‘Unique In Its Ferociousness:’ The Yazidi Genocide and the Role of Amnesty International and Human Rights Watch

01/10/2017

M.A. Thesis in History - Holocaust and Genocide Studies, University of Amsterdam

Supervisor: Karel Berkhoff

Word count: 26, 054

Abstract: This thesis seeks to determine the role of Amnesty International and Human Rights Watch in times of acute crisis, more specifically the organisations’ approach to the ongoing Yazidi genocide. I examine how the two nongovernmental organisations reported on the Yazidi genocide through one-on-one interviews and a textual analysis of their reports between June 2014 and May 2017. An analysis of the articles enabled me to collate information on various aspects of the Yazidi genocide, from the perspective of the organisations. Namely how the genocide came to being, followed by an exploration of the content of the conflict, which involves displacement, forced confinement, mass killing of adult Yazidi males, and enslavement and rape of Yazidi females. Moreover, reprisals have been a feature of the conflict, and are therefore addressed. Throughout my thesis Amnesty International and Human Rights Watch’s work is compared and contrasted, culminating in an inspection of their successes and failures, specific to this set of reports.

1 Table of Contents

Introduction p.4-8

I. Inside Amnesty International and Human Rights Watch p.9-22

II. The Emergence of the Yazidi Genocide p.23-29

III. Displacement and Forced Confinement p.30-39

IV. Mass Killing of Adult Males, Enslavement and Rape of Females p.40-45

V. Losses and Reprisals p.46-59

VI. Recommendations p.60-81

Conclusions p.82-92

Bibliography p.93-103

Appendices p.104-113 Abbreviations The northern regions of the Syrian Arab Republic and the Republic of Iraq Chronology of main events Relevant employees of AI and HRW Number of articles about the Yazidis per year

2

3 Introduction

On 3 August 2014, members of the terrorist group, the Islamic State of Iraq and Al- Sham (ISIS), descended on the Sinjar region in northwest Iraq, near the Iraqi- Syrian border. The majority of the world’s Yazidis, a distinct religious group, resided in the region, alongside a smaller number of Sunni Muslims. The third day of August marked the beginning of a genocidal campaign against the Yazidis. The campaign to destroy the Yazidis, referred to as Êzîdi or Êzdî in Kurdish, has been systematic since its inception, and continues to this day. The following introduction to the genocide is largely informed by a United Nations (UN) Human Rights Council report, entitled “They came to destroy”: ISIS Crimes Against the Yazidis,” alongside reports by Yazda, a nongovernmental organisation (NGO) dedicated to documenting crimes and advocating on behalf of the Yazidis, and an interview conducted by me with Yazda’s deputy executive director, Ahmed Burjus. Burjus’ family was one of the thousands forced to flee from ISIS in August 2014. Yazidism emerged thousands of years ago. Its followers have repeatedly been subject to religious discrimination. However, in Sinjar town and various villages in the region, Yazidis and Arabs lived together. Nevertheless, after the external attack, relations between the two communities have deteriorated. Yazda has labeled the attack the 74th genocide against the Yazidis, highlighting the enduring nature of their plight dating back to at least the Ottoman Empire.1 Muslims, for centuries, have deemed Yazidis to be infidels, referring to those following the religion, as Kafir, or “devil worshippers,” due to the group’s worship of a Peacock Angel, which Christian and Islamic tradition can equate with the fallen angel Lucifer. Although Yazidism is a monotheistic religion connected to the pre-Islamic Zoroastrian faith, for centuries outsiders have perceived the religion to include polytheistic elements, which to them created grounds for maltreatment. Additionally, Yazidi customs are based on oral tradition, whereas Islam places an emphasis on the importance of a written scripture. Those that belong to the religion must have a mother and father that are Yazidi. Theologically conversion is not possible, and mixed marriage is rare.

1 Yazda, Yazidi Refugees in Greece, Turkey, Syria and Iraq seek legal admission to Germany (2016), 1.

4 In the months leading up to the violent entrance of hundreds of ISIS fighters into the Sinjar region, a region consisting of ‘hundreds of villages’ that ‘are spread out around the base of Mount Sinjar, with one main town Sinjar town, huddled at the base of the southeastern side of the mountain,’ the extremist group had been seizing areas in Syria and Iraq.2 This contributed to the success of the attack, as ISIS men were able to enter Sinjar from their bases in these areas, such as Mosul, Iraq’s second largest city (captured in June 2014), Tel Afar in Iraq, and Al- Shaddadi and the Tel Hamis region (Hasakah) in Syria.3 Furthermore, there was a lack of resistance, as the Peshmerga (the Iraqi Kurdish forces) retreated from their bases and checkpoints in the Sinjar region, without adequately informing civilians. Therefore, ‘no evacuation orders were issued and most villages were initially unaware of the collapse of the security situation.’4 When the dire situation became clear, impromptu groups of Yazidi men formed in some villages, with limited weaponry, endeavoring to provide their peers with a better chance of escaping. The UN report outlines that ‘by day break, Yazidi families from hundreds of villages across Sinjar were fleeing their homes in fear and panic.’5 After ISIS entered Sinjar the group’s primary objective was to capture Yazidis. They achieved this by ‘controlling the main roads and all strategic junctions,’ as well as setting up checkpoints and sending ‘mobile patrols to search for fleeing Yazidi families.’6 Families that fled in the early hours made it to Mount Sinjar, ‘an arid 100- kilometre-long mountain range,’ forming ‘the region’s heart.’7 However, ISIS besieged and trapped thousands of Yazidis on Mount Sinjar, and hundreds of them died from lack of resources. ‘All villages were emptied within 72 hours of the attack,’ aside from Kocho, ‘which was not emptied until 15 August 2014.’8 The fighters then moved to Iraq’s Nineveh Plain, home to a community of Yazidis, to continue the assault.

2 The United Nations, “They came to destroy”: ISIS Crimes Against the Yazidis (Distr.: Restricted: The United Nations Human Rights Council, 2016), p.5-6. 3 Ibid., p.6. 4 Ibid., p.7. 5 Ibid. 6 Ibid. 7 Ibid., p.6. 8 Ibid., p.7.

5 At the time of writing, three years on from the initial Yazidi-centric attack, the majority of the community has left their homes for other areas of Syria, or other countries. Overall, the attacks resulted in the displacement of most Yazidis: over 400,000 of them.9 Meanwhile, thousands of Yazidi women and children remain captive in the Syrian Arab Republic and in Iraq, while thousands of Yazidi males are missing. The campaign has consistently included actions defined in Article II of the 1948 Convention for the Prevention and Punishment of the Crime of Genocide. It is replicated in full in the Rome Statute.10

The crime of genocide is committed when a person commits a prohibited act with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such. Prohibited acts are (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group.11

The ways in which the terrorist group has implicated itself in the Genocide Convention will be further elucidated in the body of the thesis. Nevertheless, in summary, the men are killed, the females are sexually enslaved, whilst the boys are separated from their families, forced to convert and trained as fighters. The intent to destroy can be found in ISIS’ public statements, and its actual behaviour. The UN Human Rights Council declared it an ongoing genocide on 15 June 2016.12 The assault matches the criteria of the Genocide Convention, which Syria and Iraq are parties to.

The Yazidi Genocide and Human Rights NGOs When looking at the current Yazidi genocide it felt necessary to consider questions about ‘why it matters and to whom; who is responsible for its cause; and what sort

9 Yazda, Mass Graves of Yazidis Killed by the Islamic State Organisation or Local Affiliates On or After August 3, 2014 (2016), 4. 10 The United Nations, “They came to destroy,” p.8. 11 Ibid., p.4. 12 Ibid., p.1-41.

6 of action, by whom, should be taken.’13 The musings of Melissa Leach, a social anthropologist, and Mariz Tados, a political scientist, were considered and deconstructed over the course of the thesis by identifying the key features of the quotation. This thesis takes a close look at the way Amnesty International (AI, or Amnesty) and Human Rights Watch (HRW) have treated the Yazidi genocide, by using their online archives. Who do they hold responsible for it? What actions are needed in response? And who should enact these recommendations? Ian Gorvin, the guardian of HRW’s written standards, wrote a unique and important article looking at how NGOs, more specifically HRW, evaluate themselves.14 His work allowed for a more thorough understanding of the ways in which NGOs work. It is interesting to note that there are virtually no published studies of the way these NGOs react to specific case of genocide and mass violence, which explains why Gorvin’s article was unique. The lack of such material acted as a motivation for my thesis. AI and HRW were chosen as the sources; because they are intrinsic human rights focused nongovernmental organisations, which partially addressed the questions of why it matters and to whom. The genocide matters, in a broad sense, because of the grave human rights abuses that are being committed; and it matters specifically to Amnesty and HRW, because their foundations are based on the right to basic human rights. Both NGOs are ‘established, experienced, and trusted in the field of research and advocacy on human rights.’15 Additionally, these types of organisation are important for our ability to learn about genocides that are in progress, thus addressing the latter two statements of the quotation. It proved difficult to gain certain types of information on this specific genocide due to the captives’ inability to inform the outside world of their treatment. Additionally, ISIS, as a travelling force does not keep the same records available as say a static government perpetrating genocide can, such as the records from the Shoah. Nevertheless, the two NGOs have employees in the area of conflict and therefore, first hand accounts frequent their reports on the genocide. AI and

13 Melissa Leach and Mariz Tadros, “Epidemics and the Politics of Knowledge: Contested Narratives in Egypt’s H1N1 Response,” Medical anthropology 33, no.3 (2014): 241. 14 Ian Gorvin, “Producing the Evidence that Human Rights Advocacy Works: First Steps towards Systematised Evaluation at Human Rights Watch,” Journal of Human Rights Practice 1, no.3 (2009): 477-487, accessed May 08, 2017, DOI:10.1093/jhuman/hup022 15 Ibid., 479.

7 HRW spoke to victims, survivors, witnesses, local officials, local and international organisations and civil society groups. There is a clear utilisation of the materials that ISIS themselves provide on the Internet, as a means to understand their motives. I also believe that NGOs are removed enough from the cause to effectively report on matters as emotive as genocide. The first chapter is dedicated to establishing the stated goals and track records of AI and HRW, to provide a clear sense of why the two NGOs appropriately illuminate why the genocide matters and to whom. The second chapter analyses the emergence of the genocide, as told by AI and HRW, in order to achieve an understanding of who is responsible for the genocide waged against the Yazidis. The reader, who would like an understanding of the chronology of the conflict, can consult the appendices. The following three chapters, “Displacement and Forced Confinement,” “Mass Killing of Adult Males, Enslavement and Rape of Females,” and “Losses and Reprisals,” demonstrate how the genocide has been enacted, making more apparent how Article II of the Genocide Convention can be applied to the case of the Yazidis. The final chapter discusses what sort of actions should be taken, and by whom, according to the two NGOs. AI and HRW have links to and are influential in both Western governments and international institutions, further explaining their viability.16

16 “Human Rights Watch,” NGO Monitor, Last modified February 26, 2017, http://www.ngo- monitor.org/ngos/human_rights_watch_hrw_/

8 1 Inside Amnesty International and Human Rights Watch

‘A world where human rights are enjoyed by all.’17

Introduction This chapter explores the organisations at the focus of the thesis. The history of Amnesty, created in 1961, is looked at initially, before turning to HRW, which was the product of a watchdog formed in 1978. We will be comparing and contrasting the aims of each NGO, and how those have changed and expanded in past decades. The techniques employed, by the NGOs, to achieve these goals are also compared. We look at various methods the two organisations have been using to enact change, including, the carrying out of research, the utilisation of technology, and interacting with those whose human rights have been abused. In addition, we should also look at the structure of the organisations: how the two NGOs are organised to achieve their goals, and the ways in which AI and HRW are financed. Finally, we shall see that both NGOs use the arts, in various guises, in their fight against human rights abuses.

History Amnesty International was founded in 1961, by the English labour lawyer Peter Benenson, as a result of his outrage ‘when two Portuguese students were jailed just for raising a toast to freedom’ under the authoritarian government of António de Oliveira Salazar.18 Benenson’s article, “The Forgotten Prisoners”, first published in the Observer on 28 May 1961, and then throughout the world, articulated the feelings that inspired AI. Benenson argued,

Open your newspaper any day of the week and you will find a story from somewhere of someone being imprisoned, tortured or executed because his opinions or religion are unacceptable to his government... The newspaper

17 “Who We Are,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/who-we-are/ 18 Ibid.

9 reader feels a sickening sense of impotence. Yet if these feelings of disgust could be united into common action, something effective could be done.19

He subsequently launched the “Appeal for Amnesty” to unite said feelings in support of “Prisoners of Conscience,” which was supported and printed by several international newspapers. In London, now home to AI’s headquarters, the first official meeting took place in July 1961. Benenson believed that AI’s work could not be completed until ‘the last prisoner of conscience has been freed, when the last torture chamber has been closed, when the United Nations Universal Declaration of Human Rights is a reality for the world’s people.’20 Human Rights Watch was born out of Helsinki Watch, which was created in 1978 by ‘a group of activists and lawyers concerned about the censorship and harassment faced by their friends and colleagues in the Soviet Union.’21 The basic principle was to ensure an independent watchdog existed firstly, to make certain censorship did not go unnoticed; and secondly, to ensure the government of the Soviet bloc was complying with the 1975 Helsinki accords. Created to reduce Cold War tensions, these accords set out that in ‘return for acceptance of the Soviet Union’s hegemonic position in Eastern Europe, the West urged respect for human rights in the Eastern bloc and cooperation in humanitarian, economic and scientific areas.’22 The form this monitoring took was to publicly name and shame governments, utilising the media and communicating with policymakers. Several committees were formed, which looked at specific geographical areas, America, Asia, Africa and the Middle East. They were known as “The Watch Committees,” and in 1988 they came together as HRW. Alison Watson, a lecturer in International Relations at the University of St. Andrew, describes HRW as ‘a child of the Cold War’ and part of the policy of détente.23 Bruce Montgomery, the Archives Curator at the University of Colorado, believes the Carter Administration was the first executive branch to ‘fully embrace’ human rights, as shown by the

19 Ibid. 20 Ibid. 21 Ken Miller, “Crossing Borders: Human Rights Watch International Film Festival,” The Independent Film & Video Monthly 25, no. 5 (2002): 36. 22 Alison Watson, “Global Monitor. Human Rights Watch,” New Political Economy 9, no. 3 (2004): 443, accessed May 3, 2017, DOI: 10.1080/1356346042000259875 23 Ibid.

10 substantial increase in funds gifted to human rights organisations.24 This resulted in the public being alerted to the importance of preserving and creating human rights. Montgomery believes this paved the way for HRW, and the advocacy for the protection of human rights more generally.

Aims The NGOs have similar and varied desires. AI’s ambitions were influenced by Benenson’s “Appeal for Amnesty.” Benenson desired for Articles 18 and 19 of the Universal Deceleration of Human Rights of 1948 (UDHR) to come to fruition globally and to create protection for those wrongly imprisoned.25 Article 18 of the UDHR is the ‘right to freedom of thought and religion,’ and Article 19 pertains to the ‘right to freedom of opinion and expression.’26 In contrast, HRW has been committed to multiple forms of established international humanitarian laws. In particular, besides the UDHR, these are the four Geneva Conventions of 1949, and the International Covenant on Civil and Political Rights of 1966. The commitment to using the international standards of human rights has been constant since HRW’s inception. Additionally, the NGO uses agreements from the regions where abuses are occurring. Amnesty’s targets have increased, rather than changed, over time, and this change is in tune with events. As articulated by its website, ‘Amnesty has grown from seeking the release of political prisoners to upholding the whole spectrum of human rights.’27 The concept of increasing, rather than changing aims, can be applied to HRW’s trajectory too. The addition of targets in the 1970s can only be looked at in relation to AI, due to HRW’s conception coming later. Despite this, it is still interesting to look at how Seán MacBride, one of the founders of AI, and Martin Ennals, the Secretary General at the time, widened AI’s remit in the 1970s. MacBride and Ennals added Article 9, opposition to long detention without trial and Article 5, of the UDHR, concerning the torture of prisoners to AI’s remit.

24 Bruce Montgomery, “The Human Rights Watch Archives,” Peace Review 14, no. 4 (2002): 455, accessed April 30, 2017, DOI: 10.1080/1040265022000039259 25 “Who We Are.” Amnesty International. 26 “The Universal Declaration of Human Rights,” Claiming Human Rights, Last modified January 4, 2010, http://www.claiminghumanrights.org/udhr_article_18.html 27 “Who We Are.” Amnesty International.

11 The 1980s saw HRW cultivate global aims that focused on political and apolitical prisoners, such as refugees and women. Indeed, HRW ‘focused more and more not simply on human rights abuses that were government-led, but on those abuses that were committed by rebel groups not recognised as legitimate by the state.’28 This highlights the overarching objective to help vulnerable groups, regardless of the form of the groups committing the abuses. Much like HRW, refugees, specifically those that were displaced due to human rights violations rather than war or famine, became part of AI’s sphere in the 1980s. Amnesty also added extrajudicial and political killings; transfers by military, security and police forces, and disappearances to its endeavours. The work of both NGOs adapted to unfolding human rights violations in the 1990s. But the genocides in Rwanda and the former Yugoslavia, amongst other armed conflicts, provoked different reactions from AI and HRW. AI began to look at external intervention, more specifically at the motivations behind decisions to intervene or not intervene, whereas achieving justice was and remains vital to HRW, as shown in the organisation’s support of the international tribunals for the atrocities in the former Yugoslavia and Rwanda. HRW also ‘sought prosecutions of abusive leaders including Augusto Pinochet of Chile and Hissene Habre of Chad.’29 This commitment to justice is elucidated in HRW’s involvement in the creation of the Rome Statute and subsequently the International Criminal Court (ICC.) The bombing campaigns that took place during the 1991 Persian Gulf War led to HRW’s reporting taking a legal angle regarding the laws of war in relation to bombs. HRW also ‘broadened and strengthened its work on the rights of women, children, refugees, and migrant workers, bringing a human rights perspective to such issues as domestic violence, trafficking, rape as a war crime, and child soldiers.’30 The challenges associated with globalisation that came to the fore in the 2000s caused not simply an addition of aims, but a shift in the type of work that AI pursued. AI began focussing on economic, social and cultural rights, as companies grew exponentially in power, whilst nation states were being undermined. For HRW, the turn of the millennium brought into focus the need to directly appeal to terrorist groups and their supporters, but also to sharply monitor policies

28 Watson. “Global Monitor.” 443. 29 “History,” Human Rights Watch, Last modified n.d. https://www.hrw.org/history 30 Ibid.

12 undertaken against these forces, as those can also violate human rights. Like AI, HRW brought economic, social and cultural rights into its remit, due to globalisation, which it believes has threatened said rights. Additionally, ‘the HIV/AIDS pandemic led to the creation of a Human Rights Watch program devoted to human rights and health.’31 Currently AI’s vision is ‘a world where human rights are enjoyed by all… We speak out for anyone and everyone whose freedom and dignity are under threat.’32 A summary of the specific areas where its aims to help lists ‘armed conflict, arms control, corporate accountability, death penalty, detention, disappearances, discrimination, freedom of expression, indigenous peoples, international justice, living in dignity, people on the move, sexual and reproductive rights, torture, united nations.’33 To compare, a summary of the specific injustices HRW currently aims to end, is as follows: ‘summary executions, torture, arbitrary detention, restrictions on the freedom of expression, association, assembly and religion, violations of due process, and discrimination on racial, ethnic and religious grounds.’34

Techniques AI and HRW use a variety of techniques. Both NGOs place a particular onus on their own research into human rights abuses. AI and HRW view their impartial and accurate reports as an asset. AI’s website succinctly summarises why research is a necessary component to a human rights centric NGO: ‘human rights change starts with the facts’ and therefore experts need to ‘do accurate, cross-checked research into human rights violations by governments and others worldwide.’35 This is fundamental to AI and HRW’s ability to call for change. The work of HRW serves a dual purpose to human rights violations, as they ‘challenge entrenched, longstanding, or steadily deteriorating human rights

31 Ibid. 32 “Who We Are.” Amnesty International. 33 “What We Do,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/what-we-do/ 34 Giuseppe Schiavone, International Organisations: A Dictionary and Directory. (U.K.: Palgrave Macmillan, 2008), 159. 35 “What We Do.” Amnesty International.

13 problems.’36 However, according to Watson, ‘at times of acute crisis, HRW attempts to report up-to-the-minute information of the developing human rights situation in a particular area, often using emergency researchers that can be speedily deployed as a human rights situation changes.’37 These descriptions apply to AI’s research too. Time-sensitive research requires a specific methodology, as researchers must go to the location quickly and all information must be compiled with haste. Whereas, addressing deep-rooted abuses allows for a more thorough background research that contextualises events for the researchers, before interacting with those involved in and impacted by events. These two types of research are not mutually exclusive. Interestingly, the genocide in Rwanda and the Balkans created the need for ‘both real-time reporting of atrocities and in-depth documentation of cases to press for international prosecutions, which became possible for the first time in the 1990s.’38 Both NGOs dispatch missions to areas to inquire into abuses. The locations AI and HRW work in are decided upon in line with the objectives of the NGO, but need to be reinforced by the belief that paying a visit could make a real difference. Past research is utilised to decide where the fact-finding teams should be deployed. The NGOs visit many locations within one country, after carrying out extensive background research. Research at both organisations contains a legal stance with an examination of ‘international humanitarian law and international human rights law, domestic or local law.’39 Information from a variety of sources is utilised. These sources include reports by other international organisations, trials, human rights activists from and external to the country, academics, doctors, and the media. The research comes in multiple forms: the publication of timely press releases, newsletters, regular websites updates, ‘literature reviews, media reports, and background interviews with experts on the topic.’40 Additionally, ‘local partners in human rights organisations, academia, and civil society’ ensure they have spoken to and know where victims, witnesses and

36 “About Our Research,” Human Rights Watch, Last modified n.d. https://www.hrw.org/about-our-research 37 Watson. “Global Monitor.” 442 38 “History.” Human Rights Watch. 39 “About Our Research.” Human Rights Watch. 40 Ibid.

14 perpetrators that reside in different places are.41 Local activists and civil society members are helpful in regard to gaining access to interviewees. HRW’s ‘goal with any research mission is to gain enough information about an incident, or about repeated rights violations, to create an accurate picture of what happened.’42 The examination of the sites where abuses have taken place is perceived to be of value, as there is evidence of the way the killings are happening, where they are happening and what weaponry is being used. However, adequate security is paramount to both NGOs and can prevent research from taking place if a location is too high risk. The NGOs operate using modern means. AI recognises the importance of technology and uses it to develop news tools to aid their aspirations. For example, it has ‘a mobile phone app that acts as a personal ‘panic button’ for activists at daily risk of being arrested or detained.’43 HRW uses sophisticated technology to expose illegal acts, such as forensic tools, bomb-date analysis, GPS coordinates and satellite imagery to expose the transformation of a location both aesthetically and regarding population numbers. HRW believes that ‘combining its traditional on- the-ground fact-finding with new technologies and innovative advocacy keeps Human Rights Watch on the cutting edge of promoting respect for human rights worldwide.’44 These modern means are of particular importance in closed societies where HRW cannot physically enter, but have been informed of abuses taking place. Photography, both satellite and on-the-ground, is a vital contributor to their evidence. The evidence uncovered by their fact-finding teams is then put in HRW’s hundreds of reports, press releases, briefings and news releases each year. Their website contains this information, in the hope of mobilising public opinion and enacting change. Interacting with people whose human rights have been abused is necessary in the pursuit of ‘a world where human rights are enjoyed by all.’45 Carrying out interviews is part of HRW and AI’s work, as it provides key insights to the abuses and allows the NGO to formulate recommendations and advocacy objectives with the ultimate goal of ending persecution of a specific group. They interview the

41 Ibid. 42 Ibid. 43 “Who We Are.” Amnesty International. 44 “History.” Human Rights Watch. 45 “Who We Are.” Amnesty International.

15 victims and witnesses for this purpose, but in addition aim to provide them with a voice that is heard throughout the world. However, in order to locate and talk to the victims and witnesses Amnesty and HRW must speak first to activists and human rights organisations working within the country that have an established understanding of why the abuse is being carried out, and by whom. Additionally, the NGOs speak to a variety of people, such as: ‘representatives from local and international nongovernmental organisations, UN representatives, journalists, doctors and medical experts, lawyers and legal experts, community leaders, law enforcement officials, diplomats, and civil society leaders in order to corroborate information from witnesses and victims, and to better understand the social, political, and cultural contexts of the situation.’46 AI and HRW both try to contact the accused perpetrators to both gain information and to inform them of their opposition to the abuses. The NGO is not always able to carry out these interviews, as it is dangerous for the staff. The inclusion of as many groups, involved in the conflicts, in the discussion of abuses contributes to the protection of accuracy and fairness, which principally is of the upmost importance to them. Human rights NGOs are not always able to conduct interviews in those countries referred to as “closed societies”, such as Iran and North Korea, which cannot be entered by its employees. They try to counter these restrictions by conducting interviews at geographical boundaries, refugee and displaced person camps, as giving people a voice and exposing the truth is a priority. Despite the variety of difficulties associated with compiling information from these countries, such as ‘identifying rights violations, gaining a thorough understanding of the local context, identifying victims and witnesses, and identifying suitable recommendations and advocacy opportunities’, border interviews are felt to be an effective tool.47 A universal policy for interviews is not the norm, as situations can be vastly different and therefore, work is coordinated on a case-by-case basis. However, HRW does have a set of principles to abide by ‘to ascertain the truth, to corroborate the veracity of statements, to protect the security and dignity of

46 “About Our Research.” Human Rights Watch. 47 Ibid.

16 witnesses, and to remain impartial’; and a basic format, ‘to conduct interviews in private settings, one-on-one with the researcher, and to focus the interview on the details of what occurred.’48 The NGO believes this setting ‘helps to avoid false statements, exaggeration, and conjecture by ensuring interviewees are making independent statements.’49 Another policy is to ask numerous victims and witnesses about the same events and therefore establish specifics, recognise hyperbole and eradicate statements that cannot be verified. There is a focus on details and interviewees are requested to repeat their answers. The avoidance of re-traumatisation is of the upmost concern to AI and HRW and therefore, a variety of safeguards are in place. The interviewers at HRW have sensitivity training to ensure they approach the interviewees in the correct way. This extends to the time and setting, which must feel safe, which is achieved both through location and open and honest communication regarding why the interview is taking place, what will be discussed, and the reassurance that the interviewee will remain anonymous. The interviewees must provide consent and possess an understanding that the interview can be terminated at any point and they can decline to answer questions. The interviewer also is expected to cancel or reschedule the interview if they meet the victim or witness and feel they are not mentally or physically ready to answer the questions. In the majority of cases the researcher speaks to the victims and witnesses in a language they are fluent in, and if this is not possible, impartial interpreters and consultants are used. Those are trained ‘to translate questions and responses verbatim so that follow-up questions can be asked when clarity is needed.’50 In- person interviews are the most common and desirable. However, HRW will use other forms of communication when necessary, such as in closed societies. AI is guided by a similar set of principles; for example, they train and educate people, whose rights have been or are being taken away from them in the hope of reducing abuses. The following is a compilation of techniques used to enact change on the basis of information held by the two NGOs. Amnesty and HRW see the value in interacting with other organisations to advance the improvement of human rights.

48 Ibid. 49 Ibid. 50 Ibid.

17 They therefore both attend sessions held by important organisations, such as the United Nations. Campaigns, pertaining to an individual, country or specific theme, are made by both NGOs to mobilise public opinion and raise funds. The mobilisation of public opinion is considered vital for the production of civilian action. Civilian engagement in turn provides AI and HRW with millions of members, who help carry out forthright action, in the form of petitions, letters and protests that ‘press for action from the people and institutions who can make change happen.’51 Advocacy and lobbying is another component to Al; the NGO uses its analysis of situations ‘to influence and press governments, companies and decision- makers to do the right thing.’52 The “right thing” to AI is for governments and groups with influence to comply with international law.

Structure AI began with a single base in London, but as the organisation grew in size and power its opened regional offices across the continents, which are ‘major hubs’ for their ‘investigations, campaigns and communications.’53 HRW’s headquarters are in New York City, and it has multiple other offices. The offices prove a great asset for AI and HRW, as they enable quicker responses to events. HRW employs approximately 400 people, whereas AI is much smaller and employs 170.54 AI has an International Secretariat, which is a major part of its structure. It was set up in the mid-1960s, and is led by the Secretary General and Senior Directors. It is split into two entities in accordance with U.K. law, AI Limited and AI Charity Limited. They share a wide range of responsibilities, including carrying out research and reporting, imparting legal expertise, scrutinising AI’s finances and ensuring that it speak ‘with one voice globally about the whole range of human rights themes and situations and their impact on people and communities.’55 Additionally, AI’s International Board ‘provides guidance and leadership for the AI

51 “What We Do.” Amnesty International. 52 Ibid. 53 “Who We Are.” Amnesty International. 54 Ibid. 55 “Structure and People,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/about-us/how-were-run/structure-and-people/

18 movement.’56 Sections directed by the International Secretariat and the Executive Committee are vital elements of AI. They exist in more than 70 countries and work at national and regional levels to lobby local governments, to campaign and raise funds within their designated area, and also to carry out research into human rights maltreatment. The sections also look to gain more supporters for AI. Internally, the organisation has several networks ‘made up of members who share an interest, identity or expertise which gives them a particular role to play in taking up human rights issues.’57 Groups operating within communities are another key component to the NGO. They aim to educate and recruit people to the cause by conducting campaigns on behalf of Amnesty, and mobilising media contacts within the area. The organisation involves them in decision-making both on a national and international level. The majority of those working are volunteers that pay a membership fee; paid employees are in the minority. Crisis networks exist with the specific purpose of responding to situations that urgently need attention. HRW’s offices are composed of journalists, academics, and lawyers. There are also interns and volunteers as well as ‘a number of consultants and fellows on short-term contracts.’58 Kenneth Roth has been HRW’s executive director since 1993. He ‘previously worked in the USA as a federal prosecutor on the Iran–Contra affair, amongst other investigations.’59 The staff research, report and advocate for the end of human rights abuses in over 90 countries, with their work organised according to ‘five geographic divisions - Africa, Americas, Asia, Europe & Central Asia, and Middle East & North Africa, plus a separate program on the United States,’ which allows for a ‘global spread.’60 Additionally, the NGO is organised according to themes and programmes: ‘Arms; Business & Human Rights; Children's Rights; Terrorism & Counterterrorism; Health & Human Rights; International Justice; Lesbian, Gay, Bisexual &Transgender Rights; Refugees; and Women's Rights.’61

56 Ibid. 57 Ibid. 58 Watson. “Global Monitor.” 442. 59 Ibid. 60 “About Our Research.” Human Rights Watch. 61 Ibid.

19 The organisation works ‘closely with a broad range of local and international civil society actors to maximize’ its impact.62 It employs more than 80 researchers that are supervised by divisional or program directors, as well as core departments within the movement. The researchers must have a ‘powerful commitment to human rights and an existing expertise in their countries or issues of focus.’63 Some of them are based in or near to the locations where violations are occurring. Others mostly carry out their research in the main offices (Berlin, Brussels, Johannesburg, London, Moscow and Washington DC), besides going into the field. HRW researchers must ensure that the reporting and advocacy have a human face. The job is not insular, for it must ‘cooperate with local civil society activists, lawyers, and journalists, and… seek contacts with state and government officials.’64 The researchers must be up-to-date with the media’s portrayal of the abuses. Additionally, they must be in tune with ‘the output of peer organisations and the research community,’ as they must conduct ‘continuous phone and email communication with trusted contacts in the local activist community.’65 The researchers also need to focus on advocacy: it is important to establish who can and should hold the perpetrators accountable, besides stopping the abuses. A clear plan for how this should unfold needs to be provided by the researchers, according to HRW’s guidelines.

Funding Fees and donations from its worldwide membership largely finance AI. The NGO claims to refuse donations from governments, governmental organisations or political parties to ensure its ‘full independence from any and all governments, political ideologies, economic interests or religions.’66 However, Amnesty did accept grants from the UK Department for International Development, the European Commission, the United States (U.S.) State Department and other governments, which provoked criticism.

62 “About,” Human Rights Watch, Last modified n.d. https://www.hrw.org/about 63 Ibid. 64 “About Our Research.” Human Rights Watch. 65 Ibid. 66 “Finances and Pay,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/about-us/how-were-run/finances-and-pay/

20 HRW also professes a commitment to independence from governments and thus claims to decline money from them. Instead, private individuals and a plethora of foundations worldwide provide their support. HRW received the highest four star rating from the independent watchdog organisation, Charity Navigator on 10/01/2016.67 The NGO itself believes this shows ‘exceptional financial health in its efforts to manage and grow its finances in the most fiscally responsible way possible.’68 However, their finances have not been exempt from condemnation by another watchdog: NGO Monitor, whose mission statement declares the group ‘provides information and analysis, promotes accountability, and supports discussion on the reports and activities of NGOs… claiming to advance human rights and humanitarian agendas’.69 NGO Monitor does not believe that HRW’s pledge to accept no government funds is fully implemented, as, for example the group accepted funds from Oxfam Novib, which gets ‘the vast majority of its budget from the Dutch government.’70

Art Both NGOs view the arts as a valuable component in the pursuit of combating human rights abuses. AI created the “Art For Amnesty” programme, which is ‘a global community of artists of all disciplines and nationalities who share Amnesty International’s vision of a world where human rights are enjoyed by all.’71 The programme promotes a variety of cultural media work addressing topics that AI aims to prevent in truthful and educational ways. Additionally, the Secretary General’s Global Council of AI is a ‘volunteer forum that brings together leaders in the arts, business and philanthropy to work together to further human rights.’72 Likewise, HRW believes in the medium of film to ‘educate and inspire a broad constituency of concerned supporters,’ and thus made their International

67 “Human Rights Watch,” (2) Charity Navigator, Last modified n.d. https://www.charitynavigator.org/index.cfm?bay=search.summary&orgid=3845# 68 “Financials,” Human Rights Watch, Last modified n.d. https://www.hrw.org/financials 69 “About,” (2) NGO Monitor, Last modified n.d. http://www.ngo-monitor.org/about/ 70 “Human Rights Watch,” NGO Monitor, Last modified February 26, 2017, http://www.ngo- monitor.org/ngos/human_rights_watch_hrw_/ 71 “Art for Amnesty,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/art-for-amnesty/ 72 “Structure and People,” Amnesty International, Last modified n.d. https://www.amnesty.org/en/about-us/how-were-run/structure-and-people/

21 Film Festival.73 The annual festival’s purpose is to ‘showcase fictional, documentary, and animated films or videos with a human rights theme.’74 Having looked at various works of art by both NGOs one can conclude that the power of this tool indeed should not be underestimated.

Conclusions We looked at the history of the organisations, their current and past aspirations, their techniques, the ways in which the NGOs are organised and funded, and, additionally, how they deploy the arts in their quest to end human rights abuses. Numerous similarities in the way the two entities have been operating exist. For instance, both organisations have increased, rather than changed, their scope since inception, with their aims being routinely revised and added to in line with global events. If one looks at the summaries of the organisations’ aims, as outlined by their respective websites, AI articulates the areas where they aim to help, whereas HRW focuses on abuses that they aim to end; but otherwise there are no significant disparities between the lists. Both NGOs themselves research human rights abuses, and focus both on immediate crises and on long-term abuses. Both organisations claim to accept no government funds, to ensure impartiality in their work, but both have been criticised for this declaration. Both NGOs believe in the power and need for art to be deployed in their attempts to end human rights abuses. There are also differences. Whereas Amnesty was born out of a lawyer’s contempt for oppressive governments, in 1961, HRW derived from a watchdog intended to hold the Soviet bloc to account in 1978 and was formed in 1988 with the intention of holding several continents to account. The structures of AI and HRW also differ, with AI employing 170 people and in HRW 400. Much more than HRW, AI relies on volunteers to lobby and advocate on its behalf; its paid employees are in the minority.

73 “Frequently Asked Questions,” Human Rights Watch, Last modified n.d. https://www.hrw.org/frequently-asked-questions 74 Ibid.

22 II The Emergence of the Yazidi Genocide

‘Being a… Yazidi… in ISIS territory can cost you your livelihood, your liberty, or even your life.’75 Sarah Leah Whitson, Middle East director at Human Rights Watch

Introduction The purpose of chapter two is to describe and compare how AI and HRW described the inception of the genocide, perpetrated by ISIS against Yazidis victims. The victimhood of the Yazidis is a recurring motif in history; thus first their past is explored. Then we look at members of ISIS as the perpetrators. The conversion of males and the enslavement of females are briefly looked at here, as in subsequent chapters these topics are afforded more space from different perspectives. However, it is necessary to include them in this chapter, as the motivations for conversion and enslaving aid our comprehension of the emergence of the genocide.

History of persecution The concept of Yazidis as victims is not a new phenomenon. Therefore, it is not surprising that Donatella Rovera, AI’s Senior Crisis Response Adviser, referenced the longevity of the Yazidi’s persecution during 2014. She references their ‘long suffered persecution because of their religion… an off-shoot of the pre-Islamic Zoroastrian faith.’76 Yet AI’s work is distinctly lacking in explanation regarding the roots and the form of their previous persecution. In comparison, HRW places more emphasis on that past. Letta Tayler, a Senior Researcher, who investigates terrorism and counterterrorism in the HRW’s Emergencies Division, extrapolates the groups (‘the Chaldo-Assyrian, Yazidi, and

75 “Iraq: ISIS Abducting, Killing, Expelling Minorities,” Human Rights Watch, Last modified July 19, 2014, https://www.hrw.org/news/2014/07/19/iraq-isis-abducting-killing- expelling-minorities 76 “Iraqis displaced by ISIS attacks in Sinjar ‘desperate’ for aid,” Amnesty International, August 5, 2014, https://www.amnesty.org/en/latest/news/2014/08/iraqis-displaced-isis-attacks- sinjar-desperate-aid/

23 Shabak communities’) that have long been subject to persecution by extremist Sunnis, prior to ‘ISIS’s rise last year’ and therefore ‘have historical reasons to be fearful.’77 Examples reinforce her statements, such as bombings in August 2007 in Nineveh by suspected armed Islamists, killing more than 300 Yazidis and wounding 700.78 HRW’s “news release” written from Erbil in Iraqi Kurdistan highlights another historic way minorities were alienated from the greater population, as prisons already had separate sections for religious and ethnic minorities.79 Another “news release” on 27 June 2014, sees Tayler outlining an ISIS attack on Shia Turkmen, which illuminates the ‘long pattern of attacks by armed Sunni extremists on Turkmen and other minorities,’ including the Yazidis.80 Understanding the longevity of the attempted marginalisation of certain groups because of their religious affiliation in Iraq and Syria aids the reader’s understanding of the conflict, as one sees what practices of discrimination were already in place and which are unique to ISIS. In 2015, HRW put forward the following detailed explanation as to what has fuelled the conflict:

ISIL’s gains in Iraq were in large part enabled by former Prime Minister Nuri al-Maliki’s politics of exclusion, which fed a cycle of sectarian violence through discrimination and other human rights abuses directed at Sunnis. Armed groups and Iraqi security forces continue to commit abuses that fuel ISIL’s ongoing campaign of cruelty.81

77 “Iraq’s Minorities Left between Scorpions and a Hard place,” Human Rights Watch, Last modified June 24, 2014, https://www.hrw.org/news/2014/06/24/iraqs-minorities-left-between- scorpions-and-hard-place 78 Ibid. 79 “Iraq: ISIS Executed Hundreds of Prison Inmates,” Human Rights Watch, Last modified October 30, 2014, https://www.hrw.org/news/2014/10/30/iraq-isis-executed-hundreds-prison- inmates 80 “Iraq: ISIS Kidnaps Shia Turkmen, Destroys Shrines,” Human Rights Watch, Last modified June 27, 2014, https://www.hrw.org/news/2014/06/27/iraq-isis-kidnaps-shia- turkmen-destroys-shrines 81 “UN Human Rights Council: Interactive Dialogue on High Commissioner’s report on the human rights situation in Iraq,” Human Rights Watch, Last modified March 25, 2015, https://www.hrw.org/news/2015/03/25/un-human-rights-council-interactive-dialogue-high- commissioners-report-human-rights

24 Samer Miscati, a Senior Researcher for HRW’s Women’s Rights Division at the time, partially attributes the violence to the US-led invasion of Iraq in 2003, as ‘violent attacks against Yezidis by Sunni Arab extremists escalated after’ this.82

ISIS’ perception of the Yazidis The sentiment of the previous section is reiterated, by both AI and HRW, that the persecution of minorities in this area of the world is not novel, with the reference to the Yazidis as “devil-worshippers,” being an established tool for degradation. Linguistics are an important aspect to ISIS’ strategy, as it aims to engrain in the minds of those that consume their content that the Yazidis are not only inferior to them, but in direct conflict with their religious beliefs. The conviction that the group worships the devil is due to the Yazidis practicing ‘a 4,000-year-old religion that centers on the Peacock Angel.’83 The NGOs frequently write about ISIS’ perception of the Yazidis religion and its followers. AI and HRW began their reporting on the conflict in 2014, triggered by the attack carried out by ISIS on in a village in northern Syria, al-Tleiliye in the al Hassake governorate on 29 May 2014. Eyewitnesses that spoke to AI identified ISIS as the perpetrators, ‘because of the attire and behaviour of the perpetrators and the flag they were carrying.’84 The attire the eyewitnesses speak of is all black clothing and ISIS’ personal flag. This picture of ISIS is repeated throughout the articles from both NGOs. AI released the article on 5 June 2014; HRW reported the same incident on 14 June 2014. One can glean that the disparity in the dates of the reporting is due to AI’s physical proximity to the event. HRW cited AI as the source from which they garnered this information and therefore the two NGOs provided the same explanation as to why 15 civilians were shot dead by ISIS on 29 May 2014.85 The victims were from Arab farming families. However, the violence took place not because of the families’ ethnicity, but due to ‘perceived support of a

82 “Interview: These Yezidi Girls Escaped ISIS. Now What?” Human Rights Watch, Last modified April 15, 2015, https://www.hrw.org/news/2015/04/15/interview-these-yezidi-girls- escaped-isis-now-what 83 “Iraq: ISIS Abducting, Killing, Expelling Minorities.” Human Rights Watch. 84 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/ 85 “Syria: ISIS Summarily Killed Civilians,” Human Rights Watch, Last modified June 14, 2014, https://www.hrw.org/news/2014/06/14/syria-isis-summarily-killed-civilians

25 Kurdish armed group, the YPG (People’s Protection Unit) or because they were mistaken for Yezidi Kurds,’ who are regarded as infidels.86 The AI “News” item provides a basic description of why ISIS would mistakenly target a group they believe to be Yazidis. Amnesty’s usual explanation was that the Yazidis are a Kurdish ethnic minority in Syria with a ‘monotheistic religion linked to Zoroastrianism.’87 According to AI, they ‘feel at high risk of being targeted on the basis of their religious beliefs by ISIS and other armed groups.’88 AI gathered this information from interviews with Kurdish Yazidis, in the months prior to June 2014. Mosul, the second largest city in Iraq, fell to ISIS on 10 June 2014 after fighting between ISIS and Shia fighters. It was a significant event and both NGOs reported on it. Tayler’s article published on 24 June 2014 reports that Mosul fell on 10 June to ISIS, two weeks prior to the report.89 HRW’s “News Release” written from Duhok on July 19, 2014 established that ISIS formed in April 2013, and that they were capturing land in Syria and Iraq, to establish a ‘caliphate.’90 This is the only instance that ISIS’ establishment is referenced and the concept of a caliphate in both of the NGOs’ archives. AI does not report on Mosul falling until 7 July, which contrasts to its reporting on the civilian deaths in al-Tleiliye.91 The article does not focus on why ISIS desire geographical gains, but one can infer that ISIS believes that by acquiring physical ground they can implement their vision of a world solely inhabited by Sunni Muslims. A vivid example of ISIS’ contempt for the Yazidis was evident in AI’s publishing on 1 July 2014. The report referred to a video published on 29 June 2014 by ISIS, entitled “The End of Sykes-Picot,” where the men use the term “devil worshippers.”92 Thus AI includes information not only from victims and witnesses,

86 “Children among 15 civilians summarily killed in northern Syria.” Amnesty International. 87 Ibid. 88 Ibid. 89 “Iraq’s Minorities Left between Scorpions and a Hard place.” Human Rights Watch. 90 “Iraq: ISIS Abducting, Killing, Expelling Minorities.” Human Rights Watch. 91 “The plight of Iraq’s civilian population,” Amnesty International, Last modified July 7, 2014, https://www.amnesty.org/en/latest/campaigns/2014/07/the-plight-of-iraqs-civilian- population/ 92 “Iraq: Yezidis captured by ISIS amid mounting sectarian attacks,” Amnesty International, Last modified July 1, 2014, https://www.amnesty.org/en/latest/news/2014/07/iraq-yezidis- captured-isis-amid-mounting-sectarian-attacks/

26 but the perpetrators too. It is essential to include the perpetrators, by any means available, as their reasons for persecution are integral to understanding the conflict. Again, a video by ISIS is referenced, in which they refer to their Yazidi hostages as “devil worshippers.”93 Moreover, Rovera explains that the specific minority groups ‘Assyrian Christians, Turkmen Shi’a, Shabak Shi’a, members of the Yezidi faith, Kakai and Sabean Mandaeans,’ as well as Arabs and Sunni Muslims known or believed to oppose IS have also been targeted in apparent reprisal attacks.’94 On a separate, albeit an important note, Rovera spoke of ‘Muslims’ description for the Yazidis, “devil worshippers.”95 A more clear distinction should be made between Muslims and ISIS.

Conversion of Males Rovera wrote a piece on 20 August 2014, referring to the beginning of the month, whereby ISIS ‘turned on the Yezidi minority, whom they consider “devil worshippers”, demanding they “convert” or face death.’96 This clarifies a reason for the conflict: ISIS’ desire for a world where Islam is the only religion. HRW interviewed two boys aged 16 and 19 after they were released from being kidnapped. Their responses highlighted ISIS’ belief that their work is for the greater good. ISIS fighters had told the boys ‘“Do not call us Da’ash,” using the Iraqi acronym for ISIS, which Iraqis consider pejorative: They said, “We are mujahideen [warriors defending Islam], we are here to protect your country and your home.”’97 The purpose of taking the boys had been to convert them to Islam, but they also were taught how to fight for ISIS. Thus in 2014, ISIS did not have a blanket policy to kill. At that stage, they still viewed the Yazidis as able to convert and become part of their religion.

93 “The plight of Iraq’s civilian population.” Amnesty International. 94 “Gruesome evidence of ethnic cleansing in northern Iraq as Islamic States moves to wipes out minorities,” Amnesty International, Last modified September 2, 2014, https://www.amnesty.org/en/latest/news/2014/09/gruesome-evidence-ethnic-cleansing- northern-iraq-islamic-state-moves-wipe-out-minorities/ 95 “Iraqis displaced by ISIS attacks in Sinjar ‘desperate’ for aid.” Amnesty International. 96 “Escape from Sinjar Mountain, but what next?” Amnesty International, Last modified August 20, 2014, https://www.amnesty.org/en/latest/news/2014/08/escape-from-sinjar- mountain-but-what-next/ 97 “Iraq: Forced Marriage, Conversion for Yezidis,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2014/10/11/iraq-forced-marriage-conversion- yezidis

27 AI and HRW continued to look at conversion and child soldiers in their reports from 2015 to 2017, however their reporting fits into chapter four, where this becomes a ramification of the conflict, rather than an explanation for it.

Enslavement of Females Female exploitation is another component to the conflict with an alleged justification being provided by manipulation of religious text. ISIS provides an explanation, in an article published on their online English-magazine Dabiq, for why this is allowed in the realms of Islam. Tayler wrote a “Commentary” piece that was last modified on 25 November 2014. It looks at the magazine, which ‘targets potential recruits in countries such as the UK, the US and Australia.’98 Tayler states that the magazine on 11 October 2014 ‘endorsed sexual slavery.’99 The magazine argues that taking minority women, more specifically the Yazidis, ‘as concubines is a firmly established aspect of sharia [Islamic law],’ and if one questions this assertion one is ‘weak-minded and weak-hearted,’ and ‘apostatising from Islam.’100 Miscati also argues that ISIS leaders employ religion as a tool to exploit Yazidi women. Miscati gleans this from a document issued by ISIS’ Research and Fatwa Department. The document refers to ISIS’ ‘extreme interpretation of Islamic law, saying it permits sex with non-Muslim “slaves”—including young girls who have yet to reach puberty—as long as they are “fit” for intercourse.’101 It also ‘refers to female slaves as property, thus sanctioning their sale and disciplinary beating. Former captives told me [Miscati] that Islamic State fighters had sold girls and women to one another for as much as $2,000.’102 Roth wrote about sexual slavery in September 2015, prompted by ISIS’ publication of a pamphlet posted on a pro-ISIS twitter account. It contained justifications for abuse of non-Muslim women and girls using a question-and-

98 “The silence over Islamic State’s abuse of women,” Human Rights Watch, Last modified November 25, 2014, https://www.hrw.org/news/2014/11/25/silence-over-islamic-states-abuse- women 99 Ibid. 100 Ibid. 101 “Raped by ISIS and Trying to Face the Future,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/raped-isis-and-trying-face-future 102 Ibid.

28 answer format.103 Roth concludes that ‘in the minds of its authors, this is not a lawless document. It sets forth an interpretation of sharia, or Islamic law, albeit an extreme one. Far from pure licentiousness, it is filled with legal constraints.’104 These pieces reinforce the extent to which members of ISIS view Yazidis as “infidels” and the different ways ISIS pursues their dreams of a caliphate. It also provides an insight into why ISIS fighters believe this type of conduct is appropriate. HRW reported in 2015 that ISIS had instituted ‘a female “Khansa,” or morality, department to enforce morality codes among women of Mosul.’105 AI also addressed female exploitation, but not in an attempt to explain the emergence of the genocide, thus it is explored in chapters four and five.

Conclusions Various HRW employees provided explanations that were far more thorough than Amnesty’s. After looking at the past, in reports by both NGOs, one is brought to the present, whereby ISIS is acting as perpetrator of genocide. However, it is interesting to note that a wish to understand what drives the perpetrators is not clear in AI’s articles. One must infer from the information why ISIS fighters are forcing men to convert and enslaving women. Overall, their base approach to research is similar, however HRW went into more details. These disparities could be due to HRW having 230 more employees than AI and therefore more members of staff work on one topic. Having read all articles between 2014 and 2017 there are certainly more people writing HRW’s articles on the Yazidis. 17 employees are cited in HRW’s reports, whereas AI had eight members of staff contributing.

103 “Slavery: The ISIS Rules,” Human Rights Watch, Last modified September 5, 2015, https://www.hrw.org/news/2015/09/05/slavery-isis-rules 104 Ibid. 105 “Events of 2015,” Human Rights Watch, Last modified December 22, 2015, https://www.hrw.org/world-report/2016/country-chapters/iraq

29 III Displacement and Forced Confinement

‘“We can’t leave. ISIS will catch us and kill us if we do. For god’s sake, please help us.”’106 A man trapped in the village of Kocho.

Introduction In this chapter, the major and universal ramification of conflict, displacement is analysed, insofar as who is being displaced, who is causing said displacement, and where those displaced subsequently settle. Our attention then turns to the capturing of Yazidi men, women, and children. The conditions in which they are kept in and the ways the captives are treated are illuminated. Some captives managed to escape, and thus we touch upon life post confinement. This chapter will also highlight the differing explanations offered by the NGOs as to why men, boys, and females were placed in forced confinement.

Displacement After observing AI and HRW’s displacement calculations it is clear civilians as a single entity are affected. However, the NGOs repeatedly made reference to Yazidis forming the majority of those displaced. The specific locations mentioned by AI and HRW were Kocho, a village on the south side of the Sinjar Mountain, as well as the Sinjar Mountain itself; a Yezidi village south of Dohuk, the capital of Dohuk Governorate in Iraqi Kurdistan; al-Taliliya near Ras al-‘Ayn in Syria; Rabia, an Iraqi town on the Syrian border; Hamdaniyah, Sinjar and other parts of the Nineveh Plains and Mosul and Bashiqa in northern Iraq. Yazidis were the majority of inhabitants in these places prior to the entrance of ISIS fighters. It appears that the human rights advocates divided the issue of displacement in two, to best achieve their aims. Firstly, whose actions were causing displacement; and secondly, who was taking the refugees in? Interviews with those that fled were utilised by the NGOs to understand who was making areas

106 “Humanitarian efforts failings the hundreds of thousands forced to flee ethnic cleansing in northern Iraq,” Amnesty International, Last modified August 12, 2014, https://www.amnesty.org/en/latest/news/2014/08/iraq-mass-displacement-northern-iraq/

30 uninhabitable. ISIS was a constant in the articles, due to their repeated entry in different areas. AI reported that ‘most Yezidi Kurds fled the area [Syria] in 2013 after ISIS took control.’107 HRW emphasized the extent of ISIS’ responsibility for the displacement in an article in December 2016. It explains that before ISIS entered Sinjar in August 2014, 360,000 Yazidis resided there. However, ‘the ISIS attacks displaced at least 90 percent of the Yezidi population from Sinjar’ with more than ‘180,000 displaced Yezidis in camps in the Kurdistan Region of Iraq,’ with only a small portion of Yazidis returning to their homes.108 The US-led coalition is also said to cause displacement, due to its use of bombs, which the coalition argued are used to stop the conflict. (The coalition formed as a result of ISIS’ actions, and will be more fully addressed in chapter six.) Additionally, HRW wrote in 2017 about the Iraqi government causing displacement, as they attempted to gain Mosul from ISIS. At the time of writing, September 2017, this operation was entering its third month and ‘the number of people displaced by the fighting is approaching 130,000, and the many camps housing these families are reaching capacity.’109 Nisha Varia, Advocacy Director for the Women’s Rights Division, succinctly summarises the reasons for displacement: civilians ‘live in fear of airstrikes by United States-led coalition and Iraqi government forces. Those interviewed said the combination of food shortages, fear of airstrikes, and abuse by ISIS led them to flee.’110 As said, the articles also focused on who will accept those displaced. The articles look at the Kurdistan region (KRI), the Hungarian-Serbian border and Germany. In December 2014, AI believed that since January 2014 over two million Iraqis were forced to migrate, with the Kurdistan region hosting ‘48 per cent of the

107 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/ 108 “Iraq: KRG Restrictions Harms Yezidi Recovery,” Human Rights Watch, Last modified December 4, 2016, https://www.hrw.org/news/2016/12/04/iraq-krg-restrictions-harm-yezidi- recovery 109 “Kurdish Officials Shut Down Group Aiding Yezidis,” Human Rights Watch, Last modified January 3, 2017, https://www.hrw.org/news/2017/01/03/kurdish-officials-shut-down- group-aiding-yezidis 110 “Iraq: Women Suffer Under ISIS,” Human Rights Watch, Last modified April 5, 2016, https://www.hrw.org/news/2016/04/05/iraq-women-suffer-under-isis

31 total displaced population, an estimated 946,266 individuals.’111 The NGOs isolated three specific surges of internal displacement caused by military advances executed by ISIS forces. The first surge is explained as occurring because ISIS gained ‘parts of the Anbar governorate in December 2013-January 2014.’112 The second surge of displacement was in June and July 2014, when ISIS captured swathes of land in northern Iraq, such as Mosul. The third surge was induced on 3 August 2014, as ISIS successfully took over the Sinjar area, which ‘displaced hundreds of thousands of residents.’113 AI estimated, in 2014, that ‘with a population of around 5 million, the Kurdistan region has been hosting around 230,000 Syrian refugees in addition to the IDPs.’114 Francesca Pizzutelli, a Researcher and Advisor on Refugee and Migrants’ Rights at AI, increased this estimate in February 2015. She argued 950,000 of the 2 million Iraqis displaced in 2014 were in the KRI, with most of them being Yazidi and from the Sinjar region. Pizzutelli provided a vivid comparison: ‘the region has seen an influx of people equivalent to almost a fifth of its population – it would be like Scotland suddenly receiving a million people from England and Wales.’115 Pizzutelli isolated the number of children (6-17 years of age) displaced in the Kurdistan region as ‘252,000.’116 In September and October 2014 HRW ‘interviewed 76 displaced Yezidis in the cities of Duhok, Zakho, and Erbil and surrounding areas in Iraqi Kurdistan’ to gain insights into the conflict.117 The majority of those went to Iraqi Kurdistan, according to the UN and regional officials.118 Joe Stork, a Deputy Director for the

111 “Iraq: Dire winter conditions expose shocking gaps in humanitarian assistance for thousands displaced,” Amnesty International, Last modified December 19, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq-dire-winter-conditions-expose- shocking-gaps-humanitarian-assistance-thousands-displaced/ 112 Ibid. 113 Ibid. 114 Ibid. 115 “A harsh winter for hundreds of thousands of displaced in Kurdistan Region of Iraq,” Amnesty International, Last modified February 2, 2015, https://www.amnesty.org/en/latest/campaigns/2015/02/a-harsh-winter-for-hundreds-of- thousands-displaced-in-kurdistan-region-of-iraq/ 116 “Iraq: Dire winter conditions expose shocking gaps in humanitarian assistance for thousands displaced.” Amnesty International. 117 “Iraq: Forced Marriage, Conversion for Yezidis,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2014/10/11/iraq-forced-marriage-conversion- yezidis 118 Ibid.

32 Middle East and North Africa Division of HRW, wrote about the influx of refugees to the KRI too. He dedicated an article to a Yezidi village south of Dohuk that he visited. Stork described it as ‘a magnet for 60,000 to 70,000 Yezidis fleeing’ ISIS.119 He writes, on 9 August 2014, of the lack of resources and places to stay, but more pertinently about the relentless fear the Yazidis feel day-to-day. His colleague saw the reality of this, as the next day the colleague ‘found only two families at the village – the rest, thousands of them, had fled overnight after ISIS seized control of nearby towns.’120 This continued, as ‘many more Yezidis – upwards of 150,000– fled Sunday morning from Sinjar and surrounding villages into rugged mountains a dozen or so kilometers to the north.’121 Stork spoke to Yazidis that ‘feared they could not count on protection from Kurdish peshmerga forces who control Iraqi Kurdistan,’ highlighting the lack of support this sect identified in 2014, and continue to feel.122 In 2016 HRW reported on both the Hungarian-Serbian border and Germany. The insightful article entitled “Pigs’ heads and propaganda: Hungary’s war on refugees” recounted the experience of Khatoon, a 48-year old Yazidi woman whose family members were killed or captured by ISIS. She had been waiting for a month ‘in the mud’ to file her application for asylum after fleeing from the atrocities to the Hungarian border.123 She asked Lydia Gall, a Researcher for HRW’s Eastern Europe and Western Balkans Division, ‘“what crime did we commit for 40 police officers to surround us? It’s like they think we are terrorists or criminals.”’124 Gall is in agreement with Khatoon’s assessment, as she recounts what she has witnessed since 2014: ‘abysmal conditions in camps, detention of children, abusive legal changes designed to deny asylum seekers access to protection, and brutal pushbacks at the Hungary-Serbia border.’125 Gall believes the ‘authorities are undoubtedly hoping the abuses will deter others.’126

119 “The Nightmare in Iraq,” Human Rights Watch, Last modified August 9, 2014, https://www.hrw.org/news/2014/08/09/nightmare-iraq 120 Ibid. 121 Ibid. 122 Ibid. 123 “Pigs’ heads and propaganda: Hungary’s war on refugees,” Human Rights Watch, Last modified August 26, 2016, https://www.hrw.org/news/2016/08/26/pigs-heads-and- propaganda-hungarys-war-refugees 124 Ibid. 125 Ibid. 126 Ibid.

33 The article on Germany recounts a different story, of Yazidis and ISIS fighters having being allowed into the country. HRW cites external sources for reporting an instance whereby ‘a Kurdish Yezidi woman who had been abused for four months in an ISIS camp in Iraq recognised one of her abusers in a market in Baden, Germany, and identified him to the police.’127 It is a fascinating and harrowing aspect of this conflict. Indeed, ‘diaspora communities play an important role in identifying suspects.’128 However, there is not scope in this thesis to fully explore the role of displaced people in criminal justice proceedings.

Forced Confinement In comparison to Amnesty, HRW provided more in-depth and consistent reporting on ISIS routinely capturing Yazidis since 2014, and thus dominate this section. Initially, a reason for the kidnapping was said to be a desire for ransoms. For example, on 13 June 2014, ISIS captured 28 Yazidis ‘during clashes outside Ba’aj, near Syria’s northwest border with Iraq,’ as well as other minorities.129 After twenty days they ‘began releasing 24 Yazidis in small groups over five days in exchange for a ransom payment totalling nearly US$1.2 million.’130 Activists, men that were released from capture, and four Yazidi community leaders relayed this information to HRW.131 Likewise, researchers from AI interviewed 18 females that had been abducted by ISIS and some of the women cited the provision of ransom as the reason for their release.132 AI did report important information, such as, ‘since 3 August [2014], when the armed group began its march to take control of the territory surrounding Sinjar, they have… abducted thousands.’133 AI was of the

127 Ibid. 128 “Q&A: First Cracks to Impunity in Syria, Iraq,” Human Rights Watch, Last modified October 20, 2016, https://www.hrw.org/news/2016/10/20/qa-first-cracks-impunity-syria-iraq 129 “Iraq: ISIS Abducting, Killing, Expelling Minorities,” Human Rights Watch, Last modified July 19, 2014, https://www.hrw.org/news/2014/07/19/iraq-isis-abducting-killing- expelling-minorities 130 Ibid. 131 Ibid. 132 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community,” Amnesty International, Last modified October 10, 2016, https://www.amnesty.org/en/latest/news/2016/10/iraq-yezidi-survivors-of-horrific-abuse-in-is- captivity-neglected-by-international-community/ 133 “Testimonies from Kocho: The village ISIS tried to wipe off the map,” Amnesty International, Last modified August 18, 2014,

34 belief that more women and children than men were being abducted, but did not explain this disparity. HRW reported that women and girls are separated from their families in order to let ISIS members marry and sexually exploit them, whereas boys are taken for the purpose of conversion.134 HRW were in direct communication with the abductees’ relatives to gain this information. In October 2014, HRW reported on the captives’ location, Syria and Iraq, where they were in ‘formal and makeshift detention facilities,’ and were subject to beatings and ridicule using derogatory names, such as “infidels” and “devil worshippers.”135 HRW investigators were told by escapees, and relatives of those still in captivity, that ISIS fighters varied in their rules regarding phones and contact with the outside world. Some captives were allowed to keep their phones and call relatives, while others ‘hid their phones and used them surreptitiously.’136 Additionally, some fighters gave captives phones to speak with their families.137 However, the provision of phones and the ability to leave via payment has not been cited since 2014. HRW used information from the UK-based Syrian Observatory for Human Rights in October 2016 to describe what was happening to Yazidi women during the Mosul military operations. They reported that ISIS ‘moved many of the women who were being held in Mosul to Syria.’138 However, a human rights worker tracking the movements of Yazidis held by ISIS informed Skye Wheeler, Researcher in the Women’s Rights Division at HRW that ‘at least 300 Yezidi women remain inside the city.’139 HRW also relied on and believed in the statistics provided by the UN in 2016. The figure of those captured was debated throughout the year. The conclusion on December 4, 2016 was that ‘before August 2014, Sinjar was home to 360,000 Yezidis,’ and ISIS ‘abducted an estimated 6,386’ men, women and

https://www.amnesty.org/en/latest/news/2014/08/testimonies-from-kocho-the-village-isis- tried-to-wipe-off-the-map/ 134 “Iraq: Forced Marriage, Conversion for Yezidis.” Human Rights Watch. 135 Ibid. 136 Ibid. 137 Ibid. 138 “What Will Happen to the Yezidi Sex Slaves in Mosul?” Human Rights Watch, Last modified October 31, 2016, https://www.hrw.org/news/2016/10/31/what-will-happen-yezidi- sex-slaves-mosul 139 Ibid.

35 children.140 In December they were not all still in captivity, as some managed to escape, whilst others were killed. In April of that year HRW reported that ‘small numbers of Yezidi women and girls continue to escape ISIS.’141 On 21 June 2016, Wheeler wrote about a UN panel reporting on ISIS crimes, which believed ISIS still had in detention ‘as many as 3,500 abducted people, mostly Yezidi women and children. Yezidi officials told me [Wheeler] they have counted some 1,500 women and girls who have escaped but think almost 2,000 women and girls are still in captivity.’142 As outlined by Wheeler, in April 2016, a portion of the women and girls have escaped captivity. This produces its own set of ramifications, predominantly pertaining to mental health. HRW reported in 2016 that ‘according to 11 government and non-governmental mental health care and psychosocial support providers, most Yezidi women who escaped ISIS abduction show signs of post- traumatic stress disorder and mental health conditions.’143 Thus, despite being “free” from ISIS these women are not “free” from their experiences. Miscati wrote in 2015 that ‘the nightmare continues’ for those that escape ISIS’ ‘iron grip.’144 Most of the women ‘live in the three predominantly Kurdish provinces in northern Iraq,’ with their lives plagued by memories of the trauma and some contemplate suicide.145 HRW carried out research in January and February 2015 in Dohuk. I interviewed 20 women and girls that escaped captivity, as well as evaluating ISIS’ statements and ascertained the need for ‘psychosocial support and other assistance.'146 HRW spoke to a local doctor that had examined 105 female escapees, ‘all of them exhibited signs of acute emotional distress. Many remain separated

140 “Iraq: KRG Restrictions Harms Yezidi Recovery,” Human Rights Watch, Last modified December 4, 2016, https://www.hrw.org/news/2016/12/04/iraq-krg-restrictions-harm-yezidi- recovery 141 “Iraq: Women Suffer Under ISIS.” Human Rights Watch. 142 “Why has the World Forgotten Islamic State’s Female Sex Slaves?” Human Rights Watch, Last modified April 14, 2016, https://www.hrw.org/news/2016/04/14/why-has-world- forgotten-islamic-states-female-sex-slaves 143 “Leave No One Behind,” Human Rights Watch, Last modified May 19, 2016, https://www.hrw.org/news/2016/05/19/leave-no-one-behind 144 “Raped by ISIS and Trying to Face the Future,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/raped-isis-and-trying-face-future 145 Ibid. 146 “Iraq: ISIS Escapees Describe Systematic Rape,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/iraq-isis-escapees-describe-systematic- rape

36 from relatives and sometimes their entire families, who were either killed by ISIS or remain in ISIS captivity.’147 A recurring theme in the articles was the lack of psychological help. Sari, a 30-year-old Yazidi woman, spoke to HRW about her ‘mental pain and trauma… But she’s not sure what could help her, or what is now available.’148 ISIS contribute towards this with their discriminatory policies, which limit ‘male doctors from touching, seeing, or being alone with female patients.’149 Indeed, ‘ISIS fighters and female ISIS “morality police” hit, bit, or poked women with metal prongs to keep them in line, making them afraid to try to get services they needed.’150 The US-led airstrikes that hit health and education facilities in areas where ISIS fighters reside also ‘made women afraid to use these facilities.’151 The areas not controlled by ISIS were initially overwhelmed by the needs of these women. However, some progress reportedly has been made. For example, a survivor centre ‘staffed by two psychologists’ opened in Dohuk in 2016.152 (These developments will be explored in more detail in later chapters.) Women and girls that found themselves in the Kurdish region of Iraq also faced inadequate access to vital services, as outlined by HRW in 2016.153 Additionally, after AI spoke to 18 females that were no longer held by ISIS ‘during a visit to the semi-autonomous Kurdish Region of Iraq in August 2016.’154 Its conclusion became that ‘the suffering of survivors is compounded by their current destitute living conditions, their grief for relatives killed by IS and their fears for those who remain in captivity.’155 Wheeler wrote a particularly pertinent article, entitled “Yezidi Women After Slavery: Trauma,” which employs emotive language. Her use of personal pronouns highlights the extent to which this issue personally affected her and the helplessness sometimes felt by those that work in human rights focused NGOs.

147 Ibid. 148 “Yezidi Women After Slavery: Trauma,” Human Rights Watch, Last modified April 18, 2016, https://www.hrw.org/news/2016/04/18/yezidi-women-after-slavery-trauma 149 “Iraq: Women Suffer Under ISIS.” Human Rights Watch. 150 Ibid. 151 Ibid. 152 “Leave No One Behind.” Human Rights Watch. 153 “Iraq: Women Suffer Under ISIS.” Human Rights Watch. 154 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International. 155 Ibid.

37 The world has moved on. But the lives of those captured, even if they later escape, are still frozen in terrible memories. My colleagues and I hear many true horror stories in our line of work but my heart sinks whenever I see my Iraq notebooks full of harrowing details about what happened to the Yezidi women and girls. They escaped ISIS but what can help them now they’re back?156

The traumas the Yazidi women are put through will leave the readers of the reports contemplating what can ultimately help such a group.

Conclusions The aim of this chapter was to provide an understanding of displacement and forced confinement, guided by Amnesty and HRW’s reporting. Both NGOs repeatedly make reference to the majority of those affected by displacement as being Yazidis, thus showing an agreement that this group was disproportionately affected. Moreover, the two organisations look at who is causing displacement and who takes the refugees in. The reporting in 2014 followed the same format for both NGOs, in providing statistics of the numbers of those that have migrated, where they have fled from, as well as content from interactions with those refugees. HRW interacted with the topic of displacement more consistently, with AI’s attention to displaced civilians petering out post 2014. Amnesty wrote the same number of articles in three years that were written in 2014. In contrast in 2016, HRW wrote 28 articles on the Yazidis, the largest number written by either NGO. Forced confinement by ISIS is a further major consequence of the conflict. Yazidi men, women, and children have all been the subject to capture. HRW traced the use of confinement by ISIS more thoroughly than AI. In 2014, Amnesty paid attention to this aspect of the conflict in August and September; however from 2015 to 2017 the majority of this NGO’s focus was elsewhere. This was in stark contrast to the volume and depth produced by HRW.

156 “Yezidi Women After Slavery: Trauma.” Human Rights Watch.

38 Overall, despite these differences, the work of the organisations contributed to a historical record, and a large body of information that could be used in future legal proceedings.

39 IV Mass Killing of Adult Males, Enslavement and Rape of Females

The Islamic State’s ‘targeting of Yezidi women and girls is unique in its ferociousness.’157 Samer Miscati, HRW.

Introduction Yazidi adult males were unlawfully taken and killed, as they were seen as combatants. (Boys taken for the purpose of conversion to ISIS’ interpretation of Islam will be addressed in the next chapter.) Females of varying ages were subjected to a variety of hardships, solely because of their gender, and as we shall see, the content of the exploitation females are subject to is vast, including being forced to carry out domestic duties prescribed for women, forced marriage, and physical abuse that can culminate in death.

Mass Killing of Adult Males From the start, in 2014, summary executions by ISIS using guns were the focus of the reports. For example, Rovera wrote for AI with regard to Kocho, ‘a small village about 15km south of the town of Sinjar.’158 Rovera was not aware of the number of males killed, but gave useful insight into the methods employed by ISIS whereby they assemble civilians at a specific place, in this case a school, and then take away ‘groups of men and boys… 20-25 at a time’ to be shot.159 Both NGOs illuminate the unlawful nature of the killings and the utter lack of distinction by ISIS between civilians and combatants. They also make clear that they do not hold many facts about conflict, in comments such as AI’s in 2016 that

157 “Raped by ISIS and Trying to Face the Future,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/raped-isis-and-trying-face-future 158 “Testimonies from Kocho: The village ISIS tried to wipe off the map,” Amnesty International, Last modified August 18, 2014, https://www.amnesty.org/en/latest/news/2014/08/testimonies-from-kocho-the-village-isis- tried-to-wipe-off-the-map/ 159 “Iraq: KRG Restrictions Harms Yezidi Recovery,” Human Rights Watch, Last modified December 4, 2016, https://www.hrw.org/news/2016/12/04/iraq-krg-restrictions-harm-yezidi- recovery

40 the ‘fate of hundreds of abducted Yezidi men remains unknown and most are feared dead.’160 AI wrote comparatively less on the conflict, and as a consequence its coverage was not as thorough. Meanwhile, in 2015 and 2016, HRW focused on the discovery of mass graves, as this contributed to their understanding of the number of civilian deaths.161 Christopher Wilcke, a Senior Researcher in the Middle East and North Africa Division at HRW, visited multiple sites in northern Iraq. From one of the sites, west of Sunune, he described the difficulties in identifying the bodies. ISIS had confiscated people’s ID cards, and ‘animals scattered their bones.’162 Wilcke spoke to a boy whose father was missing. The boy ‘recognised a key that then opened the door to his house, but only painstaking DNA testing will show which of the bones gathered and taken to the Forensic Medicine center in Dohuk are his father’s.’163 This highlighted the long and painful process to discover what has happened to family members and friends. An article written on 19 May 2016, about gravesites in northern Iraq expanded understanding of who exactly ISIS were killing. Eyewitnesses and people who exhumed the sites provided information that led HRW to conclude that ‘at least three victims in different sites had disabilities.’164 ISIS would catch and then kill ‘elderly or sick Yezidis or those with disabilities, after they were apparently unable to flee attacks in time.’165 Sites were only accessed ‘after Kurdish forces recaptured the area from’ ISIS.166 More than AI, HRW also provided detailed estimates of numbers killed, such as on 4 December 2016, when it claimed that ‘before August 2014, Sinjar was home to 360,000 Yezidis. ISIS fighters have killed between 2,000 and 5,500 Yezidis since August 3, 2014.’167

160 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community,” Amnesty International, Last modified October 10, 2016, https://www.amnesty.org/en/latest/news/2016/10/iraq-yezidi-survivors-of-horrific-abuse-in-is- captivity-neglected-by-international-community/ 161 “Iraq: Protect Mass Graves,” Human Rights Watch, Last modified January 30, 2016, https://www.hrw.org/news/2016/01/30/iraq-protect-mass-graves 162 “Dispatches: Help Yezidi Survivors,” Human Rights Watch, Last modified August 4, 2015, https://www.hrw.org/news/2015/08/04/dispatches-help-yezidi-survivors 163 Ibid. 164 “Leave No One Behind,” Human Rights Watch, Last modified May 19, 2016, https://www.hrw.org/news/2016/05/19/leave-no-one-behind 165 Ibid. 166 Ibid. 167 “Iraq: KRG Restrictions Harms Yezidi Recovery,” Human Rights Watch.

41 The Enslavement and Rape of Females From 2014 to 2017, both NGOs were able to speak to Yazidi women formerly enslaved by ISIS. Additionally, interviews with ‘international and local service providers, medical workers, Kurdish officials, community leaders, and activists’ were conducted to corroborate the information.168 Transcripts from these interviews were utilised in a large proportion of their publications to reveal the plight of Yazidi women. Female first-hand accounts were hard to access, as the fear of reprisal by one’s own community for being sexually exploited by the enemy is rife. AI provided a succinct description, in 2016, of the women and girl’s abuse. Females ‘are often exchanged between fighters multiple times, raped, beaten or otherwise physically abused, deprived of food and other necessities, and forced to clean, cook and do other chores for their captors.’169 Anecdotal evidence is key to AI and HRW’s reporting. There is an emotional toll to digesting this information, as the interviews are vivid. The abuse does not appear to have abated over the four years, with HRW reporting in 2017 that, ISIS ‘continues to torture, rape, murder, and sexually enslave Yezidi women and children.’170 (And the UN released a commission of inquiry report in June 2016 that informed readers ISIS still held ‘about 3,200 Yezidi women and children, most of whom are in Syria.’171) HRW argued these are ‘war crimes and may amount to crimes against humanity, and possibly genocide.’172 Rovera believed this was the case, writing as early as 2014 that ‘IS fighters are using rape as a weapon in attacks amounting to war crimes and crimes against humanity.’173

168 “Iraq: ISIS Escapees Describe Systematic Rape,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/iraq-isis-escapees-describe-systematic- rape 169 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International. 170 “Iraq,” Human Rights Watch, Last modified January 12, 2017, https://www.hrw.org/world- report/2017/country-chapters/iraq 171 Ibid. 172 Ibid. 173 “Iraq: Yezidi women and girls face harrowing sexual violence,” Amnesty International, Last modified December 23, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq- yezidi-women-and-girls-face-harrowing-sexual-violence/

42 In 2015, HRW spoke to a doctor in Dohuk who said several of the women he was treating said ‘they had attempted suicide during their captivity or witnessed suicide attempts to avoid rape, forced marriage, or forced religious conversion.’174 The sheer number of these accounts is haunting. Tayler spoke to a woman called Seve, who provided a vivid account of the mistreatment by a man who told her he was called Zaid. He tried to take her by ‘force’ and threatened her with death when she resisted rape.175 She was imprisoned ‘with around 2,000 other Yazidi women and girls.’176 In 2015, Miscati visited Iraq to interview female Yazidis. He concluded that ISIS’ ‘targeting of Yezidi women and girls is unique in its ferociousness.’177 Remarkably, both NGOs report on ISIS documenting their crimes by taking photos and videos of the women they abuse. AI and HRW did not attach any of the photos to their articles, nor did they claim to have seen them. AI did not report on children who are a product of rape and the situation of children born under ISIS. HRW did so twice in 2016 and once in 2017. In 2016, HRW looked at a practical aspect of a newborn from a marriage that took place in Mosul or Raqqa. The children’s father may ‘have been one of thousands of foreign fighters who travelled to Iraq or Syria to wage jihad or simply a civilian forced to live under ISIS rule.’178 Some of these children do not have ‘any officially recognised identification papers,’ as ISIS who no longer controls Mosul and Raqqa documented the marriages.179 Moreover, ‘to make matters more complicated, odds are that your father is most likely dead, detained, or deployed at some unknown frontline.’180 Additionally, ‘as Western and allied forces advance on ISIS’ main urban areas, more and more children are in this situation or are about to face it.’181 For a perspective on the scale of this issue, HRW used statistics from a report in March 2016 by the Quilliam Foundation, a research organisation orientated around counter extremism. Based in London and funded by the British

174 “Iraq: ISIS Escapees Describe Systematic Rape.” Human Rights Watch. 175 “The silence over Islamic State’s abuse of women,” Human Rights Watch, Last modified November 25, 2014, https://www.hrw.org/news/2014/11/25/silence-over-islamic-states-abuse- women 176 Ibid. 177 “Raped by ISIS and Trying to Face the Future.” Human Rights Watch. 178 “Children of the Caliphate,” Human Rights Watch, Last modified November 23, 2016, https://www.hrw.org/news/2016/11/23/children-caliphate 179 Ibid. 180 Ibid. 181 Ibid.

43 government, more specifically by the government’s Preventing Violent Extremism Programme. The think tank was set up by Maajid Nawaaz, Ed Husain and Rashad Ali, all former members of the political Islamic group, Hizb ut-Tahrir. This report cited ‘an intelligence official who said that there were 31,000 pregnant women living under ISIS.’182 HRW urged that the situation should be paid more attention at once, before the number of stateless children without documents would increase. In January 2017, the “Iraq” chapter in HRW’s world report briefly addressed the situation for women who became pregnant in captivity. Some services, such as shelters and adoption, were provided for them.183 However, ‘safe and legal abortion services are not available. Iraqi law allows abortion only in cases of medical necessity such as a risk to a mother’s life but not in cases of rape.’184 It is a pertinent aspect of the conflict and that would benefit from being focused on more by the NGOs.

Conclusions A clear set of gender-specific policies has driven ISIS’ actions since 2014. Both NGOs make the unlawful nature of ISIS’ treatment of males and females very clear. By virtue of employing the same methods to convey the news on the killings of adult males, their reporting on the topic mirrors one another. Interviews with relatives and friends that lost loved ones appear, beside facts and figures delivered in a more clinical manner. Comparatively, the volume of information produced by HRW was greater. The volume of information provided by both AI and HRW in relation to female enslavement and rape is vast. It felt ethically challenging to condense into one section and it was done with the awareness that every woman’s story deserves to be heard. The archives of both AI and HRW provide these women with a voice. A clear difference stands out: children born from rape were exclusively raised as a concern by HRW. The number of these children will continue to grow the longer the conflict goes on. Their livelihoods are important and will be focused on more

182 Ibid. 183 “Iraq: Women Suffer Under ISIS,” Human Rights Watch, Last modified April 5, 2016, https://www.hrw.org/news/2016/04/05/iraq-women-suffer-under-isis 184 “Iraq.” Human Rights Watch.

44 so in years to come. As this is such a young conflict there are multiple pressing issues, which could explain why AI did not report on these children.

45 V Losses and Reprisals

‘We have lost our loved ones and we have lost our livelihoods.’185 Female cousin of Khader Alyas Qassim, 22, a Yazidi male killed on May 2.

Introduction Three specific types of other losses were identified and analysed by Amnesty and HRW: of livelihood, of children and of identity, to be discussed in this sequence. The final section of this chapter addresses reprisals against the actions of ISIS and, disturbingly, even against its female victims, carried out by the Yazidis, the Kurdish Regional Government (KRG,) and armed groups linked to the Kurdistan Workers’ Party, or PKK.

Loss of Livelihood AI and HRW both continuously wrote on the lack of resources until 2017, when the numbers of articles declined. This loss is a significant and devastating aspect of war for the Yazidis, particularly felt by women. At the beginning of the conflict ISIS employed various means to create a harsh environment for the Yazidis to live in. Initially, Yazidis as a gender-neutral group were specifically targeted by new rules, before the groups for persecution began to be defined by age and gender. After ISIS secured Mosul they ‘issued orders barring Yazidi… employees… from returning to their government jobs in Mosul.’186 HRW were informed of this by two regional government officials and a priest, and it published the article in July 2014.187 Amnesty wrote a vivid piece, “Don’t they know that winter is coming?” on 8 September 2014. Personal stories featured prominently, with lack of resources being salient in the minds of those they spoke to. For example, children did not

185 “Syria: ISIS Summarily Killed Civilians,” Human Rights Watch, Last modified June 14, 2014, https://www.hrw.org/news/2014/06/14/syria-isis-summarily-killed-civilians 186 “Iraq: ISIS Abducting, Killing, Expelling Minorities,” Human Rights Watch, Last modified July 19, 2014, https://www.hrw.org/news/2014/07/19/iraq-isis-abducting-killing- expelling-minorities 187 Ibid.

46 have shoes and adults asked AI to ‘take photos of the swollen, broken, hard skin on their feet, to show the world what they are experiencing.’188 The worsening of living conditions was directly a result of ISIS’ takeover. James Lynch and Francesca Pizzutelli, AI’s Refugee and Migrants’ Rights Researchers in northern Iraq, discovered the Yazidis’ livelihoods were under direct attack, with ISIS setting fire to crops that belonged to Yazidi Kurds189 Actions affecting a family’s livelihood escalated throughout the conflict. The death, detention or active combat status of the breadwinners within the family structure, often men, in Iraq and Syria, created a severe reduction in wealth for those left behind. Women had to take on the dual role of being sole earners, as well as caregivers. HRW made the important point in 2015 that ISIS ‘laws discriminate against women’s economic rights – by allowing unequal pay, for example – these multiple burdens can be overwhelming.’190 Therefore, even when they tried to enter the sphere normally inhabited by men, they will not be paid the same amount for the same job. Therefore, they cannot mirror the income their male counterpart made. Another pressure felt by the women, as explained by Amnesty in 2016, is that they ‘are left struggling to pay off huge debts – of up to tens of thousands of US dollars – after their family borrowed the money to pay for their release from captivity.’191 Additionally, ISIS fighters seize the men’s valuables before abducting them, further affecting their families left behind.192 Varia illuminated in the HRW World

188 “”Don’t they know that winter is coming?” Frustration and fear among Iraq’s displaced,” Amnesty International, Last modified September 8, 2014, https://www.amnesty.org/en/latest/campaigns/2014/09/don-t-they-know-that-winter-is- coming-frustration-and-fear-among-iraq-s-displaced/ 189 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/ 190 “Slavery: The ISIS Rules,” Human Rights Watch, Last modified September 5, 2015, https://www.hrw.org/news/2015/09/05/slavery-isis-rules 191 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community,” Amnesty International, Last modified October 10, 2016, https://www.amnesty.org/en/latest/news/2016/10/iraq-yezidi-survivors-of-horrific-abuse-in-is- captivity-neglected-by-international-community/ 192 “Testimonies from Kocho: The village ISIS tried to wipe off the map,” Amnesty International, Last modified August 18, 2014, https://www.amnesty.org/en/latest/news/2014/08/testimonies-from-kocho-the-village-isis- tried-to-wipe-off-the-map/

47 Report Chapter that families also face discrimination in ISIS-controlled areas by the Iraq government who ‘stopped sending civil service salaries… in mid-2015,’ which contributed to ‘intensified suffering from escalating food prices and cash shortages.’193

Loss of Childhood The plight of Yazidi children is important to look at, more specifically the loss of their childhoods. The following section outlines a select number of contributing factors. One aspect of losing one’s childhood is the inability to access education, a universal human right. This was the focus of several articles. In 2014 AI ran a story that estimated that 252,000 children between six and 17 were not only displaced in the Kurdistan region, but also were rarely able to access schooling in and outside of camps.194 Parents could not afford to pay for transport to get their children to schools outside of the education-free camps. Moreover, to ensure their survival, some families required their offspring to work. If the children were able to access an education, some ran into problems, with parents telling AI that ‘children who had previously studied the Arabic curriculum taught in the rest of Iraq were unable to follow the Kurdish curriculum.’195 A statistics oriented “commentary” piece by Fred Abrahams, an Associate Director at HRW, illuminates various problems associated with displacement. Schools are often used as shelter; families inhabited over 600 schools in 2014 in Iraq, because of the conflict.196 This has a knock-on effect for the ‘accommodating host communities,’ as their children are prevented for accessing an education.197 Hundreds of schools were not able to open on 10 September 2014, when they were due to. These problems continue to this day.

193 “Iraq: Women Suffer Under ISIS,” Human Rights Watch, Last modified April 5, 2016, https://www.hrw.org/news/2016/04/05/iraq-women-suffer-under-isis 194 “Iraq: Dire winter conditions expose shocking gaps in humanitarian assistance for thousands displaced,” Amnesty International, Last modified December 19, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq-dire-winter-conditions-expose- shocking-gaps-humanitarian-assistance-thousands-displaced/ 195 Ibid. 196 “From Schools to Shelters in Iraq,” Human Rights Watch, Last modified September 9, 2014, https://www.hrw.org/news/2014/09/09/schools-shelters-iraq 197 Ibid.

48 Additionally, Kondylia Gogou, AI’s Greece Researcher, saw the devastating effects the war has had on a generation by visiting the camps these children fought so hard to reach. Written in 2016, two years after ISIS began their persecution of the Yazidis, the article shows certain aspects of the hardships. A 13-year old Yazidi refugee, Maher, barely reached Greece after she was forced to flee her home. She told Gogou that she ‘“felt scared during our trip to Greece. The Turkish military fired at us. We were two hours in the water... I have not gone to school for two years. I miss school.”’198 Moreover, Gogou’s article examines the reaction of adults:

Many parents consider education to be one of the more painful losses that they have had to endure. Yusuf, a 47 year old tailor from Syria, lost his leg in Aleppo and struggles in a wheelchair at Nea Kavala camp. Despite this hardship, he said the most painful consequence of the war is that his sons have not been able to attend school for six years.199

Gogou argued that the children not being able to attend school ‘exacerbates the monotony of camp life and the children’s disillusionment at the terrible living conditions. It not only puts them at a standstill developmentally but more worryingly is contributing to mental health issues.’200 Meanwhile, girls that stayed in ISIS-controlled areas were fully banned from attending school.201 AI conducted a field investigation in 2016 that came to the conclusion that ‘the desperate plight of a generation of children is in the balance as the bloody battle for the city of Mosul threatens to become a humanitarian catastrophe,’ because of the fighting between IS and government forces (backed by US-led coalition.)202 Rovera went on a 17-day mission to northern Iraq, leading her to the conclusion that:

198 ““Learning is like a diamond” – but no diamond in the rough for child refugees in Greece,” Amnesty International, Last modified September 1, 2016, https://www.amnesty.org/en/latest/campaigns/2016/09/learning-is-like-a-diamond/ 199 Ibid. 200 Ibid. 201 “Iraq: Women Suffer Under ISIS.” Human Rights Watch. 202 “”Iraq: Children caught in the crossfire of the battle for Mosul suffer horrific injuries and trauma,” Amnesty International, Last modified December 22, 2016, https://www.amnesty.org/en/latest/news/2016/12/iraq-children-caught-in-the-crossfire-of-the- battle-for-mosul-suffer-horrific-injuries-and-trauma/

49 Children caught in the crossfire of the brutal battle for Mosul have seen things that no one, of any age, should ever see. I met children who have not only sustained horrific wounds but have also seen their relatives and neighbours decapitated in mortar strikes, torn to shreds by car bombs or mine explosions, or crushed under the rubble of their homes.203

The enslavement of girls for various purposes robbed them of their childhood, as early as December 2014, Rovera reported on underage girls being used as sex slaves, with some of them living alongside the men’s wives and children.204 She reported after speaking to over forty former captives in northern Iraq. In 2016, AI reported that ‘girls as young as nine were “sold” as sex slaves.’205 Varia wrote that child marriage both contributes to and is the product of leaving school early. It prevents the girls from accessing human rights that are vital to them. It affects their entire lives. She outlines other impacts of child marriage, namely ‘marital rape, heightened risk of domestic violence, poor access to decent work, exploitation doing unpaid labor, risk of HIV transmission, and a range of health problems due to early childbearing.’206 Adult females have also been subject to forced marriage, with Iraq’s Interior Ministry’s research concluding ‘that around a third of “marriage-age women” living in areas controlled by ISIS had wed members of the extremist group, many of whom were not actually from Iraq.’207 Therefore, these women may be forced to return to their new husband’s country and leave their families. Suicides occurred as a result of the sexual exploitation. Mothers spoke, to both AI and HRW, of being taken from their girls who told them they would kill themselves to not have to endure rape.208 A nineteen-year-old female’s brother

203 Ibid. 204 “Iraq: Yezidi women and girls face harrowing sexual violence,” Amnesty International, Last modified December 23, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq- yezidi-women-and-girls-face-harrowing-sexual-violence/ 205 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International. 206 “Ending Child Marriage,” Human Rights Watch, Last modified January 5, 2016, https://www.hrw.org/world-report/2016/ending-child-marriage 207 “Children of the Caliphate,” Human Rights Watch, Last modified November 23, 2016, https://www.hrw.org/news/2016/11/23/children-caliphate 208 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International.

50 spoke of her suicide to Amnesty. She was held in Mosul, in a room with 20 other females, two of those being 10 and 12. A girl released from the same room as her attributed her death to the fear of rape, saying, ‘“one day we were given clothes that looked like dance costumes and were told to bathe and wear those clothes. She was very beautiful; I think she knew she was going to be taken away by a man.”’209 She subsequently went to the bathroom, slit her wrists and hung herself.210 This story is just one of many provided by the NGOs boontje 30/10/17 14:02 Comment: Is the addition correct? Loss of Identity The erosion of identity appears to be a key ISIS aim, so as to produce a caliphate and destroy the Yazidis as a people. AI published a report in 2014 entitled “Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq.” It detailed ISIS carrying out the physical destruction of places of worship as part of their ethnic cleansing policy. It reiterates their ‘message to ethnic and religious minorities that there is no place for them in Iraq.’211 An article by AI written on 2 September 2014, claimed that ‘since taking control of Mosul on 10 June, IS militants have also systematically destroyed and damaged places of worship of non-Sunni Muslim communities,’ including those used by the Yazidis, which interestingly do not have a specific building for their religion like a mosque or a synagogue.212 Additionally, in 2014, HRW were informed by two journalists and an activist that ISIS were inhibiting people’s ability to practice their chosen religion in Tal Afar, a city and district in the Nineveh Governorate of north-western Iraq. The suppression of one’s chosen religious contributes to the suppression of one’s identity. Moreover, ISIS reportedly pursues a less tangible destruction of the Yazidi faith through conversion. Men and boys were ‘are taken for the purpose of

209 “Iraq: Yezidi women and girls face harrowing sexual violence.” Amnesty International. 210 Ibid. 211 Amnesty International, Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq by Amnesty International Ltd, 2014, 22. 212 “Gruesome evidence of ethnic cleansing in northern Iraq as Islamic States moves to wipes out minorities,” Amnesty International, Last modified September 2, 2014, https://www.amnesty.org/en/latest/news/2014/09/gruesome-evidence-ethnic-cleansing- northern-iraq-islamic-state-moves-wipe-out-minorities/

51 conversion.’213 A video that circulated on social media in August 2014, AI stated, showed Yazidi men who were captured on 3 August 2014 converting to Islam. The IS commander is filmed telling the men they will die if they do not convert.214 One Yazidi told AI on 30 August 2014,

We are in a very difficult situation. We agreed to convert because we thought this would solve our problem but the pressure on us is increasing. We are under surveillance and cannot leave. We cannot just try to leave on our own; we are scared of what could happen to us. Can someone come to get us out of here? It is too dangerous for us here. We need help please.215

Interestingly, this situation contrasted with an earlier case told to AI. In June 2014, a group of Yazidi men in the Sinjar region, the majority of them members of the Iraqi security forces, were captured by IS and pressured into converting to Islam. On this occasion, the men were released when a ransom was paid. However, such release does not appear to be the norm, as those that were able to speak to their loved ones in 2014 ‘reported consistent pressures on them by their captors to convert to Islam. The pressures have ranged from promises of freedom to threats that they will be killed if they do not convert.’216 Over time, fewer men are being taken for conversion, as ISIS believed a more severe approach is necessary to wholly eradicate the Yazidis, as the religion is too ingrained in people that are older. However, forcible transfer from one group to another has been a constant for boys. Women were still reporting that their male children were being taken from them in 2016 for the purpose of indoctrination. HRW were told stories of ISIS ‘forcing them [boys] to pray or take Islamic names’.217 AI wrote in 2014 about ‘hundreds and possibly thousands of Yezidi women and girls who were forcibly married, “sold” or used as “gifts” to IS fighters and

213 “Iraq: Forced Marriage, Conversion for Yezidis,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2014/10/11/iraq-forced-marriage-conversion- yezidis 214 Amnesty International. Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq. 22. 215 Ibid. 216 Ibid. 217 “Iraq: Women Suffer Under ISIS.” Human Rights Watch.

52 their supporters.’218 HRW wrote about the same occurrences. In all this abuse has been a frequent feature in reporting by both NGOs. Tayler found in 2014 that mass marriage ceremonies are a common occurrence.219 In 2016, Varia published a piece on the need to end child marriage. Here she talked about a girl who was ‘taken to a wedding hall with 60 girls and women where ISIS fighters told them to “forget about your relatives, from now on you will marry us, bear our children.”’220 AI spoke to a 20-year-old from Sinjar city, she was abducted on 3 August 2014 and AI published the interview in 2016. She ‘described how fighters forced her and the other girls and women in Mosul to remove their clothes and “pose” for photographs before “selling” them on.’221 The women are often sold multiple times, as discovered by HRW when they interviewed fifteen escapees in January 2016. Those ‘who were held for longer than a year said they were bought and sold multiple times by different ISIS members.’222 Three of the women had four different owners while in captivity, and were raped by most of them. Further contributing to the destruction of the Yazidi community’s culture is that forced conversion is a prominent aspect of these women’s lives when they are forced into the instances outlined above. On 10 October 2016, AI clearly described the long-term impact ISIS may have if they should remain in control for a long period of time. Its desired aim, pursued since 2014, is for the Yazidis to no longer be a group. The women and girls that are freed or escape from captivity return to a ‘stigma,’ which has an ‘impact on marriage prospects.’223 Therefore, if Yazidi men and women are not marrying, there will be a drop in births, which overtime will work towards the eradication of the group.

218 “Iraq: Yezidi women and girls face harrowing sexual violence.” Amnesty International. 219 “The silence over Islamic State’s abuse of women,” Human Rights Watch, Last modified November 25, 2014, https://www.hrw.org/news/2014/11/25/silence-over-islamic-states-abuse- women 220 “Ending Child Marriage.” Human Rights Watch. 221 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International. 222 “Leave No One Behind,” Human Rights Watch, Last modified May 19, 2016, https://www.hrw.org/news/2016/05/19/leave-no-one-behind 223 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International.

53 AI also referred to ISIS imposing ‘stringent rules on every aspect of life for the population,’ as soon as they gain control.224 For example, smoking is banned; women must be covered and only leave the house with a male relative and when necessary. These changes may appear small in comparison to summary executions. However, they all contribute to a specific, harsh way of life imposed on the Yazidi survivors. Information like this is vital to our understanding of how ISIS creates a monoculture.

Reprisals In 2014, AI’s report, “Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq”, foresaw reprisals. AI’s field investigations produced the conclusions that IS’ program of ethnic cleansing, was ‘not only destroying lives, but also causing irreparable damage to the fabric of Iraq’s society, and fuelling inter-ethnic, sectarian and inter-religious tensions in the region and beyond.’225 This prediction has been realised in the form of the conflict persisting to this day with revenge attacks and new conflicts erupting. Yazidi militias were formed, with AI reporting on 10 June 2015 of a revenge attack on 25 January 2015. Two Arab villages (Jiri and Sibaya) were attacked, with 21 residents being killed, along with looting and homes being burnt. The report claimed that ‘forty others were abducted – 17 of whom are still missing.’226 The KRG did not investigate the attack; they simply put in place Peshmerga forces ‘to keep Yezidi and Arab communities separate to prevent further attacks.’227 However, residents stated the forces were present on 25 January 2015 but ‘did not try to stop’ the abuse.228 AI were told by a father from Jiri that his two sons, aged 15 and 20,

224 “A deadly spiral of sectarian violence – a year on from IS onslaught on Iraq,” Amnesty International, Last modified June 10, 2015, Last modified June 10, 2015, https://www.amnesty.org/en/latest/news/2015/06/a-deadly-spiral-of-sectarian-violence-a-year- on-from-is-onslaught-on-iraq/ 225 Amnesty International. Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq. 14. 226 “A deadly spiral of sectarian violence – a year on from IS onslaught on Iraq.” Amnesty International. 227 Ibid. 228 “Kurdistan Region of Iraq: Investigate death of Yazidi protestor,” Amnesty International, Last modified April 5, 2017, https://www.amnesty.org/en/documents/mde14/6020/2017/en/

54 ‘were shot dead and their bodies dumped in a nearby Yezidi village.’229 Rovera expressed discomfort at a community in such pain now committing crimes like the one outlined by the father: these were ‘misguided attempts to take justice into their own hands and take revenge on entire communities have only brought more tragedy and suffering on civilians.’230 AI’s sole report on reprisals, in the months from 2017 studied for this thesis, was a public statement that pertained to a protest on 14 March 2014. It advocated for a ‘prompt, impartial investigation into the killing of 21-year-old Nazeh Nayef Qawal.’231 She was a Yazidi woman that was killed ‘during a violent dispersal of protesters, at a checkpoint between Khanasor and Snuny, north of Sinjar Mountain, in north-west Iraq.’232 The protest highlighted the ongoing nature of the conflict and the lack of progress that has made to end the tensions. Reports regarding the actions of the Peshmerga forces from the KRG and Kurdish militias were released in January 2016. They had ‘bulldozed, blown up and burned down thousands of homes in an apparent effort to uproot Arab communities in revenge for their perceived support’ for ISIS.233 In 2016 a variety of groups reportedly began retaliating against ISIS’ domination in their country, by employing the same means as ISIS. Mosul fell to ISIS in June 2014 and two years later the world saw coordinated action in the form of a military operation. On 17 October 2016 the Iraqi central government and the KRG, supported by an international coalition, began their campaign to secure the territory as their own.234 Belkis Wille, a Senior Iraq Researcher for HRW, wrote in 2016 about the potential ramifications of the fight against ISIS. Wille believed that ‘there is a strong possibility that the battle for

229 “A deadly spiral of sectarian violence – a year on from IS onslaught on Iraq.” Amnesty International. 230 “Kurdistan Region of Iraq: Investigate death of Yazidi protestor.” Amnesty International. 231 Ibid. 232 Ibid. 233 “Northern Iraq: Satellite images back up evidence of deliberate mass destruction in Peshmerge-controlled Arab villages,” Amnesty International, Last modified January 20, 2016, https://www.amnesty.org/en/latest/news/2016/01/northern-iraq-satellite-images-back- up-evidence-of-deliberate-mass-destruction-in-peshmerga-controlled-arab-villages/ 234 “What Will Happen to the Yezidi Sex Slaves in Mosul?” Human Rights Watch, Last modified October 31, 2016, https://www.hrw.org/news/2016/10/31/what-will-happen-yezidi- sex-slaves-mosul

55 Mosul will be long,’ as she predicted much resistance from ISIS.235 In March 2017, whilst not writing their own article on Yazidis their daily brief, which collates the important human rights abuses of the day into one article using links to articles via an imbedded tweet, provided a link to a Washington Post article.236 It outlines new conflicts the minority group are facing with the Kurdish Peshmerga forces. This highlights the extent to which the conflict has developed. The Yazidis are once again being displaced, but by a new force. HRW has written repeatedly in 2016 and 2017, in various guises, about a by- product of forces rising up against ISIS. Armed groups in connection with the PKK have enlisted children as soldiers in the fight against ISIS.237 HRW used articles, tweets and “daily briefs” to illuminate this aspect of reprisal, with one bi- line of a tweet reading:

Iraq's Kurdistan Workers' Party is recruiting child soldiers in the fight against the Islamic State (ISIS). When they return from fighting, many who fought no longer have job or education prospects. The Yazidis and the Kurds have suffered appalling persecution under ISIS in Iraq. But the response should not be for armed groups to commit their own abuses by using child soldiers.238

Indeed, the use of children under the age of 15 as soldiers is a war crime. Zama Neff, Executive Director of the Children’s Rights Division of HRW, elucidated the ramifications of the conscription of children: it was ‘exacerbating their hardships, not ameliorating them.’239 Neff interviewed Yazidis in Sinjar and found that those ‘repeatedly and spontaneously compared the Kurdish group with

235 “About Our Research,” Human Rights Watch, Last modified n.d. https://www.hrw.org/about-our-research 236 “ISIS Booby Traps Mass Grave; South Sudan Famine; Syria School Strike: HRW Daily Brief,” Human Rights Watch, Last modified March 22, 2017, https://www.hrw.org/the-day- in-human-rights/2017/03/22 237 “Iraq: Armed Groups Using Child Soldiers,” Human Rights Watch, Last modified December 22, 2016, https://www.hrw.org/news/2016/12/22/iraq-armed-groups-using-child- soldiers-0 238 “Brazil’s Violent Prisons; Burma Police Video; India’s Mass Molestations: HRW Daily Brief,” Human Rights Watch, Last modified January 4, 2017, https://www.hrw.org/the-day- in-human-rights/2017/01/04 239 “Stop Recruiting Child Soldiers in Iraq,” Human Rights Watch, Last modified January 4, 2017, https://www.hrw.org/news/2017/01/04/stop-recruiting-child-soldiers-iraq

56 ISIL on the issue of child recruitment and indicated that the People's Defence Forces is wearing out its welcome.’240 The children are not allowed regular contact with their families and have spoken negatively of the experience after coming back.241 However, Neff did speak to a boy, aged 15 who argued he was motivated to join the PKK, as an act of revenge for ISIS’ actions toward minority groups and did not express negative emotions towards his time in the PKK forces. Yazidi women can be faced with an additional form of reprisal: rejection by their own communities for speaking out about their sexual exploitation.242 Rovera explained that ‘survivors feel that their “honour”, and that of their families, has been tarnished and fear that their standing in society will be diminished as a result.’243 Tayler, from HRW, managed to speak to women who had been subject to gender-specific exploitation. Tayler does not use their real names when recounting their stories for security reasons, as ‘even acknowledging capture by Islamic State can put women and girls in danger.’244 First-hand accounts are difficult to secure, she added, as ‘the stigma surrounding rape in the Yezidi community and the fear of reprisal against women and girls who disclose sexual violence’ is rife.245 The difficulties are all the greater because access to services to repair the mental health of the Yazidis is scarce, as explained in an article dated 11 October 2014. Therefore, if the women do come forward, which is difficult enough, they are not met with help.246 This theme is repeated throughout the articles, particularly from HRW. However, in April 2015, HRW reported on positive steps taken by Baba Sheikh, a Yazidi religious leader, to combat community-led persecution. He released a statement ‘welcoming escaped women back into the community and

240 Ibid. 241 Ibid. 242 “The silence over Islamic State’s abuse of women.” Human Rights Watch. 243 “Iraq: Yezidi women and girls face harrowing sexual violence.” Amnesty International. 244 “Iraq: Forced Marriage, Conversion for Yezidis,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2014/10/11/iraq-forced-marriage-conversion- yezidis 245 Ibid. 246 Ibid.

57 stating that no one should harm them.’247 He reiterated this appeal on 6 February 2015.

These survivors remain pure Yezidis and no one may injure their Yezidi faith because they were subjected to a matter outside their control… We therefore call on everyone to cooperate with and support these victims so that they may again live their normal lives and integrate into society.248

HRW believe that his statements did contribute to Yazidi females’ protection and families actively pursuing help for those affected. HRW urged for this to continue, in an article on 26 April 2015, for it is ‘the best way to counter ISIS’s cruel aims.’249 A striking article by HRW on 11 March 2017, employed the powerful phrase ‘from abused to accused,’ to refer to Yazidi women that managed to escape from Islam extremists.250 The reporters spoke to ten females now were detained at the Women and Children’s Reformatory for ‘terrorism-related offenses.’251 ‘Two of the women had been convicted for trying to commit suicide bombings—one of them in 2008—and readily admitted this was the case.’252 The remaining eight women ‘claimed that their only crime was being related by marriage or blood to a member of ISIS or its precursor, al Qaeda in Iraq.’253 In short, the new problem is that women that had been forced into marrying terrorists are victimised again, this time as alleged criminals.

Conclusions Overall, the two NGOs addressed loss of livelihood, childhood, and identity in a similar manner, by using interviews with those involved to inform their writing, and by employing emotive language to convey the hardships. It is remarkable that

247 “Iraq: ISIS Escapees Describe Systematic Rape,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/iraq-isis-escapees-describe-systematic- rape 248 Ibid. 249 “The Best Way to Counter ISIS’s Cruelty,” Human Rights Watch, Last modified April 26, 2015, https://www.hrw.org/news/2015/04/26/best-way-counter-isiss-cruelty 250 “The Women Who Escaped ISIS,” Human Rights Watch, Last modified March 11, 2017, https://www.hrw.org/news/2017/03/11/women-who-escaped-isis 251 Ibid. 252 Ibid. 253 Ibid.

58 cultural destruction, unlike loss of livelihood and childhood, has not been the focus of the articles of either NGO. Perhaps, due to the NGO’s desire for justice it is of less significance because cultural destruction is not included in the Genocide Convention. The issue of reprisals carried out by various groups was also investigated and reported. HRW focused on reprisal by the KRG more so than on the recent Yazidi reprisals, whereas AI’s focal point was the latter actions.

59 VI Recommendations

‘Letting grave crimes against Yezidis and others go unpunished is a stain not only on the Iraqi government, but on all countries that have vowed to protect groups like the Yezidis against threats of extermination and that have committed themselves to supporting justice for grave abuses whenever and wherever they occur.’254 Human Rights Watch.

Introduction This chapter describes the main recommendations provided by AI and HRW, organised by addressee. I will first direct attention to the ISIS and show that both organisations requested it to stop its destructive actions, such as killing detainees, executing civilians, and kidnapping religious minorities. Region-focused recommendations are then addressed, pertaining to the legal sphere, the issue of displacement, and the empowerment of females. The survey concludes with a look at tailor-made European and global recommendations.

The Islamic State AI and HRW had a number of general recommendations for the extremist group in regard to its conduct towards minority groups. These recommendations did not specifically refer to the Yazidis until an article by HRW in April 2016. AI provided a clear, legally driven, message to ISIS in June and July 2014. Firstly, it called on ISIS to ‘respect the laws of armed conflict and put an immediate end to summary killings, torture and deliberate attacks on civilians.’255 Secondly, Rovera explained that ‘killing detainees in custody is a war crime’ and linked this to ISIS’ past displays of ‘appalling disregard for basic humanity,’ resulting in the conclusion that ‘anyone who is detained must be treated

254 “UN Panel Reports on ISIS Crimes on Yezidis,” Human Rights Watch, Last modified June 21, 2016, https://www.hrw.org/news/2016/06/21/un-panel-reports-isis-crimes-yezidis 255 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/

60 humanely.’256 Understandably these were vague requests, as the conflict was only just beginning and therefore there was only limited intelligence on ISIS crimes. Despite the increased amount of information, their recommendations for the group ceased after this. Due to ISIS not attributing value to the opinion of NGOs, Amnesty may have believed their recommendations would have been more fruitful, if they were directed at groups that respected them. In contrast, HRW directed aspects of its recommendations towards ISIS in 2014, 2015 and 2016. Here one is able to detect the growing amount of information HRW is exposed to. In June 2014, Nadim Houry, Deputy Middle East and North Africa Director at HRW, followed the same pattern as AI with a legal recommendation. Houry reported on ISIS repeatedly flouting the law, citing the example of civilian executions.257 In October 2014, specifics began to appear: ISIS was told to ‘immediately reunite children with their families, end forced marriages, stop sexual abuse, and release all civilian detainees.’258 The same article called for ISIS to ‘immediately cease its campaign of kidnapping, killing, and seizing or destroying the property of religious minorities.’259 That same year, Sarah Whitson, Executive Director of the Middle East and North Africa Division, called for allies of ISIS to ‘press the group to stop its targeting of religious minorities and desecration.’260 She argued ‘no matter how hard its leaders and fighters try to justify these heinous acts as religious devotion, they amount to nothing less than a reign of terror.’261 Whitson also outlined the law of wars, such as prohibition of religious discrimination, killing civilians and detainees, as well as taking hostages. She concluded that ISIS was in breach of these. Tayler reiterated these sentiments and argued the actions amounted to war

256 “Iraq: Yezidis captured by ISIS amid mounting sectarian attacks,” Amnesty International, Last modified July 1, 2014, https://www.amnesty.org/en/latest/news/2014/07/iraq-yezidis-captured-isis-amid-mounting- sectarian-attacks/ 257 “Syria: ISIS Summarily Killed Civilians,” Human Rights Watch, Last modified June 14, 2014, https://www.hrw.org/news/2014/06/14/syria-isis-summarily-killed-civilians 258 “Iraq: Forced Marriage, Conversion for Yezidis,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2014/10/11/iraq-forced-marriage-conversion- yezidis 259 Ibid. 260 “Iraq: ISIS Abducting, Killing, Expelling Minorities,” Human Rights Watch, Last modified July 19, 2014, https://www.hrw.org/news/2014/07/19/iraq-isis-abducting-killing- expelling-minorities 261 Ibid.

61 crimes, thus the fighters and commanders must be aware that punishment was in their future.262 In 2015, HRW had several recommendations, similar to those given in 2014, for ISIS commanders to impose on their fighters. They pertained to the need to release civilian detainees, as holding civilians is a breach of law. Additionally, ISIS should reunite youth with their relatives and end forced nuptials, sexual violence and conversions.263 In 2016, HRW was solely focused on ISIS’ treatment of females and called for ISIS to ‘urgently release Yezidi women and girls they abducted in 2014.’264 The statement was prompted by research carried out by HRW with escapees that had been subjected to gender-specific sexual exploitation.

Syria, Iraq and the Kurdish Regional Government In addressing the Syrian, Iraqi and Kurdish authorities, the NGOs offered legal recommendations and spoke about displacement and female empowerment. The legal recommendations provided by AI and HRW chiefly addressed the need to combat impunity, with the specific suggestion that Iraq should join the International Criminal Court. In 2014, Philip Luther, Director of Amnesty’s Middle East and North Africa Programme, criticised the Syrian government for allowing ‘complete impunity for the war crimes and crimes against humanity,’ as it ‘is fuelling brutality and inhumanity.’265 The Director implied the need for prosecutions. Likewise, Rovera focused on impunity. However, her recommendations were directed toward the Iraqi government. She argued ‘those ordering, carrying out, or assisting in these war crimes must be apprehended and brought to justice.’266 An overriding motif of AI’s work was the need for equal

262 “Iraq: ISIS Kidnaps Shia Turkmen, Destroys Shrines,” Human Rights Watch, Last modified June 27, 2014, https://www.hrw.org/news/2014/06/27/iraq-isis-kidnaps-shia- turkmen-destroys-shrines 263 “Iraq: ISIS Escapees Describe Systematic Rape,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/iraq-isis-escapees-describe-systematic- rape 264 “Iraq: Women Suffer Under ISIS,” Human Rights Watch, Last modified April 5, 2016, https://www.hrw.org/news/2016/04/05/iraq-women-suffer-under-isis 265 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/ 266 “Gruesome evidence of ethnic cleansing in northern Iraq as Islamic States moves to wipes out minorities,” Amnesty International, Last modified September 2, 2014,

62 protection to be provided by the Iraqi central government and the KRG, regardless of the community under attack. Additionally, the need to stop arming sectarian militias against ISIS was prominent in the articles in 2014.267 AI called for the Iraqi Central Government to ‘disarm and disband militias responsible for extrajudicial executions and other gross violations and bring perpetrators to justice.’268 Widespread impunity continued to be criticised in 2015 by AI and HRW. AI urged Iraqi authorities to indiscriminately bring those committing crimes to justice, which would also reduce sectarian tensions. Victims must know that their abusers will be punished, regardless of their standing, religion or ethnicity. Without this, ‘Iraqi civilians will remain trapped in a deadly cycle of sectarian violence, with entire communities – rather than individual perpetrators – paying the price.’269 HRW reiterated that no one was being held accountable by governments. ‘The Iraqi government urgently needs to move beyond window-dressing reforms,’ Whitson wrote, ‘so that it can win back public trust, confront the growing disaster that ISIS is unfolding in Iraq, and save Iraqis from an endless cycle of horrors.’270 Whitson did not seem optimistic that this would happen, as ‘Iraq’s newly formed government includes a Badr militia member as interior minister, which appears to signify the militias will remain officially tolerated but not accountable.’271 Articles often talked about the ICC and the need for Iraq to become a member. In 2014, HRW called for Iraq to join the ICC ‘to allow for possible prosecution of crimes such as war crimes and crimes against humanity by all parties to the conflict.’272 Yet AI did not provide this suggestion until 2016. Lynn Maalouf, Deputy Director for Research at AI’s Beirut regional office, claimed if Iraqi authorities were genuine in their desire to carry out meaningful prosecutions they would. This would ensure ‘legislation criminalizing war crimes and crimes https://www.amnesty.org/en/latest/news/2014/09/gruesome-evidence-ethnic-cleansing- northern-iraq-islamic-state-moves-wipe-out-minorities/ 267 Amnesty International, Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq by Amnesty International Ltd, 2014. 268 Ibid. 269 “A deadly spiral of sectarian violence – a year on from IS onslaught on Iraq,” Amnesty International, Last modified June 10, 2015, Last modified June 10, 2015, https://www.amnesty.org/en/latest/news/2015/06/a-deadly-spiral-of-sectarian-violence-a-year- on-from-is-onslaught-on-iraq/ 270 “Iraq: ISIS, Militias Feed Cycle of Abuses,” Human Rights Watch, Last modified February 2, 2015, https://www.hrw.org/news/2015/02/02/iraq-isis-militias-feed-cycle-abuses 271 Ibid. 272 “Iraq: Forced Marriage, Conversion for Yezidis.” Human Rights Watch.

63 against humanity and reform the security and justice sectors in line with international standards.’273 She cited cooperation with the international community and the preservation of evidence, as essential to ensuring justice for the Yazidis.274 The article was written in October 2016, and signalled the fact there had been ‘no prosecutions or trials of anyone accused of committing crimes against the Yezidi community.’275 How did the organisations want the governments to tackle displacement? Rovera highlighted, in several articles, the need for the Iraqi and Kurdish authorities to ensure displaced civilians have access to safe escape routes, are protected from ISIS attacks, and receive aid.276 This protection was cited as absent in AI’s report on Northern Iraq, where ‘entire communities… were abandoned to their fate without protection from attacks by the IS when the Shi’a-dominated Iraqi army and security forces fled the area in June.’277 Additionally, Iraqi bureaucracy made free movement difficult, as the required identity and travel documents had been lost. They were also hard to re-obtain. In 2016, Rovera was again requesting the provision of safe passages, for if civilians did not have the ability to ‘get out of conflict-affected areas of the city and to provide essential services to residents trapped under fire inside Mosul, a humanitarian catastrophe could unfold.’278 For the first time, in an interesting adjustment to the new age of social media, AI imbedded a tweet within an article: “Iraq Prime Minister @HaiderAlAbadi must provide essential care and rehabilitation to children facing brutal violence in #Mosul. TWEET THIS NOW!” AI is famed for its letter writing campaigns and this appears to be the modern

273 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community,” Amnesty International, Last modified October 10, 2016, https://www.amnesty.org/en/latest/news/2016/10/iraq-yezidi-survivors-of-horrific-abuse-in-is- captivity-neglected-by-international-community/ 274 Ibid. 275 Ibid. 276 “The plight of Iraq’s civilian population,” Amnesty International, Last modified July 7, 2014, https://www.amnesty.org/en/latest/campaigns/2014/07/the-plight-of-iraqs-civilian- population/ 277 Amnesty International. Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq. 6. 278 “”Iraq: Children caught in the crossfire of the battle for Mosul suffer horrific injuries and trauma,” Amnesty International, Last modified December 22, 2016, https://www.amnesty.org/en/latest/news/2016/12/iraq-children-caught-in-the-crossfire-of-the- battle-for-mosul-suffer-horrific-injuries-and-trauma/

64 approach. Thus large numbers of people can come together and show their joint support by retweeting a motion, in this case to a Prime Minister. In 2016, Rovera criticised the conduct of Iraqi and coalition forces, during the battle for Mosul. She was not convinced of their ‘assurances that they are doing their utmost to protect civilians,’ as children were dying and being forced from their homes. Therefore, she urged the forces to ‘take all feasible precautions to spare civilian lives, including by avoiding using artillery and other indirect fire into densely populated urban areas.’279 A further tweet to the Prime Minister was posted on the article; “Iraqi authorities and international partners MUST provide better protection for civilians in Mosul @HaiderAlAbadi.”280 Whitson criticised the government in the same manner as Rovera. However, her article, written a year later, pertained to the lack of civilian protection after air strikes carried out by the US-led coalition, rather than ISIS. Whitson provided recommendations for how the Iraqi authorities could improve. It must take appropriate measures to protect lives, ‘rein in militias, and reform the justice system, including investigating allegations of torture and targeted killing and prosecuting militia members and security forces responsible for abuse.’281 The section is not Yazidi-specific, but is important to our overall understanding of the trajectory of the conflict. Additionally, HRW urged, in August 2015, for the Iraqi government to improve the way new identification documents are provided, as the process was too slow. In order to begin one’s life again, after displacement, four documents were required, ‘food ration, residency, and identity cards, and a certificate of nationality.’282 The nationality certificate was particularly difficult to acquire, with people either waiting months or resorting to bribing officials in Baghdad. Furthermore, females require a male relative’s certificate to ‘obtain a certificate, yet often their male relatives are missing or killed.’283 Therefore, HRW saw fit to

279 Ibid. 280 Ibid. 281 “Iraq: ISIS, Militias Feed Cycle of Abuses,” Human Rights Watch, Last modified February 2, 2015, https://www.hrw.org/news/2015/02/02/iraq-isis-militias-feed-cycle-abuses 282 “Dispatches: Help Yezidi Survivors,” Human Rights Watch, Last modified August 4, 2015, https://www.hrw.org/news/2015/08/04/dispatches-help-yezidi-survivors 283 Ibid.

65 suggest improvements to this system, such as dropping the arbitrary rule of requiring a man’s certificate. The NGO’s earliest recommendation directed at creating female Yazidi empowerment focused on the provision of adequate medical care. Medical care is a vital part of helping those in conflicts; it has been required since the conflict’s inception. It is important to note, ‘medical care for sexual-and gender-based violence and counselling are rarely part of the initial wave of aid sent to conflict areas.’284 This helps to explain why NGOs focus their medical recommendations on women. Rovera focused on the need for improvements to female medical care provided by local authorities, in 2014. The care needs to be provided more quickly and females must be aware of its availability. She provided the specific examples of ‘sexual and reproductive health services as well as counselling and trauma support.’285 In 2015, Miscati shed light on the inconsistency of physical and mental medical treatment. Yazidi females receive vastly different levels of treatment. Miscati urged the KRG and Iraq’s central government to work together to improve the disparity. There was also a focus on the need for safe abortions to be available. In 2016, Rovera continued to ask the Iraqi government to provide ‘better care, rehabilitation and protection systems,’ as ‘looking after civilian victims, particularly the most vulnerable, should be an absolute priority - not an afterthought.’286 It is clear the two NGOs agree on the improvements that are needed. In 2015, HRW placed onus on the need for tailor-made education programmes for males that elucidates how women should be treated, and their value, particularly focused on the prevention of violence against women. The NGO championed ‘authorities, religious and community officials’ working together to ‘raise awareness and provide education’ for men and boys.287

284 “Interview: Why Women’s Rights are Essential for a Lasting Peace,” Human Rights Watch, Last modified October 11, 2014, https://www.hrw.org/news/2015/10/11/interview-why- womens-rights-are-essential-lasting-peace 285 “Iraq: Yezidi women and girls face harrowing sexual violence,” Amnesty International, Last modified December 23, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq- yezidi-women-and-girls-face-harrowing-sexual-violence/ 286 “”Iraq: Children caught in the crossfire of the battle for Mosul suffer horrific injuries and trauma,” Amnesty International. 287 “Iraq. ISIS Escapees Describe Systematic Rape,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/iraq-isis-escapees-describe-systematic- rape

66 Additionally, HRW provided recommendations, several times, about allowing women to have a seat at the table. Yazidi women, and women more generally, should be present when the planning of refugee camps takes place. Camps are often breeding grounds for assault, however, if preventatives were put in place, female safety could be better ensured. HRW provided examples, such as escorts for the women and ‘civilian liaisons that women could speak to when they feel unsafe.’288 People in camps should not fear revenge attacks if they criticise how the government has structured the camps. Additionally, women should participate in the talks about ‘disarmament, demobilization, and reintegration programs.’289 As ‘many people don’t realise that women often make up to 30 percent of armed groups. Yet they’re regularly excluded from programs where you get money, training, and job opportunities if you turn in your guns.’290 If women were involved in the decision-making process, discrimination of this kind could be prevented.

The International Community AI and HRW refer to the “international community” throughout their work on the Yazidis, without defining it. However, it pertains to the countries of the world considered collectively. They appealed to them to provide humanitarian assistance, to empower women and to study and preserve mass graves. Humanitarian aid is consistently referred to in the articles throughout the years, with AI and HRW repeatedly asking the international community to provide ‘financial support.’291 The NGOs believed the international community did not act quickly enough and for this they were condemned. The recommendations were at times vague and simply urged for money to be given to those that could translate currency into practical, relevant, and efficient help. The provisions have been necessary since the conflict’s inception. The articles would sometimes have geographical suggestions added to the recommendation, if a specific area had been affected particularly badly at a certain point in the conflict.

288 “Interview: Why Women’s Rights are Essential for a Lasting Peace.” Human Rights Watch. 289 Ibid. 290 Ibid. 291 “From Schools to Shelters in Iraq,” Human Rights Watch, Last modified September 9, 2014, https://www.hrw.org/news/2014/09/09/schools-shelters-iraq

67 Criticisms were also attached to recommendations. On 12 August 2014, Amnesty wrote that ‘the international response to large scale displacement of civilians from areas seized by ISIS has been woefully inadequate to date.’292 AI argued that the aid came too late and civilians had already escaped from Mount Sinjar. Additionally, when aid did come, in the form of emergency airdrops, it was not effective. The water bottles from the airdrops broke because of impact. It is helpful to outline where improvements could be made the next time aid is provided in this way. Indeed, AI noted the importance of communicating with ‘survivors, community activists and care providers,’ as this helps to effectively guide aid.293 In 2016, Rovera wrote an important piece entitled “Iraq: Children caught in the crossfire of the battle for Mosul suffer horrific injuries and trauma.” The acknowledgement of the length of the conflict and the lack of an end date informed the article. Additionally, it felt there was an onus on the word humanitarian. The need for the response to be genuinely humanitarian is paramount. Therefore, mental health support for the children affected by the conflict was essential, Rovera argued, for those had witnessed and continued to witness unfathomable violence.294 However, this does not trump other types of “practical” support. In 2016, AI repeatedly released articles on how and why females need to be empowered, with the help of the international community. In October 2016, Amnesty produced an article entitled “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” The overall sentiment was the need for ‘governments around the world to implement their legal obligations to eliminate gender based violence’ and to accept more refugees.295 Maalouf, criticised the lack of ‘unified system set up to assess the needs of survivors of IS captivity.’296 She called for more support from the international community to help the women

292 “Humanitarian efforts failings the hundreds of thousands forced to flee ethnic cleansing in northern Iraq,” Amnesty International, Last modified August 12, 2014, https://www.amnesty.org/en/latest/news/2014/08/iraq-mass-displacement-northern-iraq/ 293 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International. 294 “”Iraq: Children caught in the crossfire of the battle for Mosul suffer horrific injuries and trauma.” Amnesty International. 295 “Refugees are in urgent need of protection from sexual and gender-based violence,” Amnesty International, Last modified November 25, 2016, https://www.amnesty.org/en/latest/news/2016/11/refugees-are-in-urgent-need-of-protection- from-sexual-and-gender-based-violence/ 296 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International.

68 manage their physical and mental health, which has been impacted by IS’ actions that they have been subject to and/or have witnessed. This was followed by the launch of the annual international campaign, “16 Days of Activism against Gender Based Violence,” on 26 November 2016. It was and still is directed at the international community and aims ‘to raise awareness about violence against women and girls, and is an opportunity to show international solidarity in the fight to end violence against women.’297 The campaign was universal, rather than focusing on a specific group that were subject to gender- based violence, with those included in this campaign being defined as ‘women and girls, lesbian, gay, bisexual, transgender and intersex (LGBTI) refugees.’298 Catherine Murphy, the Acting Director of AI’s Gender Sexuality and Identity Programme, claimed ‘the shameful inaction of wealthy governments is prolonging’ the plight of women globally.299 As mentioned previously, the campaign had a legal focus whereby the international community should introduce for example ‘targeted measures,’ such as ‘ensuring that police provide a safe and confidential environment for refugees to report incidents of gender based violence.’300 Additionally, a way to combat gender based violence was for ‘governments around the world do more to share responsibility for protecting refugees by significantly increasing the number of resettlement places made available for refugees most in need of protection.’301 The campaign asked supporters of AI to profess their solidarity with Yazidi women that were forced to find refuge in Greece because of ISIS. The conditions of camp Nea Kayala, where the women stayed for five months, were described. The camp had ‘poor lighting, a lack of safe or separate toilets and showers, and no mechanisms to report sexual harassment. They felt very unsafe and formed a ‘protection circle’ to look after each other in the absence of any state protection in the camp.’302

297 “Refugees are in urgent need of protection from sexual and gender-based violence,” Amnesty International, Last modified November 25, 2016, https://www.amnesty.org/en/latest/news/2016/11/refugees-are-in-urgent-need-of-protection- from-sexual-and-gender-based-violence/ 298 Ibid. 299 Ibid. 300 Ibid. 301 Ibid. 302 Ibid.

69 It is important to note, no campaigns, be either NGO, have centred on the Yazidis exclusively. Indeed, the above campaign by Amnesty possessed a noble goal, however the campaign’s angle was global, as opposed to focusing on a specific conflict. Christopher Wilcke and Rothna Begum wrote for HRW, in 2015 and 2016, regarding the treatment of mass graves found around Mount Sinjar, after Kurdish forces captured the area that previously belonged to IS. They were prompted to report because the graves were being treated inappropriately, and they also needed to be forensically examined. Yazda visited the sites on multiple occasions. More specifically, the team visited 35 sites in total, ‘19 confirmed mass grave sites; three sites of reported but not yet identified mass graves; three identified but not yet visited mass grave sites in accessible territory; and 10 inaccessible mass grave sites in areas under ISIS control.’303 They discovered that the graves, in northern Iraq, were being ‘disturbed and possibly compromised for any future prosecutions of what could amount to genocide against the Yezidi people.’304 In summary, their advice was for the international community to continue to press Iraqi authorities to ‘send experts to help preserve evidence of mass killings and identify remains for the surviving family members.’305 The US, Germany and ‘Mahmud Hajji, the Kurdistan Regional Government’s (KRG) minister of martyrs and Anfal victims (a reference to the genocide of Iraqi Kurds during the Saddam Hussein era)’ explicitly supported such actions.306 Mahmud Hajji spoke to HRW to inform the organisation ‘the regional government would welcome much-needed international assistance in the protection and forensic analysis of these sites.’307 Countries understand and support the need for the examinations, yet do not fund these vital teams, therefore no team has been dispatched. The forensic experts should be unbiased and have worked for criminal tribunals before, so the evidence is contained in the correct way. Additionally, Wilcke and Begum reported on the need for the international community to ‘help finance the preservation and analysis of evidence that could be

303 “Iraq: Protect Mass Graves,” Human Rights Watch, Last modified January 30, 2016, https://www.hrw.org/news/2016/01/30/iraq-protect-mass-graves 304 Ibid. 305 “Dispatches: Help Yezidi Survivors,” Human Rights Watch, Last modified August 4, 2015, https://www.hrw.org/news/2015/08/04/dispatches-help-yezidi-survivors 306 “Iraq: Protect Mass Graves.” Human Rights Watch. 307 Ibid.

70 vital to future domestic and international accountability processes to address serious international crimes.’308

Europe AI and HRW provided recommendations to countries in Europe that were and were not accepting refugees from the conflict. This section will look at their work on Turkey, Greece, Hungary, Germany and the United Kingdom. AI wrote about Turkey in 2014 and 2015, and HRW in 2016. In 2014, the focus was on potential perpetrators residing in the country. AI advised the government to ‘investigate individuals on its territory – including members of ISIS – suspected of committing or ordering war crimes.’309 Additionally, the Turkish government had to ‘prevent the entry of fighters and arms flows to ISIS and to other armed groups committing serious violations of international humanitarian law in Syria.’310 Therefore, placing the focus on justice and fair trials. In 2015, the attention shifted to a critical stance on the EU’s approach to Turkey. AI argued the union should be helping Turkey more, as it was ‘hosting more than two million refugees.’311 Yazidis had been told it takes five years to register as an asylum-seeker, and had not been given access to lawyers after being unfairly detained. The group was under threat of being forcibly returned to Iraq and Syria after Turkish border guards intercepted their route to the EU. AI urged the EU to find ‘safe and legal routes to refugees to reach Europe,’ as ‘the current plan fails to offer any concrete assurances on boosting resettlement places for the neediest refugees in Turkey.’312 Andrew Gardner, AI’s Turkey Researcher, advised Angela Merkel to ‘put principles before politics in her talks’ with Turkey.313 He, therefore, recommended the country not be classed as “safe country of origin,” as it

308 Ibid. 309 “Children among 15 civilians summarily killed in northern Syria,” Amnesty International, Last modified June 5, 2014, https://www.amnesty.org/en/latest/news/2014/06/children- among-civilians-summarily-killed-northern-syria/ 310 Ibid. 311 “Turkey: Merkel must ensure rights of refugees not cut out of EU-Turkey deal,” Amnesty International, Last modified October 17, 2015, https://www.amnesty.org/en/latest/news/2015/10/turkey-merkel-must-ensure-rights-of- refugees-not-cut-out-of-eu-turkey-deal/ 312 Ibid. 313 “The silence over Islamic State’s abuse of women,” Human Rights Watch, Last modified November 25, 2014, https://www.hrw.org/news/2014/11/25/silence-over-islamic-states-abuse- women

71 is not safe, as only ‘one in four asylum seekers from Turkey’ was being ‘granted refugee status in the EU.’314 In 2016, Izza Leghtas, UK Researcher at HRW wrote passionately about the need for EU governments to accept more refugees, rather than expecting Turkey to solely take on the burden. She reinforced her argument with emotive language and statistics. In 2015, ‘EU member states agreed to resettle about 22,500 refugees from Turkey and other first-asylum countries, but by the end of 2015 had admitted only 779.’315 Therefore, she demanded that EU leaders, rather than ‘turning their backs on the people risking their lives for protection,’ ask themselves ‘what would I do if I had to save my family from bullets and bombs, and where would I go for my children’s future?’316 AI’s work on Greece mirrored the articles on Turkey, with a critical tone of European leaders for leaving the burden of accepting refugees to Greece. Kondylia Gogou, AI’s Greece Researcher, urged other European leaders to allow refugees in, as ‘the responsibility… is not Greece’s alone.’317 The article is critical and provides suggestions, such as for European governments ‘to accept asylum-seekers from Greece, by speeding up relocation to other countries, facilitating family reunification and offering humanitarian and student visas for onward travel.’318 The main focus of the article is in regard to education. There is also an emotive tone, as Gogou explains how desperately the refugees want an education, in comparison to children born in Europe that ‘in the words of Shakespeare, are “creeping like snail, unwillingly to school.”’319 Those that yearn to learn cannot access education due to the actions of European governments. Additionally, Murphy wrote an article arguing that the living conditions of refugees in Greece must be improved, particularly regarding female safety.320

314 Ibid. 315 “Turkey Alone Can’t Solve Europe’s Refugee Crisis,” Human Rights Watch, Last modified January 29, 2016, https://www.hrw.org/news/2016/01/29/turkey-alone-cant-solve- europes-refugee-crisis 316 Ibid. 317 ““Learning is like a diamond” – but no diamond in the rough for child refugees in Greece,” Amnesty International, Last modified September 1, 2016, https://www.amnesty.org/en/latest/campaigns/2016/09/learning-is-like-a-diamond/ 318 Ibid. 319 Ibid. 320 “Refugees are in urgent need of protection from sexual and gender-based violence.” Amnesty International.

72 HRW strongly criticised the Hungarian government in 2016 for stirring ‘up xenophobic sentiments against refugees and migrants,’ as well as going ‘to great lengths, and cost, to spew hateful messages nationwide.’321 The aim of the article was to impress the need for the country to take in more refugees. Moreover, to apply pressure on Hungary to sign a EU agreement it previously refused to. The agreement requires ‘member states to relocate asylum seekers equitably across the Union,’ Hungary would therefore have to accept 1,294 asylum seekers.322 Despite the small number, the Prime Minster called a referendum to ask ‘Hungarians whether they want the EU to impose refugee quotas in Hungary without the consent of the Hungarian parliament.’323 HRW were critical of this. The German state of Baden-Wurttemberg and the Iraqi Kurdish government formed an agreement whereby Germany allowed hundreds of Yazidi females to live in the country for two years, with the opportunity to extend. However, the program, that costs €95 million, ended in 2016.324 HRW made clear the number of women still in Iraqi Kurdistan that require help and how essential programs like these are. Finally, 100 imams in the United Kingdom were praised by HRW in November 2014, when the Muslim leaders released a joint plea to British Muslims, in July 2014. The appeal labelled those who joined ISIS “heretics.” Since 2011, hundreds of British Muslims had left the UK to fight in Iraq and Syria. Additionally, in August 2014, ‘six of the UK’s most influential Muslims issued a fatwa denouncing IS’s beheadings, mass killings, and enslavement of women, children, and minorities, including Yazidis.’325 HRW did, however, ask the leaders to support women’s rights and to speak out against the sexual exploitation of Yazidi women and girls.

Coalition Partners Fighting the Islamic State

321 “Pigs’ heads and propaganda: Hungary’s war on refugees,” Human Rights Watch, Last modified August 26, 2016, https://www.hrw.org/news/2016/08/26/pigs-heads-and- propaganda-hungarys-war-refugees 322 Ibid. 323 Ibid. 324 “Iraq: Women Suffer Under ISIS.” Human Rights Watch. 325 “The silence over Islamic State’s abuse of women.” Human Rights Watch.

73 The coalition formed in support of the Iraqi government’s fight against ISIS. It is comprised of ‘states including Australia, Belgium, Canada, Denmark, France, the Netherlands, and the United Kingdom,’ that have ‘carried out over 9,000 airstrikes on ISIS targets since late 2014.’326 The NGOs offers the partners general recommendations and also focused on their air strikes. HRW provided legal recommendations for how those supporting the Iraqi government militarily and financially should proceed. The various governments should ‘press Iraq to incorporate war crimes, crimes against humanity and genocide into its domestic law.’327 Indeed, the suggestion was made that those providing the Iraq military with support should ‘condition their support on scrupulous respect for the laws of war, which prohibit attacks that disproportionately harm civilians or fail to distinguish civilians and civilian objects from military objectives.’328 Moreover, HRW, in 2016, argued the U.S. should press Iraq to become a member of the ICC; by virtue of becoming a member, the court’s prosecutor can examine those implicated in crimes.329 HRW placed emphasis on all sides of the conflict being subject to such legal scrutiny. Furthermore, HRW gave concrete advice on how the coalition should proceed in their fight against IS. The need for the victims to be at the centre of their approach was paramount. This could be achieved by creating justice through combating impunity. The coalition could urge the Iraqi government to ‘pursue impartial investigations of serious crimes by all sides, and offer Iraq technical assistance and judicial cooperation.’330 The provision of medical support to the victims was one vital aspect of HRW’s recommendations. It should be made available for both physical and mental wounds. Another recommendation was for support to be provided during the ‘local and international efforts to investigate

326 “Iraq,” Human Rights Watch, Last modified January 12, 2017, https://www.hrw.org/world- report/2017/country-chapters/iraq 327 “Why has the World Forgotten Islamic State’s Female Sex Slaves?” Human Rights Watch, Last modified April 14, 2016, https://www.hrw.org/news/2016/04/14/why-has-world- forgotten-islamic-states-female-sex-slaves 328 “Five Guidelines to Promote Respect for International Law in Combatting ISIS,” Human Rights Watch, Last modified March 21, 2017, https://www.hrw.org/news/2017/03/21/five- guidelines-promote-respect-international-law-combatting-isis 329 “Why has the World Forgotten Islamic State’s Female Sex Slaves?” Human Rights Watch. 330 “Five Guidelines to Promote Respect for International Law in Combatting ISIS.” Human Rights Watch.

74 grave crimes, including through the collection, preservation, and analysis of potential evidence.’331 Joe Stork, Deputy Middle East Director for HRW, placed emphasis in April 2016, on the need for the Iraq’s government’s allies to ensure civilians are guarded from undue harm during the battle for Mosul.332 This elucidates the more general point that upon entry of a coalition it is not solely one’s actions that one must be mindful of. This is particularly pertinent, as those involved in the conflict routinely ignore the laws of war. The US first carried out airstrikes against ISIS in 2014, which prompted reports from AI and HRW. The air strikes were forcing civilians to live in fear when in ISIS controlled areas, as the strikes targeted these positions. Rovera made clear that ‘indiscriminate attacks are prohibited under international law’ and the need to distinguish between military and civilians is paramount, ‘attacks can only be directed at military targets.’333 Sarah Margon, the Washington Director at HRW, spoke to the Senate Foreign Relations Committee regarding the US’ conduct in relation to the plight of the Yazidis. Margon referenced Obama, in August 2014, stating the US would “not turn a blind eye” to a Yazidi massacre in Iraq. She conceded there had been an amplified focus on the Yazidis and other minorities struggle. However, she did not believe the launch of a military operation was a ‘sufficient long-term strategy to protect these groups – or any others.’334 The US had outlined no substantial plan regarding how civilian life would be protected, which Margon argued that in its absence the situation could become increasingly dire. Margon, like Rovera, made clear the detrimental nature of indiscriminate attacks. This was not limited to loss of life, for within days those living in Raqqa were ‘reporting an increase in the price of basic commodities, particularly fuel needed for heating, as a result of the strikes

331 Ibid. 332 “Iraq: Protecting Civilians Key to Mosul Battle,” Human Rights Watch, Last modified April 24, 2016, https://www.hrw.org/news/2016/04/24/iraq-protecting-civilians-key-mosul- battle 333 “Humanitarian efforts failings the hundreds of thousands forced to flee ethnic cleansing in northern Iraq,” Amnesty International, Last modified August 12, 2014, https://www.amnesty.org/en/latest/news/2014/08/iraq-mass-displacement-northern-iraq/ 334 “’ISIL’s Reign of Terror: Confronting the Growing Humanitarian Crisis in Iraq and Syria,” Testimony of Sarah Margon’,” Human Rights Watch, Last modified December 9, 2014, https://www.hrw.org/news/2014/12/09/isils-reign-terror-confronting-growing- humanitarian-crisis-iraqand-syria-testimony

75 on ISIS refineries.’335 Additionally, protests broke out, which incited worries regarding the ‘myopic focus of the US-led campaign but also about the potential for any related civilian deaths to increase ISIS recruitment.’336 Margon urged the administration to take this into account and to realise that airstrikes never eradicate ‘horrors.’337 The US must also recognise their involvement would last for a lot longer than a series of airstrikes. Margon outlined four short-term pieces of advice from HRW. Firstly, the US government should ‘publicly commit to investigate airstrikes in both Iraq and Syria in which civilians were casualties in possible violation of the laws of armed conflict, publicly report on the findings, and commit to appropriate redress in cases of wrongdoing.’338 Furthermore, the US should provide help for civilians harmed, because of US airstrikes, as was done in Afghanistan.339 Secondly, HRW called for the US to ensure they are not engaging with abusive groups in Syria and Iraq, and to trace where their weapons go, even after they have been placed in the hands of a certain group. Thirdly, Margon urged for non-military initiatives to be better supported than they were before the airstrikes began. HRW believed the support was ‘an important counter balance to military operations and helps promote a culture of oversight and public accountability.’340 Specific suggestions for the support were given, such as better mental health services for those displaced. Finally, HRW urged the US to actually take the lead and urge: ‘the Security Council to press for an end to indiscriminate attacks on civilians in Syria including the government’s use of barrel bombs calling on all sides to release civilian detainees – including the thousands of people held by the Syrian government in inhumane conditions, and ensuring relief aid consistently reaches those in need.’341 The address concluded on an emotive note regarding the primary need to protect, rather than bomb civilians. Margon highlighted the nature of ISIS, which she believed to be enduring, as the US must accept their presence and focus on ways to best combat this. She ends by stating ‘if the US doesn’t take this step, far too many

335 Ibid. 336 Ibid. 337 Ibid. 338 Ibid. 339 Ibid. 340 Ibid. 341 Ibid.

76 people in Iraq and Syria will continue living in brutal conditions, under constant threat from a wide range of abusive actors, and without sufficient support for their most basic human needs.’342

The United Nations The NGOs address several entities of the United Nations, discussed here one by one: the Security Council, the Human Rights Branches and the Refugee Agency. The UN Security Council was referenced in a number of the articles. The need for the conflict in Syria and Iraq to be referred to the ICC by the Security Council was proposed by both NGOs. AI called on the UN Security Council ‘to refer the situation in Syria to the Prosecutor’ of the ICC, because the war crimes needed to ‘be independently and impartially investigated and the perpetrators identified and brought to justice.’343 In 2014, Houry advised the UN Security Council to ‘take steps to curb abuses and give a measure of justice to victims.’344 Houry provided two specific recommendations to the UN that would contribute to achieving this. Firstly, as AI suggested, the conflict should be referred to the ICC. Secondly, arms embargos should be imposed on groups that are found to be perpetrating violence. Houry identified ISIS as one of these groups. HRW also agreed with the UN-mandated Independent International Commission of Inquiry (COI) report of 16 June 2016, about the Syrian Arab Republic, which stated the need for the Security Council to refer the situation to the ICC because of the “unimaginable horrors” ISIS was committing against the Yazidis.345 However, in March 2016, HRW were informed by the Prime Minister of Iraq, Haider al-Abadi, the country would not become part of the court ‘out of apparent concern that the court would also be able to examine grave abuses by government security forces.’346 Additionally, Varia and Muscati referenced Resolution 1325. The resolution was adopted in 2000. It aimed to acknowledge and combat women and girls being

342 Ibid. 343 “Children among 15 civilians summarily killed in northern Syria.” Amnesty International. 344 “Syria: ISIS Summarily Killed Civilians,” Human Rights Watch, Last modified June 14, 2014, https://www.hrw.org/news/2014/06/14/syria-isis-summarily-killed-civilians 345 “UN Panel Reports on ISIS Crimes on Yezidis,” Human Rights Watch, Last modified June 21, 2016, https://www.hrw.org/news/2016/06/21/un-panel-reports-isis-crimes-yezidis 346 Ibid.

77 disproportionately affected during times of conflict. The resolution signalled a turning point whereby the Security Council ‘recognised women, peace, and security as central to its work.’347 Muscati described the resolution as addressing ‘the reality that women are targets in conflict’ through prescribing ‘increased participation of women at all levels of decision-making; protection of women and girls from sexual violence, and measures to address the concerns of women and girls during rebuilding communities damaged during international crises.’348 However, Varia and Muscati argued the principles that motivated the resolution were still absent from many countries, with women’s rights not being made a priority, thus encouraging the perpetrators to continue gender-specific violence. Varia argued the Security Council should actively ‘act to prevent and address sexual violence in armed conflict, including promoting greater participation of women in peacebuilding efforts.’349 The women need to be involved in conflict resolution processes, for example, as ‘prevention efforts, protection measures, and service provision will not succeed unless they are designed in consultation with the people they are meant to assist.’350 Additionally, she argued the council ‘should not dodge its responsibilities to survivors and should take strong action to support survivors and sanction those responsible for sexual violence.’351 If the Security Council were following Resolution 1325 this would not have to be suggested 15 years after it was put in place. However, Houry’s observation that ‘Russia and China paralyze UN Security Council action,’ preventing the organisation from making necessary decisions, could explain why the resolution has not been more successful.352 HRW reported on the United Nations Human Rights Council (UNHRC) in 2014 and 2015. Indeed, on 1 September 2014 HRW attended the 22nd Special Session of the UNHRC on the human rights situation in Iraq. HRW urged the council ‘to dispatch an investigation into serious violations committed by all sides, and to

347 “UN: Sexual Violence a ‘Tactic of War,’” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/un-sexual-violence-tactic-war 348 “Women and Girls Endure Unspeakable Horrors During War and the UN isn’t Doing Enough About it,” Human Rights Watch, Last modified July 10, 2015, https://www.hrw.org/news/2015/07/10/women-and-girls-endure-unspeakable-horrors-during- war-and-un-isnt-doing-enough-about 349 “UN: Sexual Violence a ‘Tactic of War.’” Human Rights Watch. 350 Ibid. 351 Ibid. 352 “Syria: ISIS Summarily Killed Civilians.” Human Rights Watch.

78 identify those responsible for serious violations with a view to ensuring that they are held accountable.’353 It made clear that progress would initially be slow, in the fight for accountability. However, due to the gravity of the crimes, the moral duty to try was greater than palpable results.354 On the same day, the UNHRC ordered a UN investigation into ISIS’ crimes. HRW’s recommendations were as follows: the ‘investigation should be prompt and thorough, and expanded to include serious abuses by Iraqi state forces and allied Shia militia.’355 In 2015, HRW continued to interact directly with external organisations’ work on improving the lives of the Yazidis. An article praised both the recommendations and conclusions of the UN OHCHR report. The report denounced ISIS’ actions, argued Iraqi security forces were carrying out war crimes, advised continuing investigations, and outlined the need for more civilian protection.356 However, HRW criticised the UNHRC’s one-sided response to the report, as they proposed a resolution, which focused on ISIS. HRW argued all sides of the conflict must be told to protect civilians. HRW believe civilian deaths caused by both sides, compromise attempts to stop ISIS’ actions, as it is less credible for one group to condemn another group’s actions, whilst carrying out the same set of actions. They argued the UNHRC’s credibility, as well as the countries involved in the US-led coalition, would be damaged if the resolution was implemented.357 AI focused on the UN Refugee Agency and its recommendations were centred on those displaced by the conflict. In August, AI praised the UN Refugee Agency for announcing an ‘imminent large-scale aid operation for half a million people displaced by the conflict in northern Iraq,’ and for designating ‘the humanitarian crisis in Iraq a “Level 3 Emergency” (the highest alert),’ as their

353 “Iraq: 22nd Special Session of the UN Human Rights Council,” Human Rights Watch, Last modified September 1, 2014, https://www.hrw.org/news/2014/09/01/iraq-22nd-special- session-un-human-rights-council 354 Ibid. 355 “Iraq: Forced Marriage, Conversion for Yezidis.” Human Rights Watch. 356 “UN Human Rights Council: Interactive Dialogue on High Commissioner’s report on the human rights situation in Iraq,” Human Rights Watch, Last modified March 25, 2015, https://www.hrw.org/news/2015/03/25/un-human-rights-council-interactive-dialogue-high- commissioners-report-human-rights 357 Ibid.

79 efforts prior to this had been insufficient.358 AI reiterated its disappointment in the tardiness of the UN’s response in their report “Ethnic cleansing on a historic scale.”359 The articles urged for displaced children to have access to education, an increase in funding in general for those displaced, and for the help to be better coordinated. Moreover, AI called on the UN to ensure the ‘registration of all those who have been internally displaced in order to ensure that their needs and vulnerabilities are properly assessed.’360 On a side note, the UN as a single entity was addressed at various points. It was repeated that they needed to provide money for necessary services for the Yazidis.361 For example, in 2014, HRW advised UN agencies to ‘increase medical and counselling services for displaced people who fled Islamic State military advances.’362 More specifically, with regard to sexual violence survivors, care should not ‘reinforce stigma or expose victims to reprisal.’363 Additionally in 2016, it was reported by HRW that ‘none of the former child soldiers or families of children who had joined armed groups who spoke to Human Rights Watch said they had accessed any rehabilitation programs’ that were meant to be provided by UN agencies.364 In 2017, HRW made a simple and concise observation that the UN has ‘struggled to provide the survivors of violence against Yezidi women who escaped ISIS with post-rape care and psychosocial support.’365 There have not been campaigns centred on the Yazidis exclusively. Amnesty’s “16 Days of Activism against Gender Based Violence” was noble in its

358 “Escape from Sinjar Mountain, but what next?” Amnesty International, Last modified August 20, 2014, https://www.amnesty.org/en/latest/news/2014/08/escape-from-sinjar- mountain-but-what-next/ 359 Amnesty International. Ethnic cleansing on a historic scale: Islamic State’s Systematic Targeting of Minorities in Northern Iraq. 6. 360 “Iraq: Dire winter conditions expose shocking gaps in humanitarian assistance for thousands displaced,” Amnesty International, Last modified December 19, 2014, https://www.amnesty.org/en/latest/news/2014/12/iraq-dire-winter-conditions-expose- shocking-gaps-humanitarian-assistance-thousands-displaced/ 361 “Raped by ISIS and Trying to Face the Future,” Human Rights Watch, Last modified April 14, 2015, https://www.hrw.org/news/2015/04/14/raped-isis-and-trying-face-future 362 “Iraq: Forced Marriage, Conversion for Yezidis.” Human Rights Watch. 363 Ibid. 364 “Iraq: Armed Groups Using Child Soldiers,” Human Rights Watch, Last modified December 22, 2016, https://www.hrw.org/news/2016/12/22/iraq-armed-groups-using-child- soldiers-0 365 “Iraq: Sunni Women Tell of ISIS Detention, Torture,” Human Rights Watch, Last modified February 20, 2017, https://www.hrw.org/news/2017/02/20/iraq-sunni-women-tell- isis-detention-torture

80 efforts, however due to the global, rather than conflict based, nature of the campaign I do not believe this significantly raised the profile of Yazidi females. HRW has not run a campaign involving the Yazidi genocide.

Conclusions This survey has shown that HRW appealed to the extremist group to halt their campaign between 2014 and 2017, but that Amnesty ceased its recommendations to ISIS after 2014. It is possible they believed focusing on other groups would produce better results, as opposed to ISIS, an armed group that makes a theatre of violence, and appears to want to send the world a message that this is non-negotiable. They do not respect the opinion of NGOs, as human rights standards are seemingly non- applicable to them and therefore condemning the group is not the most effective use of their time. The employment of legal rhetoric by HRW, could explain why the organisation continued to condemn ISIS, as by outlining the retributive justice the group may face is more threatening than the disapproval of NGOs. The region focused legal advice of both NGOs was virtually identical, with the need for prosecution of those committing crimes being at the forefront. They were also united in various criticisms regarding the governments’ approaches to displacement. Both NGOs presented their recommendations regarding female empowerment as part of the governments’ duties to the civilians. HRW and AI also triumph the importance of providing adequate medical care. HRW added valuable additions to concept of empowerment in the form of male education in the appropriate treatment of females, and giving women a seat at the table, particularly when gender specific topics are being discussed. The need for the international community to ‘translate its shock and horror at IS crimes and sympathy for Yezidi survivors of horrific sexual violence and other brutality into concrete actions’ was routinely prominent in the articles by both NGOs.366 Overwhelmingly the commentary by both NGOs in regard to European countries focused on the necessity for places where the refugees can live. There was even explicit disdain for the countries that did not share the burden with those housing refugees, namely Turkey and Greece. Only HRW gave general

366 “Iraq: Yezidi survivors of horrific abused in IS captivity neglected by international community.” Amnesty International.

81 recommendations at the US-led coalition. It is interesting to note that despite the airstrikes continuing throughout the years, the criticism of them by AI and HRW only appear in reports from 2014. It is not clear why. Finally, in comparison to HRW that targeted the UN throughout the years, AI did not direct their recommendations toward the UN after 2014.

82 Conclusion

We now return to Leach and Tadros’ statement of considerations, ‘why it matters and to whom; who is responsible for its cause; and what sort of action, by whom, should be taken.’367 These questions were addressed and answered over the course of this thesis. The Introduction outlined why the genocide matters, namely because of the grave human rights abuses being committed. The gravity of the abuses was elucidated throughout, and therefore the conflict as an ongoing topic that should matter was repeatedly reinforced. AI and HRW share similar current and past aspirations, broadly based on the right to basic human rights. They are intrinsically human rights focused NGOs that care about the conflict in question. Therefore, their archives were used to guide the remainder of the thesis, whereby who is responsible for the conflict’s cause, alongside the type of action, and who should enact said actions were considered. Subsequently, the question of responsibility was raised. The representation of those responsible for the genocide by the NGOs was quite simple, with ISIS acting as the single perpetrator of genocide. A wish to understand what drives perpetrators was only present in HRW’s articles, in contrast, Amnesty’s articles only implied why ISIS fighters were committing crimes against Yazidis. Both NGOs showed a commitment to meticulous research in order to present how the genocide emerged. In that sense, their base approach was virtually identical. However, here too a difference emerged: HRW included more details in its reporting. I attributed this disparity to the difference in number of employees, with HRW having 230 more than AI. This could therefore result in more people working on one topic, and indeed this appeared to be the case, with 17 HRW employees given credit for their work between 2014 and 2017. In comparison, a mere eight staff members worked on AI’s articles. By 2017 AI and HRW had apportioned blame, for the elongation of the conflict more broadly, to a multitude of groups. Due to the focus of the thesis being the Yazidi genocide, whereby members of ISIS were acting as sole perpetrators, up to the point of writing, they were the main group addressed in chapters two, three,

367 Melissa Leach and Mariz Tadros, “Epidemics and the Politics of Knowledge: Contested Narratives in Egypt’s H1N1 Response,” Medical anthropology 33, no.3 (2014): 241.

83 four and five. However, in the recommendations section we were more thoroughly introduced to other groups that both NGOs felt were contributing to the conflict. Both NGOs used statistics and interviews to guide their reporting on displacement and forced confinement. AI and HRW agreed that here the Yazidis were disproportionately affected. As the appendix shows, HRW wrote the most consistently on the issue of displacement, in a total of 71 articles. In contrast, Amnesty’s reporting on both topics petered out after 2014. They wrote 13 articles on the topic in 2014, the same number of the total articles written by the NGO in 2015, 2016, and 2017. Again, there is not a lack of interest in AI’s articles, there are simply less staff writing on the topic. The two organisations focused their attention on the killing of adult males, more specifically the unlawful nature of these ISIS killings. Much like their reporting on the other topics, both NGOs employed facts and figures, as well as interviews to convey the numbers and the ramifications. Again, the volume of information provided by HRW on male deaths surpassed that of Amnesty’s. Meanwhile, both NGOs repeatedly wrote on the enslavement and rape of females. The sheer volume is vast, and quite impressive considering the ongoing and recent nature of the conflict. Both groups have employees that specifically work on gender specific issues, which likely explains why the treatment of females has been focused on so consistently. Additionally, females have been affected in several unique ways by this conflict. Without intending to detract from the severity of killings, there is a finite number of ways to write about them. However, it is the job of NGOs to report, and therefore they reported on those victims that were kept alive -- the females. The sheer volume of information was difficult to condense, and the nature of the content added an ethical challenge: I, like Amnesty and HRW, would have preferred to give voice to each of these women whose basic human rights were stripped from them. Indeed, the two NGOs illuminate the loss of livelihood, childhood, and identity in a similar manner. Interviews and noticeably emotive language are used, much like in the passages about the enslavement and rape of females. Here one finds that apparently, detachment from one’s work is not always possible when fieldwork involving seeing the destruction, in its mental and physical form, is integral to an NGO worker’s job.

84 The question of action, and of who should take such action against various prescribed groups, then became relevant. Overall, HRW wrote more consistently and thoroughly on the plethora of areas where action was felt to be required. Appeals to ISIS to halt their campaign were provided by both NGOs, but Amnesty stopped such appeals after 2014, whereas HRW focused on the group between 2014 and 2017. My sense is that Amnesty stopped these appeals because it believed that only other groups could respond favourably to suggestions regarding their conduct by a well-respected NGO, thus being a more effective use of their time and resources. Meanwhile, HRW relied on legal rhetoric in their condemnation of ISIS, and thus eventually shifted from commentary to outlining the retributive justice to be faced by ISIS. Therefore, it created a potentially intimidating body of work, if ISIS read HRW’s articles, showing what would occur in a court of law. Additionally, the NGOs directed their attention to the Syrian, Iraqi and Kurdish Regional governments. The organisations’ advice mirrored one another, mainly focusing on the need for prosecution of those committing crimes, alongside criticism of how the governments’ approached the issue of displacement. The need for female empowerment in their arsenal of actions was particularly prominent in HRW’s work. As for medical care, both NGOs supported the need for it, but HRW expanded the remit to include the need for specific education of males on how females deserve to be treated, and for women to have a seat at the table. Attention was also routinely directed toward the international community and European cities by both organisations, and both argued that they needed to broadly do more to help. General recommendations to the US-led coalition came solely from HRW, and mainly pertained to legal action. The airstrikes were criticised by both organisations. It is remarkable that despite the airstrikes continuing throughout the years, both AI and HRW criticized them only in 2014. It is not clear why this is the case. Again, perhaps the viewpoint was like Amnesty’s with regard to addressing ISIS. Some groups are more susceptible to recommendations from external influences, and therefore they should be the focus for more impactful work. Much like with the appeals to ISIS, HRW’s recommendations to the UN were sustained between 2014 and 2017, whereas AI stopped post 2014. The Security Council, Human Rights Branches of the UN, the Refugee Agency, and the UN more

85 generally all received recommendations for certain actions. The main suggestions were for the situation to be referred to the ICC, and for the UNHRC to assemble a team of investigators with the purpose of identifying those responsible for crimes in Iraq. Additionally, the need for those displaced by the conflict to be helped, and for greater financial aid to be provided. Overall, we find that compared to AI, HRW was able to provide more detail, and to focus on certain aspects longer, most likely due to its larger staff and its wish to create a record for future judicial investigations.

Successes and Failures The NGOs would have been unable to remain in existence if their work had not been successful in whole, or in part. However, my thesis is looking at one conflict the organisations have reported on, and therefore my conclusions on their successes and failures are case specific. The pursuit of advocacy, justice and the creation of a historical record will be looked at. Gorvin’s article is utilised throughout this passage.368 Watson’s work is used, as well as one-on-one conversations I had with Wheeler, Rovera and Burjus. I completed my research prior to speaking to them, to ensure I was well informed about the details of the conflict. The conversations took place over Skype, after email exchanges.

Advocacy Advocacy is important to both NGOs, as they want their recommendations to be supported by the public and governments. I spoke to Wheeler regarding the concept of success, and she believes in human rights advocacy it is hard to apportion success.369 She argued that it is rarely possible to divide up what has happened and attribute a certain amount of impact as a direct result of one NGO. She also believed their work cannot be judged on a narrow set of rules. I, therefore, have not created a set of rules. I have looked at various instances to see where and how contributions were made.

368 Ian Gorvin, “Producing the Evidence that Human Rights Advocacy Works: First Steps towards Systematised Evaluation at Human Rights Watch,” Journal of Human Rights Practice 1, no.3 (2009): 477-487, accessed May 08, 2017, DOI:10.1093/jhuman/hup022 369 Skye Wheeler (Researcher in the Women’s Rights Division of Human Rights Watch), interviewed by Megan Fletcher over Skype, 06/07/2017

86 The organisations’ reports should in theory be a tool for advocacy, more generally. However, as Ken Miller, editor of The Independent, wrote, the ‘reports are almost exclusively read by a limited population of policymakers and analysts.’370 Therefore, I do not believe either NGO has been successful in raising a public profile for the Yazidis. There have not been campaigns centred on the Yazidis exclusively. Amnesty’s “16 Days of Activism against Gender Based Violence” was noble in its efforts, however due to the global, rather than conflict based, nature of the campaign I do not believe this significantly raised the profile of Yazidi females. HRW has not run a campaign involving the Yazidi genocide. Additionally, having looked at major news sources the organisations are rarely referenced. For example, the New York Times only referenced AI and HRW twice in the same articles between 2014 and 2017. The New York Times was chosen to elucidate the commentary, as it is regarded as the paper of record in the US. It is a greatly respected news medium with a significant reputation and amount of authority. The paper influences public opinion with a daily circulation of 1,865,318. On a personal note, I can add in the many conversations that I have been involved in when asked about the topic of this M.A. thesis, people were not aware of the Yazidi genocide, despite it having occurred for over the past three years. I believe this shows a failing more generally in the news media, whereby the Yazidi genocide has not entered the consciousness of the general population. Gorvin outlined why HRW moved away from their previous ‘strong attachment to interpreting visibility – especially our presence in major US media outlets – as a measure of success per se, even if that visibility did not produce the real success we were seeking.’371 He argued in the current thinking, success does not come from being featured in newspapers, it is derived from whether ‘any of the outputs are or have the potential to be instrumental in delivering actual outcomes.’372 Therefore, our attention should now turn to HRW’s attempts to deliver these outcomes. It is clear that HRW, more so than Amnesty, has ensured policy makers are aware of events. HRW attended the UN Human Rights Council 22nd Special

370 Ken Miller, “Crossing Borders: Human Rights Watch International Film Festival,” The Independent Film & Video Monthly 25, no. 5 (2002): 36. 371 Gorvin. “Producing the Evidence that Human Rights Advocacy Works.” 481. 372 Ibid., 480.

87 Session on the human rights situation in Iraq. The organisation’s suggestion for a UN investigation into ISIS’ crimes was enacted the same day. This was certainly a success for the NGO. Wheeler spoke to me about the pressure HRW is able to put on situations when they attend important meetings, such as these. For me, this highlighted the power of their reporting. The real impact is found when the information they have discovered is presented to those with the power to prosecute. Wheeler described war as an ‘overwhelming enormous juggernaut,’ and said ‘it’s hard to work on those big conflict and see change, but you keep fighting because there are sometimes wins. We hope that in a tiny way we’re contributing to a general point of view on conflict, which is that civilians should be protected in them.’373 HRW’s interaction with the US was not as successful. Margon spoke to the Senate Foreign Relations Committee in 2014, regarding the airstrikes. The content of her argument was outlined in Chapter VI. None of her suggestions were followed. I think Wheeler’s point is pertinent to HRW’s interaction with the US: ‘you [the US] can’t ignore other abuses because it doesn’t seem that you’re likely to make any change any time soon.’374 The US must realise different countries should not be treated differently for the same crimes. Moreover, as Wheeler outlined to me, the women’s rights division in HRW had undergone a ‘movement towards not only advocating for an end to abuses but to service provision.’375 It is a little-known but important distinction: HRW was very much concerned about the women that did manage to escape from the horrific abuse. This resulted in service provision being a priority, making sure the females have access to health and mental health care. Begum and Muscati did the first piece that raised the issue of psychosocial care, and indeed engaged themselves in advocacy after their research. Wheeler informed me there was a large injection of money into provision into mental health care for Yazidi survivors. She was reluctant to quantify how much of this was due to Begum and Muscati and other humanitarians advocating for the same cause. Gorvin’s article articulated this issue, ‘we anticipated that it will prove difficult to

373 Wheeler. Interviewed by Megan Fletcher. 374 Ibid. 375 Ibid.

88 isolate the impact of any individual actor in a shared or common advocacy effort.’376 Wheeler was ultimately of the belief that they contributed; Begum and Muscati were in agreement with her. Wheeler had returned a year later to see what had been done and said that in comparison to other conflicts and humanitarian responses, a significant amount of money and energy was being put into mental health care and psychosocial support. She said the quality and access was mixed. It did leave her with a lasting interest on what is adequate support for survivors of extreme forms of abuses. Wheeler does not believe this is easy to answer. My conversation with her prompted me to think of a section in Gorvin’s article where he stated, ‘we succeed only when our actions lead to positive and sustainable change. We are never complacent, always on the lookout for new opportunities to advance our cause.’377 Despite going to see a successful initiative, Wheeler still noted the mixed access and quality. Therefore, always looking for new ways to improve human rights situations, even arguably predominantly successful ones. On a side note, Begum and Muscati’s work on the mass graves did not produce such successful results. Having spoken to, the Deputy Director of Yazda, Burjus informed me the graves were still being tampered with, were not guarded, and no teams had been dispatched. Wheeler pointed out another, obvious failing of the NGOs: the genocide has not ended. However, making advocacy recommendations about a conflict on such a scale is ambitious, with some being arguably unachievable. As Gorvin stated, if only ‘champagne moments’ were pursued it would be selling ‘fundamental human rights short,’ for the ‘sake of being able to say that advocacy works.’378 Ultimately, trivialising the work of human rights focused NGOs.

Justice Thus, in the materials studied for this M.A. thesis, HRW’s active pursuit of justice has been more prominent than AI’s. Yet Rovera was adamant to me that their aim is ‘justice’ and those committing the crimes need to be held accountable. Wheeler explained, ‘HRW at large, perhaps even more than other human rights

376 Ibid. 377 “About,” Human Rights Watch, Last modified n.d. https://www.hrw.org/about 378 Gorvin. “Producing the Evidence that Human Rights Advocacy Works.” 483.

89 organisations, is very concerned with justice.’379 She noted that she was ‘not speaking about the broad spectrum of transitional justice,’ rather HRW retributive justice for ‘massive human rights abuses, war crimes, genocide and crimes against humanity. Big international crimes.’380 These crimes fit the case of the Yazidis, which produces a partial explanation for their increased interest in the conflict. As noted in the final chapter, both organisations repeatedly make recommendations to a variety of groups to refer the situation to the ICC. It is important to make recommendations that are steeped in considered justifications, even if they will not be fulfilled, rather than simply pursuing the ‘low hanging fruit.’381 Gorvin argued, ‘we operate in an environment… where commentators increasingly express skepticism about the value of condemning human rights abuse in the absence of an appetite among influential governments to apply meaningful leverage.’382 I believe AI and HRW’s recommendations not being enacted in relation to the ICC is more complex than the NGO’s being unsuccessful, or not pursuing the correct advocacy line. AI and HRW want the situation, as a whole, to be referred to the ICC. It seems this will not occur, due to the US, UK, and Iraqi governments all being at risk of being found guilty of crimes. Therefore, an ISIS-centric approach to justice will be followed, if justice is pursued at all by the international community. Wheeler articulated that there were significant challenges for a referral to an international court by the Security Council, because, as I stated the UK and US could be classed as abusers. She believes it is ‘shocking what the Security Council hasn’t done on Syria’ as HRW cannot get anything through.383 Wheeler argued it is a ‘world governing body, meant to pass resolutions and stand by them in order to protect people’s human rights, but doesn’t always work very well because countries have their own interests that they put above human rights interests.’384 Therefore, HRW began to focus on research that had ‘a clear opportunity for change.’385 She believes ‘we do the best we can, but when it comes to really massive international

379 Ibid. 380 Ibid. 381 Gorvin. “Producing the Evidence that Human Rights Advocacy Works.” 483. 382 Ibid., 473. 383 Wheeler. Interviewed by Megan Fletcher. 384 Ibid. 385 Ibid.

90 crimes being committed against thousands of people it’s really hard. Those things don’t stop easily.’386 Ultimately, it is too early to formulate judgements on whether the NGOs’ attempts at justice were successes or failures, as the genocide is ongoing.

Historical Record Despite the emphasis on justice by Wheeler, she did note it is still ‘important to document the abuses and to provide information about how individuals are suffering and how individual rights are being trampled by a massive war.’387 Both NGOs have contributed to the historical record on the genocide, and conflict more generally. As noted throughout my thesis, Amnesty’s archives are smaller, but still contain essential documentation that if, and when, these crimes are brought to a court of law can be used. Remarkably, Wheeler herself did not believe their body of work is extensive. She believes it is limited in regard to the Yazidis, as HRW did not produce a big piece of work describing the conflict and its impact on the Yazidis. She does not posit HRW as an expert on the Yazidis or what happened to them. However, I still believe the total amount of work by HRW is considerable. I spoke to Rovera about the significance of historical records, and she believes their work is ‘not just for the sake of history. It is so that investigations can be carried out and ultimately there can be accountability for the perpetrator and justice for the victim.’388 It is striking how AI and HRW never personally declared ISIS perpetrators of genocide, whereas Yazda and the UN have. When I asked Wheeler why this was the case, she said this was because,

…We never did enough research to be able to make a statement like that. To be able to make a determination of genocide we would have to be able to paint a picture that explains why as an organisation we are certain that there

386 Ibid. 387 Ibid. 388 Donatella Rovera (Amnesty International’s Senior Crisis Response Adviser), interviewed by Megan Fletcher over Skype, 01/09/2017

91 was intent. And we don’t have to prove intent but show why we think it was intentional. At the minimum we’d have to do that.389

Given Amnesty’s smaller amount of research, one can apply the same logic to why they did not class it as genocide. Wheeler also related it to the question of advocacy and trying to do work that is needed. HRW felt as an organisation that there had been so much attention on the Yazidi situation, in regard to news coverage, organisations actively engaged and donors, the international community, the whole region, and the UN. She said, ‘everyone was shocked and determined to act,’ citing the ‘massive war against ISIS, that continues today. In terms of research that was going to provide information, and analysis to move the conversation forward’ more light needed to be shed on other issues within the same region, as it is one theatre of war with many different conflicts in it.390 Watson, who studied HRW as an organisation as a whole, wrote ‘HRW has a history of support for causes where there may otherwise be little support… It was the only international human rights group to be stationed continuously on the Chechen border during the Russian assault.’391 Watson’s observation adds to Wheeler’s point that they will move their focus elsewhere if too many groups start to work on it. Rovera described it in the following terms, ‘today the Yazidi cow is one that everyone wants to milk.’392 Looking to the future, it is clear that, as Rovera told me, ‘the role of the NGOs is only one in the bigger picture.’393 I do, however, view their role as a vital one for this on-going conflict that shows no sign of justice being brought to the victims.

389 Wheeler. Interviewed by Megan Fletcher. 390 Ibid. 391 Alison Watson, “Global Monitor. Human Rights Watch,” New Political Economy 9, no. 3 (2004): 443, accessed May 3, 2017, DOI: 10.1080/1356346042000259875 392 Rovera. Interviewed by Megan Fletcher. 393 Ibid.

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“UN Human Rights Council: Interactive Dialogue on High Commissioner’s report on the human rights situation in Iraq.” Human Rights Watch. Last modified March 25, 2015. https://www.hrw.org/news/2015/03/25/un-human-rights-council-interactive- dialogue-high-commissioners-report-human-rights “UN Panel Reports on ISIS Crimes on Yezidis.” Human Rights Watch. Last modified June 21, 2016. https://www.hrw.org/news/2016/06/21/un-panel-reports-isis- crimes-yezidis

“UN: Sexual Violence a ‘Tactic of War.’” Human Rights Watch. Last modified April 14, 2015. https://www.hrw.org/news/2015/04/14/un-sexual-violence-tactic-war

Watson, Alison. “Global Monitor. Human Rights Watch.” New Political Economy 9, no. 3 (2004): 441-453. Accessed May 3, 2017. DOI: 10.1080/1356346042000259875

“What We Do.” Amnesty International. Last modified n.d. https://www.amnesty.org/en/what-we-do/

“What Will Happen to the Yezidi Sex Slaves in Mosul?” Human Rights Watch. Last modified October 31, 2016. https://www.hrw.org/news/2016/10/31/what-will-happen- yezidi-sex-slaves-mosul

102 Wheeler, Skye. Interview by Megan Fletcher. 6 July 2017

“Who We Are.” Amnesty International. Last modified n.d. https://www.amnesty.org/en/who-we-are/

“Why has the World Forgotten Islamic State’s Female Sex Slaves?” Human Rights Watch. Last modified April 14, 2016. https://www.hrw.org/news/2016/04/14/why-has- world-forgotten-islamic-states-female-sex-slaves

“Why ISIS immune to ‘naming and shaming’.” Human Rights Watch. Last modified August 28, 2014. https://www.hrw.org/news/2014/08/28/why-isis-immune- naming-and-shaming

“Women and Girls Endure Unspeakable Horrors During War and the UN isn’t Doing Enough About it.” Human Rights Watch. Last modified July 10, 2015. https://www.hrw.org/news/2015/07/10/women-and-girls-endure-unspeakable- horrors-during-war-and-un-isnt-doing-enough-about

“World Report 2015: Iraq.” Human Rights Watch. Last modified January 11, 2015. https://www.hrw.org/world-report/2015/country-chapters/iraq

Yazda. Yazidi Refugees in Greece, Turkey, Syria and Iraq seek legal admission to Germany. 2016.

“Yezidi’s in Mosul; Gambia Crackdown; Amnesty’s Moscow Office Shuttered; HRW Daily Brief.” Human Rights Watch. Last modified November 2, 2016. https://www.hrw.org/the-day-in-human-rights/2016/11/02

“Yezidi Women After Slavery: Trauma.” Human Rights Watch. Last modified April 18, 2016. https://www.hrw.org/news/2016/04/18/yezidi-women-after-slavery-trauma

103 Appendices

Abbreviations

AI, Amnesty International COI, Commission of Inquiry on Human Rights mandated by the UN HRW, Human Rights Watch ICC, The International Criminal Court ISIS, The Islamic State KRG, The Kurdish Regional Government KRI, The Kurdistan region NGO, Nongovernmental organisation PKK, The Kurdistan Workers’ Party UDHR, Universal Deceleration of Human Rights of 1948 UN, The United Nations UNHRC, United Nations Human Rights Council U.S., The United States YPG, A Kurdish armed group, the People’s Protection Unit

104 The northern regions of the Syrian Arab Republic and the Republic of Iraq

Source: The United Nations, “They came to destroy”: ISIS Crimes Against the Yazidis (Distr.: Restricted: The United Nations Human Rights Council, 2016), p.41.

105 Chronology of main events 2014 14 January. Raqqa, a city in northern Syria, fell to ISIS.

29 May. AI and HRW began their reporting on the conflict in 2014, triggered by the same incident carried out by ISIS, in a village in northern Syria, al-Tleiliye in the al Hassake governorate.

10 June. Mosul, the second largest city in Iraq, fell to ISIS.

11 June. Tikrit, a city in Iraq, fell to ISIS.

12 June. ISIS imposes Islamic rules on Mosul.

18 June. Iraq requests the US conduct airstrikes against ISIS.

21 June. Three Iraqi towns and the strategic border crossing between Syria’s Deir Ezzor province and Iraq fell to ISIS.

29 June. Abu Bakr al Baghdadi, the ISIS leader, declared a caliphate from Aleppo in Syria to Diyala in Iraq.

3 July. Al-Omar, Syria’s largest oil field, fell to ISIS.

2-3 August. ISIS successfully took over the Kurdish towns of Sinjar and Zumar, resulting in the deaths of thousands of Yazidi men, and the displacement of thousands of Yazidi civilians.

3 August. Mosul Dam fell to ISIS.

6 August. Kurdish forces become part of the fight against ISIS.

106 8 August. US President Barack Obama sanctions the first air strike. The bombs are dropped outside the Kurdish city of Erbil. Additionally, the Iraqi parliament passed a resolution accusing ISIS of genocide.

15 August. ISIS carried out a massacre in a Yazidi village in northern Iraq.

18 August. ISIS kills over 200 Yazidi men in Kojo, Iraq.

5 September. The formation of the US-led coalition, with Britain, France, Germany, Canada, Australia, Turkey, Italy, Poland and Denmark, is announced. The Pentagon names the campaign “Operation Inherent Resolve,” on October 15.

16 October. ISIS is pushed back from Kobani, a city in Syria.

8 November. ISIS leader, al-Baghdadi, is reportedly wounded in a coalition air strike near Mosul.

19 December. ISIS is pushed out of most of the Sinjar region.

2015 18 January. ISIS releases an estimated 250 Yazidis.

26 January. Kurdish fighters, aided by the US-led coalition, gain control of the Syrian border town of Kobane, after four months of fighting.

24 February. Final ISIS stronghold in Aleppo province fell.

25-26 February. Airstrikes are launched by the US-led coalition in northeastern Syria.

25 March. The US-led coalition starts air strikes on Tikrit.

1 April. Iraq proclaims victory over ISIS in Tikrit.

107

8 April. ISIS releases over 200 Yazidi captors, in northwestern Iraq.

2 May. ISIS murders 300 Yazidis in captivity in Iraq.

13 May. The deputy leader of ISIS (Abu Alaa Afri) is killed in US-led coalition air strike.

17 May. Ramadi, a city in Iraq, fell to ISIS.

20 May. Palymyra, an ancient city in Syria, fell to ISIS.

22 May. ISIS controlled half of Syria’s land and all border crossing points in Iraq.

15 June. Syrian Kurdish fighters gain control of the town of Tal Abyad on the Turkish border.

23 June. Kurds gain control of a key military base for ISIS militias, Ain Issa, north of Raqqa.

24 July. Turkey launched their first airstrikes against ISIS targets in Syria.

30 September. Airstrikes carried out by Russia begin in Syria. Russia alleges to solely target ISIS. The US believe the strikes target civilians and Western-backed rebels.

9 October. Six villages near Aleppo fell to ISIS.

15 October. Iraqi forces recapture Baiji refinery, the biggest oil refinery in Iraq.

13 November. The northern Sinjar region is recaptured from ISIS, by Iraqi Kurds.

15 November. France’s airstrikes increase in Raqqa.

108

1 December. US Special Operation Forces will be sent to support Iraqi and Kurdish fighters in Iraq, as announced by Defence Secretary Carter.

2016 9 February. Ramadi, capital of the Iraqi province of Anbar, is recaptured from ISIS, who seized it in May 2015.

11 April. Hit, a town in Iraq is recaptured by Iraqi forces. ISIS seizes Rai, a town on the Turkish border.

5 May. ISIS seized the Shaer gas field in Syria.

19 May. Iraqi forces recapture Rutbah, a town in western Iraq.

24 May. The US supports Kurdish forces in an offensive on territory north of Raqqa.

26 June. Iraqi forces recapture Fallujah, a city in Iraq.

6 August. Manbij, a town in northern Syria, is recaptured by the Syrian Democratic Forces coalition of Arab and Kurdish fighters backed by US-led coalition.

Mid-October. Syrian rebels recapture Dabiq, a town in Syria.

17 October. An operation to retake Mosul began, led by a coalition of Iraqi federal and Kurdish forces backed by US-led coalition.

2017 January. Iraqi forces recapture the east side of Mosul.

19 February. The Iraqi Prime Minster, Haider al-Abadi, declares an operation to recapture the west back of Mosul.

109

2 March. Syrian troops recapture Palmyra.

6 June. US-led coalition announced offensive to recapture Raqqa.

29 June. US-led coalition surrounded Raqqa, as announced by a Pentagon spokesman. Mosque in Mosul is reclaimed by Iraq. Haider al-Abadi announces the caliphate has fallen.

9 July. Haider al-Abadi declared Mosul was fully liberated from ISIS.

110 Relevant employees of AI and HRW

Fred Abrahams, Associate Director, HRW Rothna Begum, Researcher in the Women’s Rights Division, HRW Bill Frelick, Director of the Refugee Rights Program, HRW Lydia Gall, Researcher for the Eastern Europe and Western Balkans Division, HRW Andrew Gardner, Turkey Researcher, AI Kondylia Gogou, Greece Researcher, AI Nadim Houry, Deputy Middle East and North Africa Director, HRW Izza Leghtas, UK Researcher, HRW James Lynch, Researcher on Refugee and Migrants’ Rights, AI Lynn Maalouf, Deputy Director for Research at the Beirut regional office, AI Sarah Margon, Washington Director, HRW Samer Miscati, Senior Researcher in the Women’s Rights Division, HRW Catherine Murphy, Director of the Gender Sexuality and Identity Programme, AI Zama Neff, Executive Director of the Children’s Rights Division, HRW Francesca Pizzutelli, Researcher and Advisor on Refugee and Migrants’ Rights, AI Kenneth Roth, Executive Director, HRW Donatella Rovera, Senior Crisis Response Adviser, AI Joe Stork, Deputy Director for the Middle East and North Africa Division, HRW Letta Tayler, Senior Researcher in the Emergencies Division, HRW Nisha Varia, Advocacy Director for the Women’s Rights Division, HRW Skye Wheeler, Researcher in the Women’s Rights Division, HRW Sarah Whitson, Executive Director of the Middle East and North Africa Division, HRW Christopher Wilcke, former Senior Researcher in the Middle East and North Africa Division, HRW Belkis Wille, Senior Iraq Researcher, HRW

111 Number of articles about the Yazidis per year The first graph begins in June, as this is when Amnesty and HRW started to write about the persecution of the Yazidis. The final graph ends in May 2017, as this marks the end of my research.

6

5

4

3

Amnesty International 2

Numbers of Articles Human Rights Watch

1

0

2014

7

6

5

4

3 Amnesty International

Number of articles 2 Human Rights Watch

1

0

2015

112 7

6

5

4

3 Amnesty International Human Rights Watch 2

1

0

6

5

4

3 Amnesty International Human Rights Watch 2

1

0 January February March April May

113