Frequently Asked Questions
Answers to common questions.
SECTION 1 OF FAQ
The Coalition for Just Reparations (C4JR) is an alliance of Iraqi NGOs advocating for comprehensive reparations for survivors of atrocities committed during the ISIL conflict in Iraq. C4JR aims to address the grievances of survivors from various affected groups and promote justice and accountability.
The C4JR Position Paper aims to outline principles for establishing a long-overdue criminal accountability mechanism for ISIL crimes in Iraq. The paper is informed by survivor views, past accountability processes, and international law, and it seeks to guide the establishment of a mechanism that aligns with international standards.
The following organizations endorse the C4JR Position Paper:
· ASUDA
· Better World Organization for Community Development (BWO)
· CAPNI for Humanitarian Aids in Iraq
· Civil Development Organization “CDO”
· Dak Organization
· Emma
· Eyzidi Organization for Documentation
· Ghasin Alzaiton
· Hammurabi Human Rights Organization (HHRO)
· Harikar
· HÁWAR. Help
· Iraqi Educational Association AL Basra
· Iraqi Institution for Development (IID)
· Jinda Organization
· Justice Organization for Minority Rights (JOMR)
· Methra Organization
· National Centre for Human Rights (NHCR)
· Nisha Organization
· Peace and Freedom Organization
· TAJDID Iraq
· The Jiyan Foundation for Human Rights
· The Observer Human Rights Center OHRC
· Women Leadership Institute (WLI)
· Women Legal Assistance Organization (WOLA)
· Yazda
· Yazidi Survivors Network (YSN)
The Iraqi government should enact legislation to establish jurisdiction over ISIL crimes and seek international cooperation. Different models may be considered to bring justice to the survivors such as a fully international tribunal, a hybrid tribunal model, which has been successful in similar contexts, or national criminal justice avenues embedded into the current Iraqi judicial structure. What is important is that any accountability avenue should be able to bring meaningful justice to the survivors while respecting the Iraqi Constitution and international law.
The mechanism should have jurisdiction over genocide, war crimes, and crimes against humanity, including sexual and gender-based violence and crimes against children. The ICC Rome Statute provides a basis for defining these crimes.
SECTION 2 OF FAQ
The mechanism should cover crimes committed by ISIL from at least June 9, 2014, when they controlled part of Iraqi territory. This timeframe aligns with investigations carried out by relevant bodies.
The mechanism should have jurisdiction over crimes committed by ISIL in Iraq or against Iraqi nationals residing in Iraq. Legal persons, including corporations, might also be liable. Individuals aged 18 or over at the time of the crimes should be held accountable.
Survivors should have legal representation, be able to join as civil parties, access case files, question witnesses, experts, and the accused, and submit evidence. Legal aid should be available to ensure effective participation.
The mechanism should be empowered to award individual or collective reparations to survivors and their families. A Trust Fund or Compensation Fund could be established to complement reparations awards. While the Yazidi Survivors Law (YSL), passed in 2021, sets the groundwork for comprehensive reparations for women and girls abducted by ISIL belonging to Yazidi, Shabak, Christian and Turkmen communities, Yazidi boys and survivors of mass killings from the respective communities, it does not include other Iraqis harmed by ISIL. Therefore, criminal trials against ISIL perpetrators should provide a legal avenue to redress survivors not covered by the YSL, including but not limited to Shia and Sunni survivors.
How will the safety and well-being of survivors be ensured?
The mechanism must prioritize survivors’ safety, well-being, dignity, and privacy. A specialized Survivor Protection Unit should be established to safeguard these rights.
How can the international community support proceedings in Iraq?
The international community should cooperate with Iraq to secure evidence, extradite suspects, and protect survivors and witnesses. Iraq’s diplomatic efforts are crucial for international cooperation.
How will judges and personnel be selected and supported?
Judges, prosecutors, and personnel should be vetted for moral character, independence, and expertise. Specialized training and fair representation of women and minorities should be ensured.
How will fair trial rights be maintained within the mechanism?
The mechanism will respect international human rights standards, ensuring fair and impartial trials for defendants. Legal aid will be provided when necessary, and innovative measures like an Ombudsperson could be explored.
How do I contact you or get involved with the Coalition for Just Reparations (C4JR)?
For inquiries, collaboration, or to get involved with C4JR, please visit our contact page to find contact information and learn more about how you can contribute to our mission for justice and accountability in Iraq.