New Press Release - Fury as Tribunal suggests Yezidi slavery and rape were ‘part of IS law’

Fury as Tribunal suggests Yezidi slavery and rape were ‘part of IS law’

A leading British charity has hit out after a Tribunal rejected a bid to hold a homegrown Islamic State fighter accountable for war crimes – claiming rape and slavery were an accepted part of IS law.

Earlier this year, The Lotus Flower – a charity which supports female IS victims in Iraq – teamed up with a team of international lawyers to bring the first civil action against Australian native Khaled Sharrouf, who was identified as a perpetrator of barbaric acts against Yezidi women and girls.

However, the New South Wales Civil and Administrative Tribunal this week rejected the claim, suggesting that Sharrouf may not technically have committed crimes under IS’ own laws. The Tribunal finding stated: “No basis has been put forward upon which this Tribunal could find as a matter of fact that the actions of Khaled Sharrouf towards the applicants amounted to an offence or offences in Syria or Northern Iraq.”

The Lotus Flower’s founder, Taban Shoresh – who attended the Tribunal earlier this summer – spoke of her shock and dismay over the court’s decision. “We are frankly horrified that this decision has been made. While there has previously been no legislation to hold international IS fighters to account, we hoped this case might pave the way for long overdue justice for Yezidi victims. Our case would have enabled Australia to lead the way in securing reparations for thousands of innocent women and girls, but the Tribunal’s decision not only appears to legitimise IS as an organisation, but also their abhorrent crimes.”

Under goal 16 of the UN’s Sustainable Development Goals, international communities are urged to ‘promote the rule of law at the national and international levels and ensure equal access to justice for all.’ Shoresh added: “Clearly, the international justice system is failing on every level. For those women and girls who have endured so much trauma at the hands of IS, the court’s decision is an outrage.”

Meanwhile, a spokesman for Hogan Lovells said: “We are very disappointed in the decision of the NSW Civil and Administrative Tribunal. We are concerned that the judgment appears to imply that slavery and rape were not crimes in Iraq and Syria at the time the offences were committed by the Australian perpetrator.

“In our view the Islamic State in its various forms (IS) was a criminal enterprise, and proscribed terrorist organisation, not recognised by Australia or any other jurisdiction as a State able to enact law, and indeed was openly condemned by the UN Security Council and Australia.

“As far as we are concerned the pronouncements on the permissibility of rape and slavery were unlawful and contrary to the law of Syria and Iraq at the time not to mention contrary to international criminal law. Our clients and the legal team are now considering the options arising from the judgment.”

Agnes Callamard, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Killings, said: “Some five years after the establishment of a nine-states coalition, including Australia, to combat ISIL, the search for accountability for the crimes committed by ISIL remains at a stalemate.

“The massive violations committed against the Yezidi people and other communities in Iraq and Syria, including sexual violence and gender-based crimes, have gone unpunished. For the thousands of Yezidi women, there has been no victory, no peace, no justice, no reparations. Just largely official indifference to their plight and cold-hearted judicial decisions rejecting jurisdiction and denying them remedies.”

Callamard added: “The decision highlights the need for an international process to devise an accountability framework and establish and implement accountability mechanisms for the victims of Daesh, including reparation packages. Lack of political will, lack of political prioritization, lack of political commitment – this has to change. The Australian government intervened in the war militarily. It must now intervene so that justice is delivered.”

ENDS

Contact – Taban Shoresh (taban@thelotusflower.org) for more information.