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Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence" DinarDailyUpdates?bg=330099&fg=FFFFFF&anim=1

Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence"

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Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence" Empty Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence"

Post by claud39 on Wed Nov 27, 2019 8:15 am

[size=36]Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence"[/size]


NOVEMBER 26, 2019


Security Council: Investigative team to bring Daesh to account for its crimes in Iraq has begun gathering "compelling evidence" SC%20slide



"The recent renewal of our mandate represents a reaffirmation on the part of the Security Council that it is not enough to condemn barbarity and depravity," said this morning to the Council, the head of the team of investigators United Nations to assist in bringing Daesh / Islamic State of Iraq and the Levant to account for its crimes (UNITAD), Mr. Karim Asad Ahmad Khan.

In presenting his six-month report to the UN body for the maintenance of international peace and security, Khan said that a year after his deployment to Iraq, the team he leads is now operational. , with 107 members including investigators, lawyers, forensic scientists and experts in witness protection and accompaniment. All regional groups are represented, he said, noting that 53% of women are among support teams and 50% among managers. 


UNITAD has begun to put in place an indisputable evidence base, through DNA and ballistics analysis, laser scanning of crime scenes, digitization of disparate documentary evidence and the collection of crucial forensic data in mass graves, explained the senior official.


This evidence, already exploited by a Finnish court of appeal against two Iraqi nationals accused of war crimes in Tikrit, may also serve as a basis for prosecution in Iraq, said the Head of the Investigation Team. In this regard, he welcomed the fact that Baghdad has taken concrete steps to enact legislation to prosecute acts committed by Daesh as war crimes, crimes against humanity and genocide. A decision that has been welcomed, in particular, by Belgium and the Dominican Republic.


The testimony of Kachi, an Iraqi from the Yezidi community who survived the massacre in the mountains of Sinjar District on August 3, 2014, gave the members of the Security Council the full measure of the seriousness of the crimes on which they are responsible. investigate UNITAD. That day, the witness recounted, Daesh fighters took control of the area and surrounding villages, causing tens of thousands of Yazidi civilians to flee and capturing and killing around 7,000 men, women and children.
The members of the terrorist organization besieged Kocho for 12 days and executed nearly 400 men shouting "God is great". As many as 850 women and children were brought to the east of Sinjar before being killed and buried, sometimes buried alive in a pit. Kachi's wife and daughters were sold as slaves in Iraq and Syria, with only 19 out of 1250 Kocho residents surviving, he said.


Troubled by this evocation of "evil incarnate", many delegations, such as the United States, France or South Africa considered that the answer to these crimes must be justice, so that the guilty are held as accountants of their acts. A fight against impunity all the more indispensable as justice contributes to the recovery of a nation, added Germany. For this reason, the cooperation shown by the Iraqi authorities with the Team of Investigators, as acknowledged by its Chief, has satisfied many delegations, including Poland, the United Kingdom, the Dominican Republic and Peru. .


While evidence-gathering in the field is one of the most important elements in the fight against terrorism, it is incumbent on Iraq to prosecute atrocities committed on its territory. Indonesia, the Russian Federation and Equatorial Guinea. In this context, it is crucial that the Team continues to respect the United Nations Charter, the relevant Security Council resolutions, the sovereignty of Iraq, while coordinating its activities with the authorities of that country to the maximum.


Iraq has confirmed its intention to strengthen cooperation with the team, at the same time believing that the perpetrators must be brought to justice in Iraq to show the families of the victims that justice will be done. Indeed, the Government of Iraq has asked UNITAD to deal with the issue from a strictly legal perspective and to submit the collected evidence to the relevant Iraqi authorities to initiate the judicial proceedings, his representative summarized.


THREATS AGAINST INTERNATIONAL PEACE AND SECURITY - ( S / 2019/878 )
declarations


Mr. KARIM ASAD AHMAD KHAN, Special Adviser and Head of the United Nations Investigative Team to Assist Daesh / Islamic State of Iraq and the Levant in Responding to its Crimes , said that since his last briefing to the Security Council, his team had continued to conduct investigations, while ensuring that victims and their families were at the center of its work. Because it is essential that all the voices of the victims from all communities, be they Christian, Kaka'i, Shabak, Sunni and Turkmen or Yazidi, be heard, he said, adding that he was responsibility of all, including the Security Council, to establish responsibilities.


Kahn went on to say that one year after deploying to Iraq, the team of investigators is now operational. It has 107 members, 53% of whom are women on support teams and 50% of managers, with all regional groups represented. The team has also made significant progress in collecting documents, digital data, testimonies and legal evidence in the three priority areas for the conduct of its investigations, Mosul, Sinjar and Speicher camp in Tikrit. . Thanks to extrabudgetary contributions, the Team has also been able to extend its jurisdiction to all crimes committed by Daesh against all communities in Iraq.


Mr. Khan further indicated that based on his activities, the Team was able to identify a number of individuals from the Islamic State of Iraq and the Levant, including 160 perpetrators of crimes committed against the Yazidi community in Sinjar. She is now putting together files that can be brought to justice. In addition, with the exemplary cooperation of the Government of Iraq, the Team was able to carry out field investigations during 203 days, particularly in Mosul and Tikrit. 


The evidence gathered in this context is now used as the basis for the ongoing trial in Finland of two alleged members of this organization, who were prosecuted for war crimes committed by ISIL in June 2014 in Tikrit. With this cooperation, the Government of Iraq and the team have demonstrated their ability to provide evidence for trials in third countries, he said. Baghdad has also taken concrete steps towards the adoption of legislation to prosecute acts committed by Daesh as war crimes, crimes against humanity and genocide, said the Special Adviser, He emphasized his personal willingness to work with national authorities to establish a solid legal framework that would serve as a basis for prosecution of Daesh members on charges proportionate to the seriousness of their actions.


"The recent renewal of our mandate represents a reaffirmation on the part of this Council that it is not enough for us to condemn the barbarism and depravation of Daesh," the Special Adviser said. To serve survivors, we must ensure that the perpetrators of these crimes are personally held accountable. Through DNA and ballistics analysis, laser scanning of crime scenes, the digitization of disparate documentary evidence, and the collection of crucial forensic data in mass graves, we began to build an evidence base undeniable on which rest the national prosecutions which will be able to be successful, continued the high official. He was pleased that the Council, today, on the initiative of the United Kingdom, gave the floor directly to Kachi, a member of the Yezidi community who was an important partner in the work of the Team. "I would humbly suggest that this could serve as a precedent for the participation of community representatives from across Iraq in our future briefings," he added.


KACHI AMO SALOH, Iraqi, a member of the Yezidi community and survivor of the Kocho massacre perpetrated in the mountains of Sinjar district on August 3, 2014 , reported the massacre by videoconference from UNITAD offices. 


That day, Kachi testified, Daesh terrorists seized control of the region and its villages, causing tens of thousands of Yazidi civilians to flee, but some 7,000 women, men and children were captured and killed. The village of Kocho was besieged for 12 days by a large number of Daesh fighters, until 15 August 2014. They took the villagers, about 1,250 people, including women and children, and locked them in the village. village school, where they searched them and confiscated their property, and then separated men from women, he said. 


The terrorists then took the men, about 400, to various places outside the village, near the farms and orchards, and began firing, shouting "God is great" and brandishing Daesh flags. After the shots, they went elsewhere and the witness found himself under a pile of bodies, "wounded but not dead". Opening his eyes, Kachi saw close to him three of his brothers killed. His nephews and cousins ​​suffered the same fate. There were 50 to 60 men in this group, he recalled. Kachi managed to escape for fear of being killed, "leaving his brothers and their children in a mass grave". He said he survived "by the grace of God" to testify to this atrocious crime committed by ISIL. 


The Daesh people then took about 850 women and children east of Sinjar, then separated the older women from the rest of the group - there were about 77 old ladies including her 90-year-old mother-in-law, Kachi continued. . They were all killed and buried, sometimes buried alive in a pit. The terrorists then took the women and girls, including the wife and girls from Kachi who were sold on a slave market in Iraq and Syria. To date, he said, Kachi has lost 75 members of his extended family, all killed by Daesh. 


Only 19 out of 1,250 Kocho survivors survived, including Kachi, who has suffered psychological damage since the massacre. Five years have passed but "I still see the bodies of my brothers, I always hear the cries of my wife and daughters, including those of Lara, who was three months old, dead in captivity of hunger and thirst", he entrusted.




Kachi thanked the Security Council for creating the Team of Investigators at the request of the Yazidi communities and other communities, and the Government of Iraq. Their work is vital to him and to the entire Yezidi community to establish responsibilities. But now, making the perpetrators accountable for their crimes and suing them is not enough for the Yazidis, "the international community must recognize that what happened to the Yazidis is genocide," he said. he insisted, hoping that the Council would create a permanent mechanism to prevent such crimes from happening again in the future. Kachi concluded by asking the investigators to continue listening to the stories of the survivors and the families of the victims.    


Ms. KELLY CRAFT ( United States) presented his condolences to France, after the death of 13 of his soldiers engaged in the fight against terrorism in Mali. Returning to the theme of the meeting, Ms. Craft recalled the crimes committed against various communities in Iraq by Daesh, the "evil incarnate". Only by demanding that criminals account for their actions will justice be done, she said, recalling that her country had released $ 3 million to support the work of the team of investigators. , especially to finance the excavation of mass graves at Sinjar. Ms. Craft commended the good cooperation between the Government of Iraq and the Team. It also welcomed the fact that the evidence collected serves as a basis for prosecution in third countries.  


After expressing his condolences to France for the death of his 13 soldiers in Mali, Mr. JUERGEN SCHULZ ( Germany ) praised Kachi's courage and the work of Mr. Khan: the importance of justice for the recovery of a country is absolutely essential, he said, welcoming the fact that the work of the team of investigators of Mr. Khan is extended to the crimes committed against the Christians. The representative recalled Germany's support for this work, which is one of the objectives of the Alliance against Impunity, which was set up in the margins of the General Assembly. Finally, he also welcomed the support of the Iraqi authorities, who cooperate with the Team of Investigators.


Mr. MANSOUR AYYAD SH. A. ALOTAIBI ( Kuwait) said that he supported the mandate of the Team of Investigators and welcomed the good cooperation it enjoys from the Government of Iraq. This cooperation demonstrates that the Government of Iraq has demonstrated its ability to judge crimes committed on its territory, he said. He also emphasized that the Team should fulfill its mandate, avoiding encroaching on those of other United Nations mechanisms on terrorism issues. Moreover, as a member of the international counter-terrorism coalition, and co-sponsor of the foreign fighters resolution, Kuwait felt that one of the priorities of the international community is repatriation to their home countries of foreign fighters. The countries concerned must take all measures to this end,


Mr GBOLIÉ DÉSIRÉ WULFRAN IPO ( Ivory Coast) expressed confidence that UNITAD will find appropriate responses, in synergy with the Iraqi authorities, despite the complex challenges that remain. Among these, the transnational character of Daesh's actions, between 2014 and June 2016, calls for the identification of spaces for judicial cooperation between the states of the region so that the members of this terrorist organization are held across the country's borders. answer for their crimes, said the representative. In this regard, he said, Côte d'Ivoire urges UNITAD and the Iraqi authorities to strengthen their cooperation for the development of consensual legal mechanisms for inclusion in the Iraqi legal arsenal. , crimes committed by Daesh. Welcoming the establishment of the witness protection program by UNITAD, Mr. 


For Côte d'Ivoire, he said, the commitment of the international community to translate into concrete action the principle of accountability for mass crimes committed during conflicts, including by terrorist groups, goes far beyond Iraqi and regional cadre. This commitment, he stressed, calls for the mobilization of the entire United Nations system and all actors involved in the fight against terrorism and transnational organized crime.   


Mr PAUL DUCLOS ( Peru) recognized the crucial work of the Investigative Team, not only to hold Daesh accountable, but also for its contribution to national reconciliation efforts. He expressed satisfaction that the Team is operational, which allows it to fulfill its potential for investigation, forensic analysis, exhumation, identification of missing persons and witness protection. He also described with satisfaction the synergies and cooperation between the Team and the Iraqi authorities, recalling also that it contributes to the development of legislation allowing prosecution and the use of evidence and exploitable information. by other States requesting them.


 Mr. Duclos emphasized the importance of the support received by the Investigation Team from other States in the region and from international organizations, in particular the United Nations Assistance Mission for Iraq (UNSMIL), and asked that we guarantee him the necessary means. He finally recalled that the threat posed by Daesh is still present, and that the pursuit of the fight against impunity can help to deter new atrocities.


Mrs KGAUGELO THERMINA MOGASHOA ( South Africa) praised UNITAD's "professional" survey work, particularly through the use of modern technologies, international best practices and a team of international experts in a variety of fields. It welcomed the close cooperation between UNITAD and the Iraqi authorities in this context, in particular the fact that they are developing mutually supportive mechanisms to bring those responsible for Daesh crimes to justice. 


Even though Daesh has suffered significant setbacks due to the military defeat of his self-proclaimed caliphate and the recent death of his leader Abu Bakr Al-Baghdadi, it is clear to the representative that the threat posed by the remaining elements is very real, especially that of the affiliated groups that have emerged in Africa and elsewhere, and that their "toxic ideology" continues to spread on the Internet. All of these questions call for answers, Mogashoa said, expressing concern at the conclusion of the Secretary-General's report that Daesh remains a pervasive threat in Iraq, despite recent setbacks. 


In this context, South Africa is of the view that the role of UNITAD remains vital to complement other efforts to end the Daesh threat (EILL), ensuring that justice is achieved. for the horrific crimes committed by this organization. In that regard, it was clear to him that UNITAD played a vital role as an impartial and independent body in support of the Iraqi authorities. Ms. Mogashoa said she was concerned by the conclusion of the Secretary-General's report that Daesh remains an omnipresent threat in Iraq, despite recent setbacks. In this context, South Africa is of the view that the role of UNITAD remains vital to complement other efforts to end the Daesh threat (EILL), ensuring that justice is achieved. for the horrific crimes committed by this organization. In that regard, it was clear to him that UNITAD played a vital role as an impartial and independent body in support of the Iraqi authorities.


 Ms. Mogashoa said she was concerned by the conclusion of the Secretary-General's report that Daesh remains an omnipresent threat in Iraq, despite recent setbacks. In this context, South Africa is of the view that the role of UNITAD remains vital to complement other efforts to end the Daesh threat (EILL), ensuring that justice is achieved. for the horrific crimes committed by this organization. In that regard, it was clear to him that UNITAD played a vital role as an impartial and independent body in support of the Iraqi authorities. South Africa believes UNITAD's role remains vital in complementing other efforts to end the Daesh threat (EILL), ensuring justice for horrific crimes committed by this organization. 


In that regard, it was clear to him that UNITAD played a vital role as an impartial and independent body in support of the Iraqi authorities. South Africa believes UNITAD's role remains vital in complementing other efforts to end the Daesh threat (EILL), ensuring justice for horrific crimes committed by this organization. In that regard, it was clear to him that UNITAD played a vital role as an impartial and independent body in support of the Iraqi authorities.


Mr HAITAO WU ( China ) hoped that Iraq would continue to seek an inclusive development solution and thus make further progress towards lasting peace. Terrorist activities in Iraq have resulted in many civilian casualties and a threat to peace and security in the region, he said. Many foreign terrorist fighters and their families have been acting in this country and the representative has supported the efforts to bring them to justice.


Taking note of the report of the Team of Investigators, Mr. Wu welcomed the efforts made despite the difficulties encountered. China supports cooperation between the Team and other United Nations entities in the field to avoid duplication and provide support to victims of terrorism. He also hoped that UNITAD would strictly adhere to its mandate, in close consultation with the Government of Iraq. The resurgence of terrorist activities in Iraq must be prevented, he stressed, stressing that for the team of investigators, the continuation of its work will depend on its relations on the ground. The activities of terrorists pose a major challenge and Member States must continue to cooperate and take effective measures to repress their activities.


Mr MUHSIN SYIHAB ( Indonesia) noted with satisfaction that the Team of Investigators is now fully operational. He also praised the progress in gathering evidence in Sinjar, Mosul and Tikrit, despite the daunting challenges on the ground. It is crucial that the Team continues to respect the Charter of the United Nations, fulfill its mandate and comply with Security Council resolutions in carrying out its activities, said the delegate. Emphasizing the importance of evidence in gathering evidence, Syihab said protecting survivors and affected communities must be at the heart of UNITAD's efforts. Finally, he said that it was the responsibility of the Iraqi authorities to prosecute atrocities committed on its territory. Therefore, 


Ms. AMPARO MELE KOLIFA ( Equatorial Guinea ) noted the "gender and geographical balance" in the composition of the Team of Investigators. She also commended the organization of work and efforts to involve the victims of Daesh. For the Representative, the success of the Team fosters the fight against impunity in Iraq and the building of a resilient society. She encouraged the Team to continue to work in an impartial, independent and credible manner, in strict compliance with United Nations procedures and good practices, international law and Iraq's sovereignty. Finally, she called on the Iraqi authorities and the United Nations to strengthen their cooperation with the Team.


Mr JOSÉ SINGER WEISINGER ( Dominican Republic) commended the operationalization of the Team of Investigators and the collaborative spirit that has prevailed so far in the conduct of its work, including with the Government of Iraq, the Government of the Kurdistan Region and local communities, including the victims and witnesses of the crimes perpetrated by Daesh. The representative also noted with satisfaction "the gender and geographical balance" reflected in the composition of the Team. The representative also welcomed the country's adoption of a legislative framework to bring to justice Daesh members responsible for war crimes, crimes against humanity and genocide, and advances in the collection of information. Evidence and Testimony Collection in Sinjar, Mosul and Tikrit.



 Otherwise, 
After having noted the progress made in recent months by the Team of Investigators, Mr. MARC PECSTEEN DE BUYTSWERVE ( Belgium ) thanked Kachi for his "poignant" testimony and his courage which recall the importance of answering the calls of survivors for that crimes are recognized and their perpetrators brought to justice. The representative welcomed the close cooperation between the Team and the Iraqi authorities. He particularly welcomed the bill tabled in the Iraqi Parliament to allow prosecution for war crimes, crimes against humanity and genocide. He hoped that UNITAD would accompany Iraq to carry out this project.


Ms. JOANNA WRONECKA ( Poland ) commended Iraq's trust and good cooperation with the Team of Investigators, as well as its victim-centered approach. The delegation is keen on the independence of this Team, which it has urged to fulfill its mission.


Mr GENNADY V. KUZMIN ( Russian Federation ) emphasized that the main role in the process of combating terrorism rests with the Government of Iraq. This evil can only be countered by "maximum coordination": it is therefore essential that all the actors respect Iraqi sovereignty and coordinate their activities, the representative stressed. It is a question of helping the Government of Iraq to stabilize the situation. For its part, Russia, which continues to support the authorities, considers that the work of the Team of Investigators to collect evidence on the ground is one of the most important elements in the fight against terrorism.


Mrs ANNE GUEGUEN ( France ) began by thanking the delegations for their sympathy after the death of 13 French soldiers, killed in the collision of two helicopters of the Barkhane force in Mali.
With regard to UNITAD, she welcomed the focus on victims by the Team of Investigators. For France, justice must be done for crimes committed by Daesh in accordance with international standards. As such, while the delegation welcomes the trial based on evidence gathered by the Investigative Team, it recalls the principle of non-imposition of the death penalty.


Mrs KAREN PIERCE ( United Kingdom ) presented her condolences to France. Insisting that it is essential for the Security Council to continue to follow such important justice issues, she said she was struck by Kachi's testimony, and thanked him. "This is the best example we've heard this month," she said. It also thanked the Government of Iraq, whose support was essential to enable the investigators to continue their work and welcomed the bill introduced in Parliament to prosecute war crimes, crimes against humanity and genocide.


Mr MOHAMMED HUSSEIN BAHR ALULOOM ( Iraq) welcomed the adoption of resolution 2490 (2019) approving his government's request to extend the mandate of the Investigative Team to continue its investigation of crimes committed by Daesh. He then hoped for more progress in getting the culprits to account and bring them to justice. Following the military debacle of Daesh in Iraq, he said, the country needs the efforts of the international community to rebuild the infrastructure, bring to justice the sponsors and the financial support of terrorist acts to guarantee the the complete eradication of these groups and the killing of any terrorist plan in the bud to disrupt international peace and security.


Bahr Aluloom said he looked forward to appointing Iraqi members of the team to build Iraq's capabilities. His government pledged to cooperate with the team to support the implementation of its mandate, he said, but it must build on Iraq's sovereignty and its ability to deal with crimes against its people. The team must deal with this issue from a strictly legal point of view in order to refer these cases to the Iraqi judiciary, he insisted; any other use of such evidence outside this framework will have to be submitted to the Iraqi authorities and to its justice. 


It is a question of submitting evidence to the competent Iraqi authorities to launch the judicial proceedings and justice must be promptly rendered to the victims. The perpetrators must be brought to justice in Iraq to show the families of the victims that justice will be done. Extending the investigation period will have a deleterious impact on the quality of the evidence and the exposure of the crimes, said the representative.


 Time can lead to the disappearance of evidence and undermine efforts to deliver justice to victims. For the representative, it is necessary to turn the page as quickly as possible and to identify and judge the guilty of these crimes. He concluded by calling for strict respect for the sovereignty and independence of the Iraqi judicial authorities. Time can lead to the disappearance of evidence and undermine efforts to deliver justice to victims. For the representative, it is necessary to turn the page as quickly as possible and to identify and judge the guilty of these crimes.


He concluded by calling for strict respect for the sovereignty and independence of the Iraqi judicial authorities. Time can lead to the disappearance of evidence and undermine efforts to deliver justice to victims. For the representative, it is necessary to turn the page as quickly as possible and to identify and judge the guilty of these crimes. He concluded by calling for strict respect for the sovereignty and independence of the Iraqi judicial authorities.  

https://www.un.org/press/fr/2019/cs14035.doc.htm
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