Justice for ISIS Child Suspects

What is happening in Iraq
An infographic displays the treatment of children by the authorities. Source: Yahoo Images.

The Human Rights Watch collected evidence in between January and June 2020 that closely reviewed the trial cases of 75 alleged child offenders who were recruited by the Islamic State (ISIS). The cases had led to the misconstrued holding of the children, but upon review, the Human Rights Watch ordered the release of the children, using reasons like a lack of evidence and preventing double jeopardy, as well as provisions of Iraq’s amnesty law. The 2016 Iraq Amnesty Law offers amnesty to persons who can show that they joined ISIS or another terrorist group against their will and did not commit a serious offense prior to joining the group.For years, Iraqi and Kurdistan judicial authorities have charged hundreds of children with terrorism for alleged ISIS affiliation. Several of the charges have been based on the dubious accusations and forced confessions of these children, regardless of the extent of their involvement with ISIS, if any. Such behavior from authorities has led to an international norm that children recruited by armed groups should be treated as victims, first and foremost, not as criminals.

In January 2020, a committee formed under the Nineveh Federal Court of Appeal and Bar Association, consisting of a judge, a general prosecutor, and a social worker. This committee adjudicated the cases of suspects who were children at the time of their alleged alliance with ISIS. The approach taken by this committee was one of compassion and complied very well with acknowledging the human rights of these child suspects. In June 2020, Iraqi judicial authorities dissolved the committee, saying it had reviewed all the pending cases, but another committee in Nineveh, Iraq, continued adjudicating such cases. In August 2020, an anonymous source close to the Nineveh Bar Association told the Human Rights Watch that the committee had reviewed 300 case files before being disbanded in June. They convicted 202 people, dropped charges against and released 31, and pardoned and released 44 under Iraq’s 2016 Amnesty Law. Three cases were dropped because the defendant had already served a sentence for the same crime, so to not invoke double jeopardy, the committee permanently ceased proceedings against the three people.

Arrested child suspects line a corridor, awaiting response from the police
Arrested child suspects line a corridor, awaiting response from the police. Source: Yahoo Images.

The committee, unlike other Iraqi courts, attempted to review individual cases more fairly and better apply international standards. By doing so, it was able to convict the guilty and release the innocent, which Iraqi courts do not have the best record for. In the Iraqi-Kurdistan regions, children have been tried in Kurdistan and re-tried for the same crime in Baghdad-controlled territory, with courts ignoring whether or not the child had been acquitted or convicted and already served a sentence in Kurdistan.

This has been the case since the advent of ISIS in Iraq: hundreds of children have been charged with crimes of terror, and such convictions have been justified under Iraq’s 1983 Juvenile Welfare Act. The Act states that the minimum age of criminal responsibility is 9 in Iraq and 11 in the Kurdistan region. Children that are under 18 at the time of the alleged crime are sent to a “youth rehabilitation school” which is designed to provide social rehabilitation and reintegration via educational or vocational training. However, a source within the Tal Kayf prison said that “the cells are identical to those for adult detainees, with no access to any reading or studying materials besides the Quran.”

What needs to be done?

The Nineveh committee is the first step towards attaining a more efficient and fair judicial system in Iraq where ISIS affiliation does not automatically translate to imprisonment. Children should only be detained as a last resort and for the shortest appropriate period, in compliance with international law. Countries should provide proper assistance for children illegally recruited by armed groups and/or forces, including assistance for their physical and psychological recovery and social reintegration. The Iraqi government and Kurdistan Regional government should amend their counterterrorism laws to end the detention and prosecution of children solely for participating in ISIS training or membership with recognition of international law that prohibits recruiting children into armed groups. And the High Judicial Council should permit committees to delve into more counterterrorism cases to avoid the trend of double jeopardy, while instructing judges across Iraq to release all children who have not committed crimes and ensure their proper rehabilitation and reintegration.

In the first half of 2020, Iraq has taken an essential step towards protecting the rights of children rather than trampling them. But this progress is at risk of Iraqi officials do not implement such steps elsewhere.

The CRPD: Path to Inclusion

UN General Assembly. Photo by Aseel Hajazin.

It has been almost been two months since the Institute for Human Rights at UAB has gone to the United Nations and the experience is still so surreal. I have always dreamed about one day working for the United Nations; I just did not realize that the opportunity would come so soon. This was also my first time in New York and actually in a lively city, so I was also really looking forward to that experience. Our team was not only going to the UN for a tour but to work. As a rapporteur, I took notes and summarized the comments made by the participating countries during the general debate and concluding conference.

Even though every delegate of their respective country has meaningful contribution to the conference, the countries that stood out the most to me was my home country of Jordan, and my host country, Saudi Arabia. In the Arab World, persons with disabilities are unfortunately sometimes invisible members of society. The conference changed my perspective on the inclusion of Arab people with disabilities in their home countries. I was fortunate enough to interact with many Arabs with disabilities in the conference and listen to their experiences. The statements that stood out to me expressed feelings of relief due to an acknowledgment by their governments; noting a significant improvement of inclusion of persons with disabilities in society, through the implementation of special programs focusing on the education and recreational needs of people with disabilities that were not present 20 years ago.

When I was 12 years old, I visited a school called The Lady of Peace in Amman, Jordan. This school focuses on providing both the educational, recreational and psychological needs of all people with disabilities. I mentioned this to one of the fellow Jordanians participating in the conference, and she knew exactly which school I was talking about! She updated me on the school and let me know they have become very involved in advocating for the rights of people with disabilities by attending conferences throughout Amman. They are not only focusing their attention on providing these services but also promoting disability rights as human rights. She also highlighted that even though the school is a Christian led organization, both Muslims and Christians respectfully come together to help organize fundraisers to continue help the school keep it functioning. The Lady of Peace continues to have a strong sense of unity and community, even after all of these years.

For me, the most impactful moment of the whole conference were the comments made by the delegate of Iraq. They highlighted how global factors need to begin focusing on people affected by disabilities due to war and violence. The delegate mentioned how before violence and war, many of the refugees were not previously disabled. Global assistance and humanitarian efforts need to focus on helping these people adapt to their new situation by providing both technological and psychological assistance and support. Before the conference, the concept of disability due to violence never crossed my mind, and after the delegates remarks I experienced an “ah-ha” moment. The media, when reporting of refugees, focuses on the health and shelter of refugees but not once have I personally heard the media report on the struggles faced by people with disabilities. Initially, I was disappointed in myself for overlooking this population. I now realize that I need to take advantage of my awareness of the reality of disability and war, advocating for awareness to other members of society.

My favorite moment of the whole conference were the comments made by the delegate of Mexico. She was very vibrant and uplifting and reminded members of the conference that we need to change the way we portray people with disabilities. We as a society discuss disability we need to make it fun, exciting and in her words “sexy.” I enjoyed her remarks because she reminded us that we do not have to remain serious all the time when discussing disabilities, and if we want members of our society to care about disability rights, we need to approach the topic in a more engaging and optimist manner.

Overall, this experience was humbling. Throughout the conference, I felt surrounded by love, acceptance, and people who want to make a genuine change in the world. I learned so many different concepts from how the UN operates to what members of our society can implement regarding policy to influence change and real results. I hope one day to have the opportunity to return to the UN and work for them. Thank you to Dr. Reuter for this opportunity, and thank you to my team for making this trip so memorable. I will never forget this opportunity and will definitely cherish it forever.