Holding ISIL Accountable: Prosecuting Crimes in Iraq and Syria

This section contains the book's copyright information, table of contents, table of figures, list of contributors, list of abbreviations, and acknowledgements.

In the aftermath of the collapse of the Islamic State of Iraq and the Levant’s self-declared “caliphate,” the international community has grappled with the question of how to achieve accountability for crimes committed by the armed group. While prosecutions of captured ISIL fighters and other ISIL-affiliated individuals are occurring, they have to date overwhelmingly focused on terrorism-related offences without addressing core international crimes–including genocide, crimes against humanity, and war crimes–that may have been  perpetrated by these individuals. Many prosecutions fall short of true accountability for the full dimensions of ISIL crimes and the totality of harm done to victims and survivors.  

To support prosecutions that more fully reflect the atrocities committed by ISIL, additional work is needed to collect and analyze evidence relating to ISIL’s ideology, structure, decision-making, and capacities that underpinned the commission of atrocities. This book brings together eight experts who conducted original research on the inner workings of ISIL. The authors are recognized inter-disciplinary experts on ISIL —some of whom have served as expert witnesses in U.N.-led investigations and domestic criminal proceedings. These papers are intended to serve as a summary of their research and a starting point for prosecutors and other authorities conducting investigations and building cases around crimes committed by ISIL. 

By Sareta Ashraph and Carmen Cheung Ka-Man

Abstract

To support prosecutions that reflect the atrocities committed by ISIL, additional work is needed to collect and analyze evidence relating to the structure and organization of the Islamic State. Recognizing this, the Center for Justice and Accountability engaged eight experts to conduct original research on the inner workings of ISIL. The authors of these reports are recognized inter-disciplinary experts on the Islamic State—some of whom have served as expert witnesses in U.N.-led investigations and domestic criminal proceedings. These papers are intended to serve as a summary of their research and a starting point for prosecutors and other authorities conducting investigations and building cases around crimes committed by ISIL. This chapter introduces the book and the topics covered within.

By Aymen Jawad Al-Tamini

Abstract

Drawing on internal Islamic State documents, theological treatises and other lines of evidence, this paper presents a comparative analysis of the Islamic State’s treatment of three religious groups - the Yezidis, Christians and Shi‘a - utilizing the analytical framework of in-group/out-group dynamics and how they relate to the Islamic State’s extremist worldview. The chapter shows that despite the Islamic State’s hostility to the general mass of ‘out-group’ of ‘disbelievers,’ there is not necessarily a monolithic ‘out-group’ but rather different types with some being deemed worse than others. This differentiation has implications for the group’s policies towards different religious groups, especially on the question of identity-based crimes such as persecution and genocide.

By Tore Hamming and Amarnath Amarasingam

Abstract

The chapter examines ISIL policy and practices around children, including how the organization recruited, indoctrinated, trained, and employed children and teenagers. It then explores the evolution of ISIL’s approach to children and their shifting role as the caliphate gained and then lost territorial control. The chapter also focuses on how ISIL recruited, indoctrinated, trained, and employed boys and male youth through various mechanisms and in numerous roles to strengthen its own narrative and resilience. Uncovering the evolving involvement of boys and male youth over time, the chapter also describes which roles they were forced to take on as the caliphate project developed.

 By Devorah Margolin and Joana Cook

Abstract

The chapter considers the complex and varied roles of women from outside of Iraq and Syria who joined Islamic State, with a focus on Sunni women who were considered the “in-group”. It examines the agency of the women within this system and the degrees of complicity with the atrocities of the caliphate. The chapter is made up of five sections. Following the introduction, Section I considers key information to better understand women’s roles, who joined the group from abroad, and their motivations to do so, and why looking at this issue via a gender lens is important. Section II addresses the background on women in jihad, and Islamic State’s ideological conceptualization of women’s roles. Section III looks at the various roles women played under Islamic State between 2013 and 2019. This explores the different institutions women contributed to, as well as women’s roles in both public and private life. This chapter utilizes internal Islamic State documents, interviews and field work carried out by the authors, academic and gray literature, as well as court cases documenting women’s cases. This focuses on an examination of what other external factors may have impacted women’s agency - specifically the ability to make a decision and transform that choice into an action. Section IV addresses detention and life for women after the fall of the Islamic State’s caliphate. Finally, Section V presents the conclusion.

By Charlie Winter

Abstract

The chapter investigates ISIL’s organizational approach towards the production and deployment of propaganda in Iraq and Syria. It provides a detailed analysis of ISIL’s sophisticated system of managing and controlling information flow, messaging development, and transmission to the wider world. The chapter has four sections. The first section provides a brief history of ISIL propaganda. The second section gives an overview of ISIL’s strategic approach to propaganda and propaganda-adjacent activities. The third section describes how ISIL engaged in the production and distribution of propaganda and propaganda-adjacent activities. The final section focuses in particular on the role of execution propaganda in ISIL’s overarching outreach strategy, exploring how it was produced and why (with a focus on foreigner fighter involvement and terrorism incitement), as well as what its significance is as a potential evidence base for prosecutors.

By Moustafa Ayad

Abstract

Chapter 6 discusses foreign fighter recruitment, intake, training, and deployment through an examination of the “military sciences” folder of the Cloud Caliphate, an online collection of training material and records used to prepare ISIL recruiters and foreign fighters. The chapter is divided into five distinct sections. First, the author highlights the centrality of digital archives both theoretically and to al-Qaeda and ISIL supporters for the overall terrorist digital ecosystem. Building on this section, the second section will dissect the specific ISIL-supporter digital network that has built, supported, and disseminated the “Cloud Caliphate” archive. The section will outline the genesis of the support group behind the “Cloud Caliphate’s” development, and its centrality to the overall ISIL digital ecosystem on the open web, as well as its linkages to real-world criminal cases. The third section will outline the overall scope of the “Military Sciences” folder in the “Cloud Caliphate,” to provide policymakers and prosecutors with insight into the military training material curated by and likely used by ISIL fighters and tacticians. The fourth section will highlight the key documents that can be categorized into the author’s five-point framework for classifying ISIL military training materials. The last and final section will provide recommendations for policymakers as well as prosecutors based on the analysis.

By Gina Vale

Abstract

Islamic States’ genocide of the Yazidis was pre-meditated and ideologically-driven. The group used varied means to attack and fragment the community, culminating in the mass murder, trafficking, and enslavement of thousands of men, women, and children. Media and scholarly attention have predominantly focused on the sexual element of Islamic States’ abuses. While this chapter maintains focus on the treatment of captive Yazidi women (and their children), it applies a wide-angle lens in order to contextualize and better understand their victimization within the holistic physical and biological annihilation of the minority community. Yazidi women were targeted as Yazidis, as women, and some as mothers. The diversity of the victims is mirrored in the varied violences of the perpetrators, accessories, and supporters of the genocide. As a complement and counterpoint to the group’s official documentation, the testimonies of survivors provide an ‘inside view’ of Islamic State’s enslavement. Importantly, they expose the inconsistencies of, and deviations from, the group’s regulations, demarcating official policy from the unofficial or even illicit practices of individual group members. The data and accompanying analysis of this chapter map the evolution of Islamic State genocide in support of efforts to prosecute Islamic State-affiliated persons for crimes that go beyond group membership.

By Aymenn Jaward Al-Tamimi

Abstract

Chapter 8 explores the structure of ISIL’s pillage economy – the large-scale confiscation of the moveable and immoveable property of those killed, detained, or forced out by ISIL. It further examines the use of the assets obtained and the role these assets played in the operation of ISIL’s economy. This chapter is authored by Aymenn Jawad Al-Tamimi, PhD candidate at Swansea University and manager of the ISIL Archives project in collaboration with Jihadology.