A new commentary by the Coalition for Just Reparations (C4JR), with technical legal support from an expert affiliated with Justice Rapid Response (JRR), examines Iraq’s 2026 draft law on the prosecution of core international crimes. The publication proposes comprehensive amendments to strengthen national accountability mechanisms, protect survivors’ rights and bring Iraqi legislation into line with international standards.
Background
In 2014, the Islamic State of Iraq and the Levant (ISIL/Daesh) committed widespread and systematic atrocities against civilians across Iraq. These crimes included the genocide of the Yazidi community, as well as crimes against humanity and war crimes committed against Yazidis and other communities, including Christians, Turkmen, Shabak, Kaka’i and Shi’a Muslims.
Thousands of people were killed, subjected to sexual violence and enslavement, forcibly displaced, arbitrarily detained, tortured or disappeared. The consequences of these crimes continue to affect survivors, their families and entire communities.
Although Iraq has made significant efforts to hold ISIL members accountable, prosecutions have overwhelmingly been brought under counter-terrorism legislation rather than explicitly addressing genocide, crimes against humanity and war crimes. Consequently, the full nature and gravity of the atrocities, the specific harms suffered by victims and survivors, and the impact on targeted communities have not been fully recognised through the criminal justice process.
The adoption of the Yazidi Survivors Law in 2021 marked an important milestone in recognising the crimes committed by ISIL against Yazidis and other affected communities as genocide and crimes against humanity. However, Iraq still lacks comprehensive legislation providing national courts with the legal framework needed to prosecute core international crimes in accordance with international standards.
Strengthening the Legal Framework for Accountability
In Closing the Accountability Gap, C4JR welcomes the 2026 draft legislation while presenting a detailed, article-by-article legal analysis and proposed amendments. The recommendations address several key areas:
- Survivor-centred justice and mandatory reparations: Ensuring victims and survivors can participate meaningfully in proceedings, access legal representation and receive protection and support. The commentary calls for courts to order reparations, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
- Specialised judicial and investigative capacity: Establishing competent courts and specialised investigative units, supported by judges, prosecutors and other personnel with the knowledge and training required to handle complex international crimes.
- Alignment with international legal standards: Bringing the definitions of genocide, crimes against humanity and war crimes, as well as forms of criminal responsibility, into line with international law.
- Jurisdiction and the principle of ne bis in idem: Strengthening jurisdictional provisions, including territorial, nationality-based and universal jurisdiction, and clarifying when previous proceedings should not prevent prosecution for international crimes.
- Penalties and sentencing: Removing the death penalty from the draft law and providing for proportionate sentences, with life imprisonment as the maximum rather than a mandatory punishment.
- Evidence and international cooperation: Establishing a clear legal basis for Iraqi courts to consider evidence collected by UNITAD, national authorities, international bodies and other relevant sources, while strengthening international cooperation.
Together, these proposed amendments aim to ensure that Iraq has an effective legal framework to investigate and prosecute serious international crimes, recognise survivors’ rights and address impunity.
Developed Through Research and Consultation
The commentary builds on C4JR’s longstanding engagement in advocating for accountability for ISIL atrocity crimes in Iraq. It follows the Coalition’s August 2022 Position Paper on an ISIL Accountability Mechanism in Iraq and its continued advocacy for legislation enabling Iraqi courts to prosecute genocide, crimes against humanity and war crimes.
The recommendations are the outcome of six months of desk research and consultations with Iraqi civil society organisations, survivors of ISIL atrocity crimes and legal experts. They reflect the views and preferences gathered through this process and are informed by international standards and best practices in the prosecution of international crimes.
The development of the proposals was initiated and coordinated by Yazda, a member organisation of C4JR, with technical legal support from an expert affiliated with Justice Rapid Response (JRR).
A Call for Action
C4JR urges the Iraqi Government and the Council of Representatives to prioritise the 2026 draft law and ensure its timely consideration and adoption. This process should include meaningful consultation with survivors, civil society organisations and other relevant stakeholders.
The need for a comprehensive legal framework is particularly urgent following the transfer to Iraq of nearly 5,700 men and boys suspected of links to ISIL from Syria in early 2026. Any individuals suspected of responsibility for international crimes must be investigated and, where sufficient evidence exists, prosecuted through fair, independent and victim-centred proceedings that fully respect due process and the rights of the accused, including the specific protections owed to children.
Establishing a comprehensive legal framework for the prosecution of core international crimes is essential to holding perpetrators accountable, recognising survivors’ rights, contributing to an accurate historical record and preventing future atrocities.
About the Organisations
Coalition for Just Reparations (C4JR)
The Coalition for Just Reparations is an alliance of Iraqi civil society organisations working to advance reparative justice for civilian victims of atrocity crimes perpetrated during the ISIL conflict in Iraq. C4JR advocates for the recognition of victims’ rights and the fulfilment of Iraq’s obligations to provide reparations and justice.
Yazda
Yazda is a non-governmental, non-profit organisation established in 2014 in response to the genocide committed by ISIL against the Yazidis and other minorities in Iraq. The organisation works with local and international partners to provide humanitarian, accountability, advocacy and development support to vulnerable minority communities. Its work is guided by community- and survivor-centred approaches.
Jiyan Foundation for Human Rights
Jiyan Foundation for Human Rights is a charitable organisation that supports survivors of human rights violations, defends fundamental freedoms and promotes democratic values. It provides mental health and medical treatment, alongside other support services, to survivors of trauma, torture, domestic violence and other human rights violations across the Kurdistan Region of Iraq, Iraq and Syria.
Download the Full Publication
Read the full commentary, including the 2026 draft law, C4JR’s proposed amendments and the accompanying legal analysis.
