The human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups

Human Rights Council

Twenty-second special session

1 September 2014

                   Estonia, France, Germany, Greece,* Hungary,* Iraq,* Italy, Latvia,* Poland,* Portugal,* Spain,* United Kingdom of Great Britain and Northern Ireland: draft resolution

                   S-22/…  The human rights situation in Iraq in the light of abuses 
              committed by the so-called Islamic State in Iraq and the Levant 
              and associated groups

       The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant international human rights law instruments,

Recalling Security Council resolutions 1373 (2001), 1618 (2005), 1624 (2005), 2169 (2014) and 2170 (2014), General Assembly resolution 60/288 and Human Rights Council resolutions 10/15 and 13/26 as well as all other relevant United Nations resolutions,

Reaffirming its commitment to the sovereignty, unity and territorial integrity of Iraq within its internationally recognized borders,

       Welcoming various statements issued by the Security Council, the Secretary-General of the United Nations, the United Nations High Commissioner for Human Rights and the Special Representative of the Secretary-General for Iraq, which noted the enormity of atrocities committed by the so-called Islamic State in Iraq and the Levant and associated terrorist groups, and which said that such atrocities may amount to crimes against humanity, involving unlawful killing, sexual violence against women and children, enslavement, rape, forced marriages, displacement and abduction, and have caused a catastrophic humanitarian crisis and the displacement of large numbers of people from the areas under their control,

       Deeply concerned by the increasing and dramatic human rights violations and abuses and violations of international humanitarian law in Iraq, resulting from the terrorist acts committed by the so-called Islamic State in Iraq and the Levant and associated terrorist groups against Iraqi people, including those involving unlawful killing, deliberate targeting of civilians, forced conversions, targeted persecution of individuals on the basis of their religion or belief, and acts of violence against members of ethnic and religious minorities, in particular Christians and Yazidis in Mosul and the surrounding areas, including Sinjar, Tal Afar, Bashir, Amerli, the Plain of Nineveh and other areas, as well as sieges on civilians in villages inhabited by minorities,

       Deeply concerned also by the attacks against civilians by the so-called Islamic State in Iraq and the Levant and the mass execution of a large number of Iraqi unarmed soldiers and clergy, as well as the rampant destruction of monuments, shrines, churches, mosques and other places of worship, archaeological sites and cultural heritage sites,

       Deeply regretting attacks against journalists by the so-called Islamic State in Iraq and the Levant and associated groups,

       Reaffirming that all States have the responsibility to promote and protect all human rights and fundamental freedoms for all, in accordance with the Charter of the United Nations and other instruments relating to human rights, and reaffirming also that the protection and promotion of human rights and fundamental freedoms is the responsibility of Governments,

       Reaffirming also that no terrorist act can be justified in any circumstances,

       Expressing alarm that acts of terrorism in all forms and manifestations pose a serious threat to the enjoyment of human rights,

       Recognizing with grave concern that the transnational character of the so-called Islamic State in Iraq and the Levant and associated groups pose a threat to the wider region,

       Emphasizing the need to take appropriate steps to protect members of religious and ethnic minorities, women and children, and members of groups in vulnerable situations, and to provide support to them, as well as to protect civilian and public facilities, such as schools, hospitals, shrines and places of worship,

       Emphasizing also the need to strengthen international cooperation in order to provide humanitarian assistance and aid to all displaced Iraqi people to ensure basic needs are met and to alleviate suffering caused by the violence,

       Fully aware of the obligations of the States Members of the United Nations to prevent and suppress the financing of any terrorist acts,

1.       Condemns in the strongest possible terms systematic violations and abuses of human rights and violations of international humanitarian law resulting from the terrorist acts committed by the so-called Islamic State in Iraq and the Levant and associated groups, taking place since 10 June 2014 in several provinces of Iraq, which may amount to war crimes and crimes against humanity, and strongly condemns in particular all violence against persons based on their religious or ethnic affiliation as well as violence against women and children;

2.       Urges all parties to comply with applicable international humanitarian law and human rights law, to protect civilians, in particular women and children, to respect their human rights and to meet their basic needs, which requires providing safe access for humanitarian and medical services to all affected populations;

3.       Stresses the need for those responsible for such violations of international humanitarian law or violations and abuses of human rights law to be held to account, through appropriate mechanisms, and calls on the Government of Iraq to ensure that all perpetrators are brought to justice;

4.       Expresses its support to the Iraqi authorities in establishing a new and inclusive government within the constitutionally mandated time frame;

5.       Calls upon the new Government of Iraq to promote and protect human rights by involving all components of the Iraqi society in a spirit of national unity and reconciliation, by upholding human rights law and international humanitarian law in its efforts to confront the so-called Islamic State in Iraq and the Levant, and by appropriately investigating all alleged abuses and violations of human rights law and international humanitarian law in Iraq; and continue to support the efforts of the Government of Iraq to foster religious freedom and pluralism by promoting the ability of members of all religious communities to manifest their religion, and to contribute openly and on an equal footing to society, and to take appropriate measures to prevent attacks against persons on the basis of their religion or belief and to prosecute the perpetrators of such attacks;

6.       Urges all parties not to lend any legitimacy to terrorist acts;

7.       Calls upon the international community to assist the Iraqi authorities to ensure protection of, and assistance to, those fleeing the areas affected by terrorism, in particular members of groups in vulnerable situation, including women, children, and persons with disabilities, as well as members of ethnic, religious and other minorities;

8.       Commends the United Nations and its specialized agencies and the partners of Iraq for their continued assistance to the national authorities of Iraq, and urges the international community and all relevant stakeholders to strengthen their efforts in assisting Iraq in restoring peace, stability and security in the areas controlled by the so-called Islamic State in Iraq and the Levant and associated groups, and in protecting civilians at the request of the Government of Iraq, and notably the threatened minorities, in order to ensure the return of internally displaced persons to their homes;

9.       Requests the High Commissioner for Human Rights to provide technical and capacity-building assistance to the Government of Iraq to assist in promoting and protecting human rights and to report on it;

10.     Requests the Office of the United Nations High Commissioner for Human Rights urgently to dispatch a mission to Iraq to investigate alleged violations and abuses of international human rights law committed by the so-called Islamic State in Iraq and the Levant and associated terrorist groups, and to establish the facts and circumstances of such abuses and violations, with a view to avoiding impunity and ensuring full accountability, and to provide a report on its findings to the Human Rights Council at an interactive dialogue during its twenty-eighth session, and also requests the High Commissioner to provide an oral update during the twenty-seventh session of the Council on the implementation of the present resolution;

11.     Decides to remain seized of the matter.

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*    Non-member State of the Human Rights Council.