Recognizing Yezidi Genocide: Perspectives and Challenges of Initiating an (Inter)National Tribunal for the Crimes of ISIS against Yezidi Minority.
International Terrorism,
Human Rights,
International Criminal Law,
Genocide Studies,
Minority Studies
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This interdisciplinary research dissertation is based on the legal analysis of the characteristics of the crimes of ISIS, possible recognition of Yezidi genocide according to the provisions of international criminal law, and perspectives of initiating a special tribunal for the crimes of ISIS against the Yezidi minority. The thesis compares evidence of the incidences and atrocities of ISIS with provisions of the UN Genocide Convention and other international treaties to find out whether Yezidis belong to a protected group under international law and whether these crimes could be legally named as genocide, crimes against humanity, or war crimes. Secondly, the study highlights the international reactions and symbolic political recognition of the Yezidi genocide worldwide. It explains the obligations of those states who recognized the genocide by taking three examples of the USA, UK, and European Union to examine what they did post-recognition and whether their measures promoted punishing the crimes of ISIS. The initiation of legal Finally, this thesis analyzes the perspectives and challenges of establishing a national or international tribunal for the crimes of ISIS by highlighting the obstacles and possibilities for three roads towards bringing justice: referring the case to ICC, the establishment of an Ad hoc/Hybrid tribunal; or the activation of an Iraqi national jurisdiction for international crimes. On the basis that facts are given about the current legal situation and appropriate ideas are recommended to reform Iraqi law to fulfill the contemporary standards of ICL and comply with the principles of international human rights