The Yazidi community Iraq endured unimaginable suffering under ISIS, particularly through systematic sexual violence against Yazidi women and girls. Since the ISIS invasion in 2014, these women have faced sexual slavery, physical abuse and other forms of sexual violence as part of the group’s broader campaign. Despite the gravity of these crimes, the Iraqi legal system struggles to adequately prosecute perpetrators. Most ISIS members involved in sexual violence are prosecuted under anti-terrorism laws, which do not account for the specific nature and severity of such crimes. The Iraqi legal framework, although strong in addressing terrorism-related crimes, lacks comprehensive provisions for the prosecution of sexual violence, which is limited and inconsistent with international legal standards. This gap in legal provisions has hindered Iraq’s ability to secure justice for victims, who often face further marginalization. Effective prosecution of ISIS members for sexual violence requires legal reform to expand the recognition of sexual violence crimes within Iraqi law, aligning them with international human rights standards. The establishment of a specialized court or a hybrid court composed of Iraqi and international legal experts could complement these reforms, providing an impartial mechanism for the full trial of crimes committed by ISIS. Therefore, this paper examines the challenges Iraq faces in prosecuting ISIL members for sexual violence against Yazidi women within its domestic courts and proposes solutions to fill these gaps. By aligning its legal framework with international norms and creating specialized judicial mechanisms, Iraq can deliver justice to survivors and contribute to long-term national reconciliation.
Jalal et al. (Sun,) studied this question.