meaningful engagement with the Yazidi community, the law remains an empty promise. The international community must pressure the Iraqi government to fully implement this law and ensure that Yazidi survivors can access the resources and services they desperately need. Beyond the Yazidi Survivors Law, the international community must provide comprehensive support for the reconstruction of Yazidi communities devastated by the genocide. Significant aid and investment are required to rebuild infrastructure, housing, healthcare, and education systems in areas like Sinjar, enabling the safe return and reintegration of displaced Yazidis. Coordination between the Iraqi government, Kurdish authorities, and international donors is crucial to ensure these efforts are effective and meet the needs of the Yazidi people. Ultimately, the pursuit of justice and accountability for the Yazidi genocide must remain a top priority. With the closure of the UN’s investigative team, an international tribunal or other justice mechanism must be established to prosecute the perpetrators of these atrocity crimes. The international community cannot allow impunity to prevail – the Yazidi people deserve to see their tormentors held accountable for the horrors they have endured.
Dispute resolution between Iraq and the Kurdistan Region
The federal Iraqi authorities and their regional counterparts in Kurdistan have a fraught history, framed by a series of rebellions, conflicts, and wars. There is no simple solution to decades of conflict between the countries- but it is simultaneously true that one must be reached. The international community must put pressure on the leaders of these countries to cooperate for the benefit of the displaced Yazidi people. This is a crucial and unavoidable step in the process of alleviating the effects of genocide.
Reconstruction and Investment in Sinjar
A crucial part in remedying the Yazidi genocide is to address the dire need for investment and reconstruction in Sinjar. The region remains in ruins with inadequate basic services and infrastructure, making it nearly impossible for Yazidis to return and re-establish their lives. Slow rebuilding efforts, inadequate support and compensation, insecurity, and lack of basic amenities continue to hinder the community’s recovery. Rebuilding devastated communities demands sustained and comprehensive international support. Investment is required not just in physical infrastructure but also in specialised healthcare and mental health services tailored to the unique needs of survivors. Psychosocial support, truth-telling, and memorialization efforts are essential to acknowledge and honour the immense suffering endured by the Yazidis.
Ensuring safety and security of Yazidis
It is imperative that the international community ensures the safety and security of the Yazidis in order to remedy the genocide. One necessary step in doing this is providing appropriate legal measures to hold ISIS accountable. The security of the Yazidis has been impaired by the abrupt closure of the UN’s investigative unit, UNITAD. The unit never had the opportunity to complete its crucial investigative work into the actions of ISIS, which in turn dealt a severe blow to ensuring accountability. The global community must acknowledge that justice delayed is justice denied. To address this issue, an international court needs to be established and universal jurisdiction between nations needs to be adopted. The establishment of an international tribunal is crucial to prosecute the perpetrators, and the adoption of universal jurisdiction laws are necessary so that prosecution ISIS members can be tried for their crimes regardless of where they were committed. These are both imperative steps towards justice.
Further legal support is necessary to address the inadequacy of Iraq’s implementation of the Yazidi Survivors Law, to ensure peace for the Yazidis the international community must maintain unwavering pressure on the Iraqi government to not only fully implement this law. This will provide an important step in recognising the need to provide support and assistance to the Yazidi community in the aftermath of the genocide. However, the implementation of this law has been severely lacking, and significant reforms are necessary to ensure it effectively delivers the promised aid and resources to Yazidi survivors. Key reforms needed to address the inadequacies of the Yazidi Survivors Law include the improvement of oversight and accountability mechanisms, as well as meaningful consultation with the Yazidi community, with their needs and priorities driving the design and delivery of support programs. The expansion of eligible beneficiaries, including those who were displaced, abducted, or subjected to sexual violence, as well as the children of survivors; and coordination with international partners by and with the Iraqi government to leverage additional resources and expertise to support the implementation of the Yazidi Survivors Law.
However, legal proceedings alone cannot heal the deep wounds inflicted upon the Yazidi community. The international community must also pressure the Iraq government to engage in genuine dialogue with Yazidi leaders and community members, and as the universal jurisdiction ensuring their voices are heard in all future reconstruction and reconciliation efforts. Additionally, it is imperative that we address the systemic human rights issues that facilitated the genocide. Discrimination, marginalisation, and political disenfranchisement have long afflicted minority communities in Iraq. Meaningful reforms and the provision of equal protection under the law are vital to prevent such atrocities from recurring.
The path forward is undoubtedly challenging, but the international community, joined by a steadfast commitment to human rights and dignity, can and must rise to the occasion. By providing justice, comprehensive support, and unwavering solidarity, we ensure that the horrors of the Yazidi genocide are never repeated, and that the Yazidi community can forge a future free from fear and full of hope.
James Joseph is JURIST’s Managing Editor for Long Form Content and a first-year PhD student at Queen’s University Belfast School of Law.
Lilian Trickey is a second-year law student at the University of Oxford.
