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1
Nicolaus, Peter y Serkan Yuce. "Sex-Slavery: One Aspect of the Yezidi Genocide". Iran and the Caucasus 21, n.º 2 (21 de junio de 2017): 196–229. http://dx.doi.org/10.1163/1573384x-20170205.
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Even though almost three years have passed since the black banners of the terror organisation, calling themselves the “Islamic State of Iraq and Syria” (ISIS) were first hoisted throughout the Yezidi heartland of Sinjar, the Yezidi community continues to be targeted by ISIS, militias. 300,000 vegetate in camps as Internally Displaced Persons (IDP) in Iraqi Kurdistan; thousands of others have been killed, are missing, or remain in captivity where they are subjected to unspeakable sexual and physical abuse. With deference for these victims of violence, and without detracting from the collective suffering and trauma of the entire Yezidi community of Sinjar (families, women, men, and children alike), the authors have chosen to focus the present article on the plight and misery of the females; who were, and still are, facing despicable sexual abuses, unfathomable atrocities, and unfettered human rights violations. In doing so, they highlight the views of the fundamentalist Islam practiced by ISIS that encourages sex-slavery, while elaborating on the complacent acceptance of ISIS terror tactics by the local Sunni population of the territories they control. The work goes on to describe how survivors escaped, as well as how they are received and treated by the Yezidi community and state authorities. This discussion includes an overview of the national and international mechanisms available for prosecuting ISIS members for their crimes of genocide against the Yezidi people. The authors further stress that the genocide has contributed to, and even accelerated the process of the Yezidi selfidentification as a unique ethno-religious entity; which, in turn, has produced changes to their religious traditions. These changes will be briefly covered by examining a new approach to the institution of the Kerāfat.
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Corlett, Angelo. "Reparations for U.S. war crimes against Iraq". Filozofija i drustvo 23, n.º 4 (2012): 193–217. http://dx.doi.org/10.2298/fid1204193c.
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Given the basic tenets of just war theory and those of United States law regarding compensatory justice, it is argued that the U.S. invasion of Iraq from 2003-present is morally unjust and that the U.S. owes substantial reparations to Iraq.
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Lajeunesse, Gabriel. "Crimes Against Humanity in Iraq: The Case Against Iran". Open Law Journal 2, n.º 1 (19 de marzo de 2009): 8–15. http://dx.doi.org/10.2174/1874950x00902010008.
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Rankin, Melinda. "Investigating Crimes against Humanity in Syria and Iraq: The Commission for International Justice and Accountability". Global Responsibility to Protect 9, n.º 4 (26 de noviembre de 2017): 395–421. http://dx.doi.org/10.1163/1875984x-00904004.
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The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As non-state actors, cija conduct their investigations outside the United Nations system, with the aim of investigating and preparing case briefs for the most senior leaders suspected of war crimes and crimes against humanity in Syria; and war crimes, crimes against humanity and allegations of genocide in Iraq. This article argues that in preparing case briefs for individual criminal liability for a future prosecution, cija have attempted to extend the system of international criminal law, and in so doing, pose a challenge to traditional notions of the state in relation to the concept of war and the law, and the relationship between power and law in the international system. The article concludes by the asking the question: does the international community have a ‘responsibility to prosecute’ those suspected of criminal misconduct?
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Alfatlawi, Ahmed Aubais. "Accountability of ISIS For Mass Violations Against Iraqi Women: Study In The Iraqi Criminal Framework". Akkad Journal Of Law And Public Policy 1, n.º 4 (18 de marzo de 2022): 156–71. http://dx.doi.org/10.55202/ajlpp.v1i4.83.
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Several questions remain unanswered in light of the heinous crimes against women committed by ISIS in Iraq. This article will examine Iraq's current criminal framework to see if prosecutions for these violations were appropriate in light of international criminal law principles and the security council measures taken after ISIS took control of Mosul and other areas in Iraq in 2014. As an illustration of the kinds of topics we will cover in this paper: Is the Iraqi criminal justice system capable of investigating and holding ISIS accountable? Why did the Iraqi government make a request to the Security Council for help in 2017 if the reaction is positive? In light of what Iraqi women have been subjected to for three years now? While Iraq's criminal framework may have a legislative vacuum or contradiction, why did the Council of Representatives of Iraq not address these issues in its legislative policy, either by amending current legislation or drafting a new law to prosecute crimes like genocide or crimes? Against humanity, in the first place?.
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Kochoi, S. M. y A. H. Hunar. "On the Activities of the UN Special Investigation team In Iraq". Courier of Kutafin Moscow State Law University (MSAL)), n.º 4 (15 de junio de 2024): 221–27. http://dx.doi.org/10.17803/2311-5998.2024.116.4.221-227.
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The subject of this study is the activities of the UN Investigative Group established to investigate and uncover the crimes of the international terrorist organization “Islamic State”2.The paper shows the history of the creation of the Investigative Group, the main achievements of its activities are considered. In particular, the Investigation Team has collected indisputable evidence of the commission of numerous crimes by IS members, including the most serious of them: genocide, crimes against humanity and war crimes. At the same time, these activities have not led to the actual indictment of anyone in the national courts of Iraq for the commission of these crimes. This circumstance makes it almost hopeless for the UN Security Council to extend the mandate of the Investigative Group, which makes the prospect of ensuring the inevitability of criminal responsibility and punishment of IS members guilty of the gravest crimes even more uncertain.
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Hussaini, Sumaya. "Genocide in Disguise". Cornell International Affairs Review 15, n.º 1 (11 de mayo de 2022): 109–62. http://dx.doi.org/10.37513/ciar.v15i1.652.
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The international community remains unwilling to protect vulnerable populations against genocide, ethnic cleansing, and crimes against humanity, as evidenced by international oversight of the Bosnian and Rwandan genocides.1 This paper will examine this issue through a case study of the Islamic State’s (IS) persecution, ethnic cleansing, and unrecognized genocide of Shi’a Muslims in Afghanistan, Iraq, and Syria. While the United Nations Security Council has labeled IS’ attempts to exterminate Iraq’s Christian and Yazidi populations as genocide, little efort has been made to recognize, investigate, or prosecute IS’ crimes against the Shi’a. As I argue, the Islamic State’s systematic killing and cultural destruction of Shi’a Muslims in Afghanistan, Iraq, and Syria constitutes genocidal conduct under the Genocide Convention. As such, the International Criminal Court (ICC) has an obligation to recognize and investigate such activities through the creation of an international criminal tribunal dedicated to prosecuting members of IS for atrocities committed against the Shi’a. I further argue that use of veto power by permanent members of the Security Council should be restricted in the face of genocide, crimes against humanity, and war crimes to ensure that the UN fulflls its guiding principles to prevent and punish atrocity crimes. I will also explain the legal signifcance of prosecuting a non-state actor for genocide at the ICC and the impact that this recognition would have on humanitarian policy, the integrity of early warning models for genocide, and justice for the Shi’a victims of the Islamic State’s brutality.
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Abad Castelos, Montserrat. "Foreign Terrorist Fighters and the UN Investigative Team to Support Domestic Efforts to Hold ISIS Accountable for War Crimes, Crimes Against Humanity and Genocide Committed in Iraq: Building a Bridge that Should Be Used". Age of Human Rights Journal, n.º 16 (14 de junio de 2021): 1–30. http://dx.doi.org/10.17561/tahrj.v16.6302.
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After examining the United Nations Security Council (UNSC) resolutions referred to the foreign fighters who joined the ranks of ISIS in Iraq and Syria andthe UN Investigative Team to support domestic efforts to hold ISIS accountable for war crimes, crimes against humanity and genocide committed in Iraq (UNITAD or the Investigative Team) this article brings both contents together in order to ascertain whether there may be gaps or problems which should be addressed, since both developments were prompted by the UNSC. It is explored whether there may be certain inconsistencies, such as the one relating to the emphasis placed on different crimes, depending on the resolutions in question. Thus, those related to FTFs focus on terrorism crimes, while those related to UNITAD refer to atrocity crimes. Hereinafter the action and evolution of UNITAD is examined, in order to determine whether it might be helpful to overcome some existing barriers and avoid impunity for atrocity crimes. It will be concluded that UNITAD may provide substantial support, not only in relation to trials in Iraq, but also in third States, by providing useful tools or evidence to prosecute FTFs. Seizing this opportunity will require further action, which will be crucial to promote accountability and justice.
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Ochab, Ewelina U. "Daesh’ Atrocities Against Women and Girls and The Necessary Response". Chrześcijaństwo-Świat-Polityka, n.º 24 (27 de mayo de 2020): 142–54. http://dx.doi.org/10.21697/csp.2020.24.1.24.
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Since 2014, Daesh has been perpetrating mass atrocities against the population of Syria and Iraq, and beyond, and especially, crimes targeting religious minorities in Syria and Iraq. These included atrocities specifically targeting women and girls, including, rape, sexual abuse, and sexual slavery, and many more. Nonetheless, Daesh fighters are not being prosecuted for such crimes against women and girls and their (few) prosecutions are being conducted for terror-related offences only. The paper explores the use by Daesh of rape and sexual violence against minority women and girls. It considers some of the evidence of the use of rape and sexual violence in conflict, and most specifically, in the case study regarding the genocide committed by Daesh. It further examines the necessary changes that need to happen to address the issue. This includes an analysis of what legal measures have been taken to date to bring the Daesh perpetrators to justice, and specifically, for their atrocities perpetrated against women and girls.
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Aksamitowska, Karolina. "Digital Evidence in Domestic Core International Crimes Prosecutions". Journal of International Criminal Justice 19, n.º 1 (1 de marzo de 2021): 189–211. http://dx.doi.org/10.1093/jicj/mqab035.
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Abstract The conflicts in Syria and Iraq, being some of the most documented in history, have also led to one of the largest influxes of refugees to Europe in recent years. Many of the asylum seekers arriving in European cities identified themselves, or have been identified, as victims, witnesses or perpetrators of atrocities. Consequently, criminal investigations have been initiated by the local police with the aim of prosecuting those responsible for genocide, war crimes and crimes against humanity committed in Syria and Iraq. With an increasing number of war crimes prosecutions in European domestic courts relating to the atrocities committed, documented and shared by returning fighters, domestic authorities are compelled to find ways to effectively collect, process, analyse and share the user-generated data. This article discusses the ways in which digital evidence related to the conflicts in Syria and Iraq, particularly online open source materials, are being litigated and judicially evaluated in the domestic jurisdictions of Germany, Finland, Sweden and the Netherlands. Finding parallels between these approaches, with the aim of distilling best practices in evidence collection, processing and analysis, should inform future prosecutions of international crimes in domestic jurisdictions worldwide.
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Susilowati, Ida, Nur Rohim Yunus y Muhammad Sholeh. "United States Intervention Against Terrorism in Iraq". SALAM: Jurnal Sosial dan Budaya Syar-i 5, n.º 1 (16 de abril de 2018): 1–10. http://dx.doi.org/10.15408/sjsbs.v5i1.10372.
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Abstract: Terrorism is a crime committed by a group of people to frighten, terrorize, intimidate a country's government. In the case of the September 11, 2001 terror that occurred at the World Trade Center and the Pentagon, the United States accused the al-Qaeda group of being behind the attack. Furthermore, the United States attacked Afghanistan and Iraq. America considers the attacks carried out are legitimate because they are carried out to reduce world terrorism crimes. Whereas behind that there is another motive for controlling the oil in the country that it attacked.Keywords: Terrorism, Intervention, United States. Abstrak:Terorisme merupakan kejahatan yang dilakukan oleh sekelompok orang guna menakuti, meneror, mengintimidasi pemerintahan suatu negara. Dalam kasus teror 11 September 2001 yang terjadi pada World Trade Center dan Pentagon, Amerika Serikat menuduh kelompok al-qaidah di balik serangan tersebut. Selanjutnya Amerika Serikat melakukan penyerangan terhadap Afghanistan dan Iraq. Amerika menganggap serangan yang dilakukan adalah sah karena dilakukan untuk meredam kejahatan terorisme dunia. Padahal di balik itu ada motif lain untuk menguasai minyak yang ada di negara yang diserangnya.Kata Kunci: Terrorisme, Intervensi, Amerika Serikat
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Moix, Bridget. "Moving Upstream and Going Local: The Responsibility to Protect Ten Years Later". Politics and Governance 3, n.º 3 (27 de octubre de 2015): 98–100. http://dx.doi.org/10.17645/pag.v3i3.311.
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Ten years ago the international community pledged to protect civilians from genocide, ethnic cleansing, war crimes, and crimes against humanity by endorsing the responsibility to protect (R2P) doctrine. Yet today, horrific violence against civilians continues in places like Syria, Iraq, and South Sudan. This article examines some of the progress and gaps in the international community’s efforts to better protect civilians against mass violence over the past decade. It proposes two emerging directions for advancing the R2P agenda in the coming years: 1) greater focus on upstream prevention, and 2) increased support for locally-led peacebuilding and prevention actors and capacities.
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Hayder, Lana Majid, Asma Hakimah Ab Halim, Noor Aziah Mohd Awal y Fatimah Yusro Hashim. "Incest in Iraq and the Legal View of the Act". Journal of Law and Sustainable Development 11, n.º 7 (25 de septiembre de 2023): e1036. http://dx.doi.org/10.55908/sdgs.v11i7.1036.
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Objective: Shedding light on the dimensions of the crime of incest to contribute to developing solutions to combat this type of crime before it becomes a widespread phenomenon in society. Incest causes great harm to the individual and leads to an insult to the family entity with the consequent imbalance in the social structure. Methodology: A descriptive and analytical study of a phenomenon that remained silent in a society. This article reviews the problem of incest, its impact on an important aspect of people's lives, and the most important factor in the disintegration of the family and the insult to its dignity. Highlighting the definition of the problem, explaining the reasons for falling into it, explaining the preventive means and its treatment, the legislative philosophy of a group of Arab countries, with some cases existing in society, all of which would contribute to reaching success. Result and discussion: The law criminalized the perpetrator of this crime by setting punitive laws against the perpetrators and placing it in the category of crimes against public morals. However, most of the perpetrators of these crimes do not receive the necessary and deterrent punishment because they hide for fear of scandal, shame and stigmatization of society. Society may unconsciously contribute to these crimes, by stigmatizing the victim socially and blaming her for what happened to her, making the matter of complaining or revealing the truth about these deviations very difficult. Conclusions: These issues must be addressed socially, by imposing the law and passing deterrent laws, to get rid of these phenomena that destroy society. The need to enact new legislation or amend existing legislation is represented in the Penal Code No. 111 of 1969. In Articles 393/2b, Article 369 Paragraph 2, and Article 397, the law stipulates that incest crimes are considered criminal offenses like all other crimes. Without allocating a specific chapter for them, and that the law added only two years or more to the punishment, and this is considered a defective treatment of a sensitive and serious.
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Ghorishi, Seyed Rasoul, Sabber Niavarani y Seyed Ghasem Zamani. "Non-applicability of Prescription to War Crimes during Iraq’s War against Iran". Journal of Politics and Law 9, n.º 5 (29 de junio de 2016): 65. http://dx.doi.org/10.5539/jpl.v9n5p65.
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<p>International responsibility of Iraq regarding imposed war against Iran and compensating all harms has been an issue attracted public attention in Iran; in a way that sometimes it has been discussed. Nevertheless, it should not be ignored that this war happened long time ago, thus it involves the issue of Prescription or Statutory Limitations. Since the Statutory Limitation often is the main obstacle facing the culture of non-punishment, the main question is that whether Iraqi’s war crimes is supposed to prescription?</p>It should be noted that prominent values of humanity entail the condemning of severe international crimes and non-applicability of principle of prescription. Therefore, International Criminal Law through codification of regional and international documents including the Supreme Iraqi Criminal Tribunal has predicted a period of 35 years for investigation of Iraqi high-ranking officials’ crimes: Accordingly, it seems that the theory of non-applicability of prescription over Iraqi’s war crimes during war against Iran has been substantiated.
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Hagan, John, Joshua Kaiser, Daniel Rothenberg, Anna Hanson y Patricia Parker. "Atrocity victimization and the costs of economic conflict crimes in the battle for Baghdad and Iraq". European Journal of Criminology 9, n.º 5 (septiembre de 2012): 481–98. http://dx.doi.org/10.1177/1477370812452087.
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Economic conflict crimes are defined in this paper as violations of international human rights and humanitarian law, as well as domestic law, associated with military and political conflict and producing significant monetary as well as other forms of suffering for civilians. Criminologists are well positioned by disciplinary emphasis to document and explain military and political violence resulting in economic conflict crimes. Criminal victimization associated with the US-led invasion of Iraq imposed an enormous toll on civilians. Yet there is little attention by criminologists or others to the profound economic costs to Iraqis, whether through lost property, life, or opportunities. We cautiously estimate that the economic losses for households in the city of Baghdad alone were almost US$100 billion, and more than three times this amount for the entire country, with Sunni groups experiencing significantly greater losses than others. So far as we know, our article presents the first estimates of civilian losses from economic conflict crimes that followed the US-led invasion of Iraq. These losses were widespread and systematic, the hallmarks of crimes against humanity.
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Kochoi, Samvel y Ameen Hasan. "Countering Terrorism in Iraq: Law and Practice". Всероссийский криминологический журнал 13, n.º 1 (26 de febrero de 2019): 94–102. http://dx.doi.org/10.17150/2500-4255.2019.13(1).94-102.
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After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.
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Kadhim, Nuha Saeed y Noor Salah Shreef. "EFFECT OF DOMESTIC VIOLENCE ON CHILDREN: A REVIEW". International Journal of Education and Social Science Research 07, n.º 02 (2024): 239–47. http://dx.doi.org/10.37500/ijessr.2024.7216.
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Domestic Violence is like a giant and eats the childhood of the children. Children are precious for the development of the nation. But domestic violence leaves the adverse impact on the children. Children are the center point for the parents, but they are forgetting them in own fight. If children are growing up in the environment of domestic violence and then they are live in tension and anxiety and in fear of anger. Thus, the children are victims of child abuse due to emotionally and psychologically broken. Domestic violence affects the lives of many children in Iraq. 23 children were killed in separate cities of Iraq during year 2020, at the hands of their families, as a result of domestic violence that has been prevalence in the country, while about 50 others were admitted to hospitals because of severe beatings that lead to fractures or burns. Baghdad, Diyala and Basra topped the crimes of violence against children. UNICEF condemns all acts of violence against children and call for society to protect them from such behaviors. Also, calls on government authorities in Iraq to strengthen mechanisms to bring perpetrators of such crimes to justice and safeguard the life of the child. Children in Iraq need a safe environment, free of violence and conducive to allow them to develop their full potential, in order to ensure children´s right to privacy and dignity.
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Gurulé, Jimmy. "United Nations Security Council Resolutions 2199 & 2253". International Legal Materials 56, n.º 6 (diciembre de 2017): 1144–75. http://dx.doi.org/10.1017/ilm.2017.41.
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In June 2014, the Islamic State in Iraq and the Levant (ISIL) emerged on the world stage when its fighters seized Mosul, Iraq's second-largest city, after moving into Iraq from its original base in Syria. Led by Abu Bakr al-Baghdadi, the self-appointed caliph, ISIL's goal is to establish an Islamic caliphate in the Middle East. At its peak, ISIL was considered the wealthiest international terrorist organization in the world, estimated to have an annual budget of over $2 billion. ISIL controlled large swaths of territory in Iraq and Syria, seizing control of Ramadi, the capital of Iraq's Anbar province, and the historic city of Palmyra in central Syria. In Iraq and Syria, ISIL also seized towns along important supply routes, and controlled critical infrastructure and border crossings. In 2015, the Central Intelligence Agency estimated that ISIL had between twenty thousand and thirty-one thousand fighters in Iraq and Syria, and approximately fifteen thousand of its members were foreign recruits. The acts of brutality committed by ISIL include beheading American journalists; the torture and ruthless slaughter of civilians; the persecution of ethnic minorities and Christians; and gross violations of international human rights that constitute war crimes, crimes against humanity, and genocide.
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A'yun, Qurrata. "Law Enforcement of Terrorism Crimes Associated with Foreign Terorist Fighter ISIS Cases". Kanun Jurnal Ilmu Hukum 23, n.º 1 (30 de abril de 2021): 49–64. http://dx.doi.org/10.24815/kanun.v23i1.19000.
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This study aims to discuss the position of terrorism in international criminal law and law enforcement against terrorism crimes committed by the Islamic State of Iraq and Syiriah (ISIS) Foreign Terrorist Fighter (FTF). The research method used in this research study is a normative juridical legal research method. In some literature, crimes of terrorism in international criminal law are categorized as extraordinary crimes because of their systematic, organized and widespread nature. Law enforcement against the FTF ISIS for crimes of terrorism can basically be carried out by means of preventive measures as preventive and repressive measures as penal measures which in this case can be prosecuted based on the legal rules of the perpetrator's country of origin and allowed to make arrests, prosecutions and punishments or attempts. Extradition if necessary. In addition, law enforcement based on international criminal law can also be pursued if the crimes of terrorism committed by the perpetrators cause things that have an impact on the international community and qualify as stipulated in the Rome Statute.
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Kather, Alexandra Lily. "The Adjudication of Slavery Crimes against the Yazidi by German Courts Evolving Jurisprudence and the Need for Rectifying Legal Amendments in German Law". Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 5, n.º 1 (25 de junio de 2024): 147–76. http://dx.doi.org/10.7590/266644724x17174924229867.
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This article examines the interpretation and application of relevant provisions of the German Code of Crimes against International Law (CCAIL) and the German Criminal Code (GCC) to the slave trade and slavery conduct committed against the Yazidi by the Islamic State of Iraq and the Levant (ISIL, IS or Da'esh). Specifically, the article takes an intersectional approach to reviewing in detail the cases of Sarah O (Higher Regional Court of Düsseldorf) and Taha Al J (Higher Regional Court of Frankfurt) while drawing observations from other German cases concerning slavery crimes against the Yazidi. These were in the majority, if against German nationals, conducted under the principle of active personality or, in the alternative, under the principle of universal jurisdiction. The article shows how German prosecutors and courts did not shy away from creatively grappling with slave trading, slavery and trafficking conduct committed by ISIL.Cases, such as Nadine K, demonstrate a positive evolution towards cumulative charging and convictions that afford comprehensive legal redress to persons affected by the slave trade, slavery and trafficking. Still, the absence of the slave trade as an enumerated provision of crimes against humanity and war crimes in the CCAIL can be felt and must be rectified to realise legal protection as envisioned by customary international law.
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Abad Castelos, Montserrat. "Towards a Holistic Consideration of Crimes Against Nature Committed in Times of Armed Conflict: A Critical Approach to the Case of Iraq". International Journal for Crime, Justice and Social Democracy 12, n.º 3 (1 de septiembre de 2023): 77–92. http://dx.doi.org/10.5204/ijcjsd.2707.
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During the armed conflict in Iraq between 2014 and 2017, Daesh committed crimes with clear environmental effects and consequences; however, these events have not been adequately clarified. The investigation of these crimes by official bodies, such as the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh, is required and is still possible. Even if UNITAD’s investigative action would be mainly symbolic, it would be important because it could help to raise awareness of environmental crimes and thus also advance the emerging international agenda in the field of environment, peace and security and clarify the connection between environment and human rights. Additionally, it could have the more practical and strategic functions of laying a firm foundation for expanding the jurisdiction to pave the way for environmental peace building and helping to strengthen certain components of transitional justice in the country, in particular, by providing some reparation to victims.
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Desmonda, Angela Jessica y Diajeng Wulan Christianti. "TERRORISM AS CORE INTERNATIONAL CRIMES : THE CASE OF FOREIGN TERRORIST FIGHTER (FTF) OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS)". Padjadjaran Journal of International Law 6, n.º 1 (7 de agosto de 2022): 96–115. http://dx.doi.org/10.23920/pjil.v6i1.996.
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Since it had established a caliphate in 2014, Islamic State of Iraq and Syria (ISIS) continued to threaten the international peace and security by attacking and killing civilians. ISIS foreign terrorist fighters (FTFs) are ISIS members who have combat functions. Altough it is a serious crime, terrorism has not yet been recognized as a stand-alone core international crimes according to customary international law. The fact that ISIS is referred to as a terrorist groups, not a state-entity, has also raised a question of whether ISIS FTFs can only be prosecuted for committing terrorism related offences. This paper argues that terrorism acts by ISIS FTFs can fit the element of the existing core international crimes such as crimes against humanity, war crimes and genocide To this end, this paper elaborates the most common offences committed by ISIS FTFs and analyses element of each of core international crimes. This paper concludes that ISIS FTFs should be held liable for those core international crimes and prosecuted before national and international criminal court accordingly.
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Isakhan, Benjamin y Sofya Shahab. "The Islamic State’s destruction of Yezidi heritage: Responses, resilience and reconstruction after genocide". Journal of Social Archaeology 20, n.º 1 (5 de noviembre de 2019): 3–25. http://dx.doi.org/10.1177/1469605319884137.
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After conquering large swathes of northern Iraq, the Islamic State undertook an aggressive genocidal campaign against the Yezidi people in which they not only executed and enslaved thousands of innocent civilians, but also damaged or destroyed several key Yezidi temples and shrines. Drawing on a small sample of in-depth semi-structured interviews with Yezidi men and women from two regions conquered by the Islamic State, this article documents the effect this wave of persecution has had on these Yezidi individuals. It finds that the attacks by the Islamic State on Yezidis and their heritage sites have caused considerable suffering among the community, in part because of their inability to practise their intangible religious rituals and customs. However, the Yezidi people have also demonstrated remarkable resistance and resilience to the Islamic State genocide in terms of returning to their ancient homelands, reconstructing their heritage sites and the re-emergence of their intangible religious heritage practices. The article concludes by noting that the new insights gleaned from these interviews are a step towards better understanding the relationship between tangible and intangible heritage in the wake of conflict, genocide and mass heritage destruction.
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Sellers, Patricia Viseur y Jocelyn Getgen Kestenbaum. "Missing in Action". Journal of International Criminal Justice 18, n.º 2 (1 de mayo de 2020): 517–42. http://dx.doi.org/10.1093/jicj/mqaa012.
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Abstract The slave trade prohibition is among the first recognized and least prosecuted international crimes. Deftly codified in, inter alia, the 1926 Slavery Convention, the 1956 Supplementary Convention, Additional Protocol II to the Geneva Conventions (AP II), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the norm against the slave trade — the precursor to slavery — stands as a peremptory norm, a crime under customary international law, a humanitarian law prohibition and a non-derogable human right. Acts of the slave trade remain prevalent in armed conflicts, including those committed under the Islamic State of Iraq and al-Shām (ISIS) Caliphate. Despite the slave trade’s continued perpetration and the prohibition’s peremptory status, the crime of the slave trade has fallen into desuetude as an international crime. Precursory conduct to slavery crimes tends to elude legal characterization; therefore, the slave trade fails to be prosecuted and punished as such. Several other factors, including the omission from statutes of modern international judicial mechanisms, may contribute to the slave trade crime’s underutilization. Also, the denomination of human trafficking and sexual slavery as ‘modern slavery’ has lessened its visibility. This article examines potential factual evidence of slave trading and analyses the suggested legal framework that prohibits the slave trade as an international crime. The authors offer that the crime of the slave trade fills an impunity gap, especially in light of recent ISIS-perpetrated harms against the Yazidi in Iraq. Therefore, its revitalization might ensure greater enforcement of one of the oldest core international crimes.
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Nussaif, Mohammad Ghazi. "Dimensions of the Interrelationship Between Poverty and Financial Corruption and Their Impact on Sustainable Economic Development in Iraq for The Period 2005-2019". Journal Port Science Research 6, n.º 3 (31 de octubre de 2023): 170–83. http://dx.doi.org/10.36371/port.2023.3.1.
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Financial corruption is a global concern, especially in developing countries, an obstacle to sustainable development, and an obstacle to poverty eradication. This study examines the relationship between financial corruption and poverty, and attempts to follow up its effects on some indicators of sustainable development in Iraq. This study aims to; Explore and clarify the relationship between corruption and poverty. The economic analysis of the study indicated that there is a link between the variables that form this relationship. The basic hypothesis of this study is: ‘There is a strong and positive relationship between the spread of financial and administrative corruption and the increase in poverty levels in Iraq." This study indicates some conclusions and recommendations in order to develop policies against financial crimes.
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Ibrahim Mohammed, Sarhad y Safaa Aldden Mohammed Gaznai. "The penal Responsibility of the special moral Person on the Economic Crimes". Journal of University of Raparin 11, n.º 3 (9 de julio de 2024): 641–66. http://dx.doi.org/10.26750/vol(11).no(3).paper26.
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The recent economic، social and technological developments resulted in the emergence of multiple private large economic and financial institutions or corporations (the "Corporations") that perform a range of activities with significant influence on the society. Indeed، this can bring great benefits to the society if their activities are properly made، while cause severe damage if they corrupt. Hence، the dangers caused by these corporations and the expanding scale of their damage can lead to economic crime، which is far greater than the harm caused by natural persons. Thus، it is no longer acceptable to ignore such crimes، particularly when the civil penalty is no longer appropriate to ignore their deviations on these corporations which brought huge profits to them. This created an advanced jurisprudence calling for the necessity of bringing punitive measures against these corporations in order to prevent and lessen their dangers to the society. The rapid transition from socialism to capitalism in Iraq after 2003 led to a sharp increase in the number and diversified activities and economic openness that controlled the economy، while the criminal jurisprudence was steps behind such fundamental changes. This research aims to demonstrate the importance of designating criminal responsibilities to these corporations to protect the society، and to identify the legal loopholes in Iraq on how to address them. Despite the existence of the principle of “publicity” for economic crimes or not economic crimes، according to the conditions that must be met in order to be take responsibility، under Article (80) of the Penal Code No. 111 of 1969، hitherto this article alone cannot go side-by-side with the dangers created by these corporations، which requires exclusive fundamental amendments، introducing more legislation providing strict punitive measures against these corporations aiming to safeguard the overall economic system.
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Кочои, Самвел y Samvyel Kochoi. ""The Islamic State": from Terrorism to Genocide". Journal of Russian Law 2, n.º 12 (1 de diciembre de 2014): 0. http://dx.doi.org/10.12737/6587.
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The first time in Russian legal science discusses the crimes committed by the terrorist organization “Islamic State / Islamic State of Iraq and the Levant” (IS/ISIL), against minority communities — Yazidis in Iraq. Based on the analysis of available information (reports of the UN and other international organizations, publications in Russian and foreign mass media) is substantiated conclusion about the presence of elements of the genocide in the acts of the members of the IS/ISIL. It is emphasized that the international community faced genocide, which was committed organization recognized as a terrorist. Invited to take coordinated by the international community measures to deprivation of members of the IS/ISIL freedom of movement between States and to prevent they commit terrorist acts on his return to the States, natives or citizens whom they represent.
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Castellano San José, Paula. "The Rapes Committed against the Yazidi Women: a Genocide?" Comillas Journal of International Relations, n.º 18 (19 de julio de 2020): 50–71. http://dx.doi.org/10.14422/cir.i18.y2020.003.
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Rape has been used as a tool of war throughout the history of mankind. With the establishment of the International Criminal Court, rape was included in the Rome Statute, being internationally recognized as a war crime, a crime against humanity and a means to commit genocide. The Islamic State of Iraq and Syria, in its war to establish the caliphate, has carried out a campaign of sexual violence against women of religious minorities such as the Yazidi. This article examines the evolution of the definition of rape in International Criminal Law and applies the current definition to the crimes committed by ISIS against the Yazidi. The study assesses the elements of the actus reus of genocide and considers that the actions carried out by the Islamic State towards the Yazidi could qualify as a genocide by means of rape.
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AL OBAIDI, Bushra Salman Hussain. "HONOR CRIMES AND ITS LEGAL AND SOCIAL IMPACTS، MURDER IS A WASH OF SHAME AS A MODEL". International Journal of Humanities and Educational Research 03, n.º 04 (1 de agosto de 2021): 159–79. http://dx.doi.org/10.47832/2757-5403.4-3.15.
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The importance of research: The heavenly canons and all laws affirm the guarantee of everyone's right to life, but a look at daily practices reveals that a large number of women are killed daily under the background of honor killings. His race and his religion, is considered today a necessity and a priority heavily placed on the collective conscience. The exacerbation of the phenomenon of honor murders, or the liquidation of women who has rebel against family laws, and the pretext that she is an adulterer, is a dangerous indication of underestimating the right of women to life and is a sign of social discrimination practiced on the basis of gender. The phenomenon of the exacerbation of honor murders indicates a crisis of relationships within the family and society, a crisis of relations within the community of women, the continued dominance of some customs over laws in contemporary societies, and the institutionalization of violence against women and their sacrifice. Iraq society is a tribal society and accepts the idea of killing of women as a means of dishonor. However, killings under this concept have increased as a result of the tyranny of tribal values, and they increased even more after the occupation of Iraq on 9/ 4 / 2003 Research objectives: abolishing the legal articles that encourage the killing of women under any pretext, and making the crime of murder under the pretext of washing shame a premeditated murder, like all murders, and subject to its provisions without wearing the garment of a mitigating excuse and allowing the perpetrators to escape from punishment and activating the implementation of international conventions and respecting them. Part of the national legislation for ratification by Iraq. As well as respect for the constitutional texts being the highest in the application. When talking about treating this crime and setting up a solution for it, the law must be the other side, without a law that protects women, clarifies the limits and provisions of this crime, and establishes appropriate punishment for its images in a way that does not allow the perpetrators to escape from punishment, then there will be no benefit from all that was said It is said about violence against women.
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Pradnyajaya, I. Kadek Wahyu y Made Maharta Yasa. "LEGALITAS DAN TANGGUNG JAWAB PRIVATE MILITARY AND SECURITY COMPANY DALAM INVASI IRAK OLEH AMERIKA SERIKAT". Kertha Semaya : Journal Ilmu Hukum 10, n.º 7 (29 de mayo de 2022): 1496. http://dx.doi.org/10.24843/ks.2022.v10.i07.p03.
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Amerika Serikat (AS) melibatkan Perusahaan Militer dan Keamanan Swasta atau “Private Military and Security Companies” (PMSC) dalam jumlah besar atas misi rekonstruksi Irak sejak tahun 2003. Keterlibatan dari PMSC telah menimbulkan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) yang dilakukan kepada warga sipil dalam misi rekonstruksi Irak ini. Adapun tulisan ini bertujuan untuk mengetahui status hukum dari PMSC dalam invasi Irak oleh Amerika Serikat (AS) berdasarkan hukum internasional yang berlaku serta untuk menganalisa pertanggungjawaban dari Amerika Serikat (AS) selaku pihak yang menggunakan PMSC dalam invasi ke Irak yang telah menyebabkan banyak permasalahan bagi Irak. Tulisan ini merupakan penelitian yuridis normatif yang menggunakan pendekatan peraturan perundang-undangan, dalam hal ini perjanjian, konvensi dan instrumen internasional yang relevan, pendekatan kasus serta pendekatan sejarah. Kesimpulan yang didapatkan adalah PMSC merupakan sebuah perusahaan yang bergerak pada pelayanan jasa berupa bantuan militer atau keamanan. Kontraktor PMSC yang melakukan Penembakan terhadap warga sipil di Irak telah mengubah statusnya dari civilian menjadi seseorang yang tidak berhak diberi status sebagai kombatan ataupun tawanan perang. Adapun hal ini telah sesuai dengan unsur-unsur daripada pasal 47 Protokol Tambahan 1 1977 United Nation Mercenary Convention dan The Montreux Document. Dapat pula disimpulkan mengenai pertanggungjawaban dibebankan kepada Amerika Serikat selaku pihak penyewa PMSC yang telah melakukan banyak permasalahan khususnya kejahatan terhadap kemanusiaan (Crime Against Humanity) kepada warga sipil wajib dikarenakan telah terjadi pelanggaran terhadap Konvensi Jenewa 1949, Pasal 51 Protokol Tambahan I 1977 dan Statuta Roma 1998.
The United States of America (US) has engaged a large number of Private Military and Security Companies (PMSC) in Iraq reconstruction missions since 2003. The involvement of the PMSC has created many problems of crimes against humanity committed against civilians on this Iraq reconstruction mission. This paper aims to see the legal status of the PMSC in the invasion of Iraq by the United States of America (US) based on applicable international law and to analyze the accountability of the United States of America (US) as the party who used PMSC in the invasion of Iraq which has caused many problems. This paper is a normative legal research that uses statute approach, in terms of treaties, conventions and relevant international instruments, case approach and historical approach. The conclusion is that PMSC is a company engaged in services such as military or security assistance. PMSC contractors who carried out shootings on civilians in Iraq have changed their status from civilian to someone who is not entitled to the status of a combatant or prisoner of war. As for this, it is in accordance with the elements of Article 47 of Additional Protocol 1 of the 1977 United Nations Mercenary Convention and The Montreux Document. It can also be concluded that the responsibility imposed on the United of America States as the charterer of PMSC which has committed many problems, especially crimes against humanity (Crime Against Humanity), to civilians is obliged due to violations of the 1949 Geneva Conventions, Article 51 Additional Protocol I 1977 and the Rome Statute 1998.
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Vale, Gina. "Case Note – Justice Served?: Ashwaq Haji Hamid Talo's Confrontation and Conviction of Her Islamic State Captor". Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 1, n.º 2 (30 de noviembre de 2020): 189–98. http://dx.doi.org/10.7590/266644720x16061196655043.
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Over five years after the Islamic State (IS) terrorist group launched its genocidal attack against the Yazidi ethno-religious minority community in Sinjar, Northern Iraq, calls for 'justice' remain largely unanswered. While hundreds of IS members have been tried and convicted of their group affiliation, few have faced charges for crimes committed against the Yazidis. However, in March 2020, Ashwaq Haji Hamid Talo – a 20-year-old Yazidi woman – took the stand of a Baghdad courtroom and played a driving role in the prosecution and conviction of her attacker. Through examination of her case in the context of wider political and procedural concerns for trying IS members, this article highlights both the opportunities and challenges for individual victims and the wider Yazidi community to secure meaningful 'justice'.
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Caron, David D. "Iraq and the Force of Law: Why Give A Shield of Immunity?" American Journal of International Law 85, n.º 1 (enero de 1991): 89–92. http://dx.doi.org/10.2307/2203560.
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As these words are written, the use of armed force to liberate Kuwait, and all the suffering and waste such use implies, becomes more likely. Given the primacy of the peaceful settlement of disputes in international law, I consider in this brief essay how the rule of law could play a role in this crisis. The UN Security Council’s call for the collection of information regarding possible war crimes by Iraqi officials and possible claims for damages arising out of the invasion was a welcome innovative effort, although it has yet to have any perceptible effect. That move, however, did not fully embrace the rule of law as a solution or make clear to Iraq the force that the rule of law can bring to bear. If the Security Council made an effort to implement the rule of law more forcefully, in my view it would greatly diminish the felt need to use armed force against Iraq.
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cooke, miriam. "Murad vs. ISIS". Journal of Middle East Women's Studies 15, n.º 3 (1 de noviembre de 2019): 261–85. http://dx.doi.org/10.1215/15525864-7720627.
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Abstract This article analyzes recent Iraqi texts, some authorizing and others condemning rape as a weapon of war. The focus is on Islamic State in Iraq and Syria (ISIS) perpetrators of sexual violence, their Yazidi victims, and two women’s demands for reparative, restorative justice. Held in sexual slavery between 2014 and 2015, Farida Khalaf and 2018 Nobel Peace Prize laureate Nadia Murad published testimonials that detail their experiences. Determined to bring ISIS rapists to justice, they narrate the formerly unspeakable crimes that ISIS militants committed against them. Adjudicated as a crime against humanity at the end of the twentieth century, rape as a weapon of war, and especially genocide, no longer slips under the radar of international attention. This study argues that the Yazidi women’s brave decision to speak out may help break the millennial silence of rape survivors.
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Boyle, Francis A. "The world court lawsuits by the Republic of Iraq against the United States and the United Kingdom". Journal of Contemporary Iraq & the Arab World 13, n.º 2 (1 de septiembre de 2019): 205–16. http://dx.doi.org/10.1386/jciaw_00008_1.
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The article explores the author’s experience of crafting legal actions meant to bring a case against the governments of the United States and the United Kingdom for the genocidal conditions that arose from their actions against the people of Iraq from 1991 to 2003. Based on a similar effort, successfully brought to the International Court of Justice on behalf of the people and Republic of Bosnia in 1993, the strong potential for a legal and peaceful remedy to bring an end to Iraqi civilian suffering ‐ as well as the potential to avert a future war ‐ existed and drove the author to implore Iraqi legal action before the ICJ. Iraqi state officials, from the President’s Office to that of Deputy PM Tariq Aziz, through Iraqi diplomats in New York, were canvassed and engaged in an effort for the author to receive their support to act on Iraq’s behalf at the ICJ. Published here is the author’s recollection of this effort to prosecute international crimes against the Iraqi people as well as an overview of the ICJ case that while never brought forward, could have prevented the 2003 invasion and its aftermath.
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Kudratov, Nekruz. "Rebellion (riot) as a crime against the state in Islamic Criminal Law: history and modern". Gosudarstvo i pravo, n.º 5 (2023): 158. http://dx.doi.org/10.31857/s102694520014331-5.
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The article examines the history of rebellion as a crime against the state in Islamic criminal law. The purpose of the article is to study, comprehend the genesis, doctrinal issues related to the definition of the concept and signs of rebellion as a crime against the state. Using the method of historicism, analysis and synthesis, the concept of rebellion as a rebellion of the Muslim community against the head of state with the use of force to overthrow him is given, the goal and motive of the rebellion (overthrow of the head of state and). The reasons for combining Islamic Criminal Law with European-type criminal legislation, the impact of French and English law on crimes against the state in modern criminal laws of Muslim states (Iraq, Afghanistan, UAE, etc.) Conclusion: rebellion (rebellion) as a crime against the state based on the purpose and motive of the crime differs in historical and modern Islamic Criminal Law. In the criminal laws of Muslim countries, rebellion (uprising) from the objective point of view, depending on the interests of states, differ.
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Nisa, Candra Ulfatun, Asiyah Jamilah y Kartika Sasi Wahyuningrum. "Penanganan Kasus Kemanusiaan Melalui Lembaga Peradilan International Criminal Court : Perbudakan Seksual Terhadap Perempuan Etnis Yazidi Oleh ISIS". Journal of Judicial Review 22, n.º 2 (18 de diciembre de 2020): 271. http://dx.doi.org/10.37253/jjr.v22i2.1495.
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Salah satu wujud kasus kejahatan kemanusiaan (crimes against humanity) yang menuai banyak perhatian masyarakat internasional adalah berupa kejahatan perbudakan seksual terhadap perempuan etnis Yazidi yang dilakukan oleh Islamic State of Iraq and Syiria (ISIS). Penelitian ini difokuskan pada peran International Criminal Court (ICC) dalam menangani masalah kejahatan kemanusiaan dalam kasus perbudakan seksual terhadap perempuan etnis Yazidi oleh ISIS. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian ini adalah bahwa ICC tetap dapat mempunyai yurisdiksi dalam mengadili dan menghukum kelompok ISIS, dengan berdasarkan adanya rujukan atau rekomendasi dari Dewan Keamanan PBB. Namun, Dewan Keamanan PBB belum mengusulkan rekomendasi terhadap pihak Penuntut Umum ICC, sehingga belum ada penyelidikan terkait pelanggaran HAM berat yang dilakukan kelompok ISIS.
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Saleh, Ali A., Kawa A. Rasul y Ken Fero. "A Multimodal Analysis of Discourse and Narrative In Kurdish Television Documentaries". Polytechnic Journal of Humanities and Social Sciences 3, n.º 1 (21 de mayo de 2022): 85–97. http://dx.doi.org/10.25156/ptjhss.v3n1y2022.pp85-97.
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From the perspective of multimodal discourse analysis, this paper analyses Kurdish television documentary film that produced by Kurdish television during the Islamic State in Iraq and Syria ISIS period in Iraq, exploring the discourse of the film by examining the visual, verbal, soundtracks modes, also considering how those modes work together to create narrative structure in the extracted film. The investigation has been done through applying, Iedema (2001) Reading Images: Visual Grammar by Kress & Van Leeuwen (2006; 2020; 1996). To deconstruct the elements of documentary film A modern software named Multimodal Video analysis by Kay L. O’Halloran & E (2013), has been applied. Results show, the extracted film has been produced by shaping the footages into an artefact by putting recorded materials together to make narrative structure, the deployment of various modes in the dynamic discourse, make the documentary films more effective in order to achive its discourse, Kurdish Television attempted to confirm ISIS brutality, ISIS crimes against Kurdish people, and displacement of Innocent civilians including children.
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Gavrilovic, Bojan y Stephanie Schweininger. "A criminal tribunal and a wide-ranging reparation programme is necessary for the victims of sexual violence and torture in Iraq". Torture Journal 29, n.º 1 (22 de mayo de 2019): 110–24. http://dx.doi.org/10.7146/torture.v29i1.109995.
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The frequency and extreme nature of sexual violence committed in Iraq, primarily by the self-declared Islamic State in Iraq and the Levant (ISIL) from 2014 onwards, has shocked the international community. Now, four years later, victory over ISIL has been proclaimed but addressing past atrocities and their consequences has barely begun. There is a wide discrepancy between Iraq’s human rights obligations, stressed by the United Nations (UN), and the reality on the ground, shaped by the Iraqi authorities. The present paper aims to highlight this discrepancy by providing an overview of the crimes committed, their qualification under international law, and the efforts of Iraqi authorities to punish those responsible. It will also discuss legal frameworks and the role of the UN, before positing some possible solutions. Object of the inquiry. The primary object of this inquiry is the conflict-related sexual violence (CRSV) that has taken place in Iraq since 2014. The term CRSV is used in the international discourse to designate sexual violence occurring during or following armed conflict. UN bodies have set a gravity threshold for defining CRSV—incidents or patterns of acts of sexual violence such as “rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” (UN Action Against Sexual Violence in Conflict, 2011, p. 3)
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Stempień, Marta. "The United States Approach to Prosecution of Women Terrorists Who Joined the Islamic State". De Securitate et Defensione. O Bezpieczeństwie i Obronności 9, n.º 2 (13 de abril de 2024): 121–30. http://dx.doi.org/10.34739/dsd.2023.02.08.
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In January 2012, the Secretary of State, in accordance with Section 219 of the Immigration and Nationality Act (INA), designated the Islamic State in Iraq Foreign Terrorist Organization (FTO). Based on this, the United States could take administrative measures against foreign terrorist fighters (FTFs) associated with IS, including women. As of January 2023, the United States had formally repatriated 39 citizens. At least 11 more citizens returned of their own accord outside of formal processes, including two women. To date, 11 adults affiliated with the Islamic State, formally repatriated from Syria and Iraq to the United States, have faced charges for terrorism-related crimes. The aim of this research is to characterize the approach to female terrorist returnees in the United States. The following research problem is central to this article: How does the United States deal with the prosecution and conviction of women returnees involved in the activities of the Islamic State? The author focused research on case studies. Research methods include: analysis, synthe-sis, classification, generalization, and statistical data analysis. Women who are left on their own and remain in camps and prisons in Iraq and Syria can impose the ideology of the Islamic State on others, including their children. It is important not to treat the problem of repatriation, rehabilitation, and reintegration of camp residents shortsightedly and to take a long-term solution.
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Rasul, Rasul Mohammed. "The situation of Kurdish political prisoners in Iraq from the period of Haras Qawmi 8-2-1963 to 18-11-1963". Twejer 4, n.º 2 (diciembre de 2021): 509–86. http://dx.doi.org/10.31918/twejer.2142.11.
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Abstract The situation of Kurdish prisoners in Iraqi prisoners from 8-2-1963 to 18-11-1963 In the contemporary history of Iraq, the first period of Baa’th party’s era which very significant in the history of the country. After the coup of 8th February 1963, which Iraqi National Guard (Baa’si) obtained power. As a result, Abdul Karem Qasm the first President of the Iraqi Republic (1958-1963), many Iraqi people Kurds were not exempted and who were captured from different cities and rural areas in the whole Iraq, and they were taken to prisons like Arabs or other ethnic and religion groups and Kurdish soldiers (Peshmarga’s) captives from fronts particularly, from 09-06-1963 to 18-11-1963. Those prisoners were accused of being members of Iraqi Communist Party or Kurdistan Democratic Party which were considered as the opposition party of the government. Otherwise, they probably almost did not commit any crime against law and civilians. Therefore, it could be named them political prisoner in the mentioned period. While the Kurdish political prisoners were in Iraqi prisons. Particularly, after 9th Jun, 1963 till 18th November, they were brutally tortured by members of Iraqi militia “National Gourds”, who belonged to Baath’s party. Their brutal actions against Kurdish prisoners such as hitting, boxing, burning, withdrawing nails, and so on. These crimes are unforgettable in the contemporary history of Iraqi Kurdistan.
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Newton, Michael A. "The Iraqi High Criminal Court: controversy and contributions". International Review of the Red Cross 88, n.º 862 (junio de 2006): 399–425. http://dx.doi.org/10.1017/s1816383106000592.
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The Iraqi High Criminal Court established to prosecute Saddam Hussein and other leading Ba'athists is one of the most visible of the current efforts to establish criminal accountability for violations of international norms. Juxtaposed against other tribunals, the High Criminal Court has provoked worldwide debate over its processes and its prospects for returning societal stability founded on respect for human rights and the rule of law to Iraq. This article explores in detail the legal basis for the formation of the High Criminal Court under the law of occupation. It addresses the relationship between the Iraqi model of prosecuting crimes in domestic fora incorporating international law and the alternative model of transferring jurisdiction to an international forum. The controversial aspects of the Iraqi model are considered, such as the legitimacy of its creation, the revocation of official immunity, the procedural fairness of the Statute in the light of international norms, and the substantive coverage of what some have termed an internationalized domestic process. The author concludes that accountability for international crimes is one of the unifying themes that should bind humanity in common purpose with the Iraqi jurists as they pursue justice in accordance with international norms.
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Hagan, John, Joshua Kaiser, Anna Hanson y Patricia Parker. "Neighborhood Sectarian Displacement and the Battle for Baghdad: A Self-Fulfilling Prophecy of Fear and Crimes Against Humanity in Iraq". Sociological Forum 30, n.º 3 (27 de marzo de 2015): 675–97. http://dx.doi.org/10.1111/socf.12184.
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Ahmed, Awara Hussein. "The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili". As-Siyasi : Journal of Constitutional Law 3, n.º 1 (25 de junio de 2023): 45–63. http://dx.doi.org/10.24042/as-siyasi.v3i1.16724.
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The Yazidis are one of the oldest ethnic and religious communities originating from the Middle East. The majority of Yazidis reside in northwestern Iraq, in the areas around Mount Shingal and the Shekhan district. Throughout their history, Yazidis have faced genocide and many international crimes, most notably the 2014 Genocide by the Islamic State in Iraq and Syria (hereafter referred to as ISIS or IS), which had a significant international impact. The United Nations has recognised these atrocities as genocide in several of its reports. Moreover, several ISIS perpetrators have been prosecuted in various states. However, the verdict of the Frankfurt regional high court in Germany (hereinafter referred to as the Frankfurt Court) to sentence Taha Al-Jumaili is considered the first decision acknowledging crimes against Yazidis as genocide based on absolute universal jurisdiction and, from a legal perspective, as a result of intensive efforts. This research aims to conduct a clear legal evaluation of the Frankfurt court's decision to sentence Taha Al-Jumaili and compare it with internationally recognised criminal law standards. The method used is a legal analysis method to examine the relevant international conventions, laws, and court rules. The research findings indicate that the aforementioned decision has a valuable legal basis, as the Frankfurt Court, in its decision, concluded that Genocide can be committed by killing just one person if the legal conditions of Genocide exist in the crime, which they did in the case of Taha Al-Jumaili. In this sense, a genocide crime can be committed by killing a single person. Taha Al-Jumaili's criminal liability was the murder of a Yazidi girl, and he received a life sentence as a Genocide criminal. This sentence is in line with internationally recognised criminal law standards.
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Callamard, Agnes. "Towards international human rights law applied to armed groups". Netherlands Quarterly of Human Rights 37, n.º 1 (marzo de 2019): 85–100. http://dx.doi.org/10.1177/0924051918822848.
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This lecture explores the place of justice, accountability and remedies in the global agenda against terror, illustrated by a case study on Iraq and the Islamic State in Iraq and the Levant (ISIL.) The two international regimes traditionally applicable to the acts of armed groups, including “terrorist groups”, are international criminal law and international humanitarian law. The lecture argues that they carry each strong limitations, such as those related to the ‘‘armed conflict’’ nexus requirement. This lecture shows that a third regime, international counter-terrorism, has developed over the last two decades and become the de facto legal regime for armed non-State actors. This regime has displaced and weakened international humanitarian and criminal law while further eroding victims’ protection and accountability. The lecture further suggests that all three legal frameworks fail to capture the nature of control exercised by armed groups such as ISIL, and the extent of their functions, including those amounting to governance. The lecture argues that such functions can best be apprehended through international human rights law (IHRL). Tracing armed groups’ human rights obligations and legal personality to treaty and customary law, the lecture concludes with proposals to hold armed groups accountable under IHRL as well as possible approaches to strengthen accountability for crimes committed by ISIL.
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Evangelista, Matthew. "The Pitfalls and Promises of Human Rights Claims in the Chechen Wars: Russia at the European Court". European Review of International Studies 7, n.º 2-3 (17 de diciembre de 2020): 338–64. http://dx.doi.org/10.1163/21967415-bja10024.
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Abstract Russia’s brutal wars against the separatist republic of Chechnya, starting in the mid-1990s, entailed untold numbers of war crimes and human rights abuses, including kidnapping, extrajudicial killings, torture, murder, and vast destruction of property and civilian life by aerial bombardment and artillery barrages. Blocked from pursuing justice through the Russian courts or by having the Russian government fulfill its obligations under the Geneva Conventions, victims instead worked with activists and lawyers to bring cases before the European Court of Human Rights. Starting in 2003, the Court has found against Russia in some 250 cases – in effect bringing the higher standards of human rights law to the domain of armed conflict, normally regulated (with mixed success) by international humanitarian law (“laws of war”). The first step in the process of understanding this normative change is to identify and understand the transformation: from a normative standpoint, the Court rulings constitute a major achievement for civilian protections during wartime; they build on earlier precedents in cases against Turkey and the United Kingdom, which not only expand protections for civilians but also extend the espace juridique of the Court’s competence beyond Europe to include, for example, British military forces in Iraq. The second step provides a social-sciences perspective by adding an empirical dimension to the study of these cases. We see that the actual consequences of the Court’s decisions on the military practices of Russia and other states have been limited and may even portend a backlash that could undermine protections for civilians in warfare. The last step of normative analysis suggests that even if appeals to a court of human rights might not serve the goal of reducing war crimes in general, the use of human-rights norms retains a certain plausibility to the extent that if offers victims an opportunity to present their claims and seek remedies.
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Meron, Theodor. "International Criminalization of Internal Atrocities". American Journal of International Law 89, n.º 3 (julio de 1995): 554–77. http://dx.doi.org/10.2307/2204173.
Texto completoResumen
For half a century, the Nuremberg and Tokyo trials and national prosecutions of World War II cases remained the major instances of criminal prosecution of offenders against fundamental norms of international humanitarian law. The heinous activities of the Pol Pot regime in Cambodia and the use of poison gas by Iraq against its Kurdish population are among the many atrocities left unpunished by either international or national courts. Some treaties were adopted that provide for national prosecution of offenses of international concern and, in many cases, for universal jurisdiction; but, with a few exceptions, these treaties were not observed. Notwithstanding the absence of significant prosecutions, an international consensus on the legitimacy of the Nuremberg Principles, the applicability of universal jurisdiction to international crimes, and the need to punish those responsible for egregious violations of international humanitarian law slowly solidified. The International Law Commission, veterans of the Nuremberg and Tokyo proceedings, individuals such as Rafael Lemkin (who advocated the adoption of the Genocide Convention) and a handful of academics (most notably M. Cherif Bassiouni), among others, helped keep alive the heritage of Nuremberg and the promise of future prosecutions of serious violators of international humanitarian law.
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Igaab, Zainab Kadim. "Insulting in English and Iraqi-Arabic: A Pragmatic Study". English Language and Literature Studies 12, n.º 1 (22 de noviembre de 2021): 24. http://dx.doi.org/10.5539/ells.v12n1p24.
Texto completoResumen
Crimes are committed by uttering words or expressions, writing or signifying in a public way like insulting which is one of the crimes against public welfare. This crime has been dealt with and compared legally but its linguistic aspect has not been given much attention. This study tries to emphasize this crime pragmatically and contrastively in English and Arabic. No study has shed light on such aspects concerning the study under investigation. The researcher has not found any previous related study to get a benefit from about this topic. The aim of this study is to shed light on the points of similarity and difference in strategies of insulting in terms of speech act, implicature and impoliteness theories between English and Arabic. The present study hypothesizes the following: In terms of the three theories mentioned above, English and Arabic have points of similarities in strategies of insulting. To support or refute the hypothesis of the study, data consisting of 20 complaints in English and Arabic were collected from Courts of Appeal in Iraq, Britain and the United States. They are analyzed in terms of an eclectic model. The results arrived at are: English and Arabic are different in insulting in terms of the locutionary acts and illocutionary acts. Concerning impoliteness, the same strategies are applied to insulting in both languages. As far as implicature is concerned, the two languages are different in insulting.
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Marsaulina, Roce. "Radicalism in Political Perspective and Peace Education". International Journal of Science and Society 3, n.º 2 (11 de junio de 2021): 269–75. http://dx.doi.org/10.54783/ijsoc.v3i2.338.
Texto completoResumen
The international community is facing the same global situation and conditions for crimes against humanity that have occurred in decades, namely the radicalism movement and international terrorism. Indonesia, as the largest country in Southeast Asia, has experienced toughening of the radicalism movement based on religion as its basic reference. Moreover, the international terrorism movement Al Qaeda and the ISIS Group (Islamic State in Iraq and Syria) have become the mecca for the radicalism movement in Indonesia. How can Indonesia face the radicalism movement, what should Indonesia do and what is the solution so that Indonesia can be minimized from the crimes of radicalism and the global terrorism movement? This is what is discussed in this article. In Indonesia, the radicalism movement not only begins from thoughts based on religious teachings but also the political, ideological and enthusiastic elements of certain groups with different views and directions. In this article, the discussion begins with how religion responds to views about radicalism and radicalism movements, especially those that occur in Indonesia, a pluralistic country with various ethnic groups, various languages, cultural and religious traditions. Indonesia is a country with Pancasila as its state ideology. Apart from Religious Education which teaches how to live amongst fellow Indonesian citizens, to respect each other and respect differences, Indonesia also has the Bhineka Tunggal Ika (Unity in Diversity) as its national motto which reinforces the Pancasila philosophy, with life’s view and freedom to embrace the religion one believes in.
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Hamiti, Urtak. "The War of US against ISIS in Psychological Warfare and Internet as the New Frontline". European Journal of Interdisciplinary Studies 2, n.º 2 (30 de abril de 2016): 129. http://dx.doi.org/10.26417/ejis.v2i2.p129-134.
Texto completoResumen
Barbaric, savage, horrific-these were terms to define the decision of the Islamic State of Iraq and Syria (ISIS) to murder its captured Jordanian pilot by burning him alive inspired a thesaurus of horror and revulsion. The men who did it, the perpetrators were described by the media as mad men, thugs, monsters. To most of the people, the act itself seemed inexplicable and without sense. However, behind the choreographed and videotaped violence lies a calculated horrible cold logic. Although, ISIS is often portrait as a mighty force on the ground in Syria and Iraq, facts state that they control mainly communications between various provinces in both countries, and, as most guerrilla armies, are militarily weak by conventional measure. ISIS has little or almost none defense against the bombing campaign that is facing now, while US has formed a coalition that is confronting them on the ground as well, after President Barack Obama published the “New Security Doctrine” which includes degrading and finally destroying ISIS. ISIS, however, have proven to be very organized in promoting dramatic acts of violence against their enemies and promoting them two achieve two goals: use terror tactics as a psychological weapon against all those facing them and all those that are to face them in combat. Secondly, through usage of social network platforms to promote killings and executions, the aim of ISIS is to encourage recruits from out of Syria and Iraq, and elsewhere, to join them in their cause. Online operations of ISIS fall under a production group called the Al Hayat Media Center. The Center was created to seduce Westerners into joining the ranks of ISIS and also to distribute propaganda through social and media platforms. It is difficult to assess the success of this operation, but solid sources provided by US military and intelligence estimate that at least 300 Americans are fighting in the ranks of ISIS (at least two Americans have been killed fighting for ISIS in Iraq/Syria region) while the number of Europeans is in thousands. The US Response to this psychological kind of warfare came when President Barack Obama established the Center for Strategic Counterterrorism Communications (CSCC) aiming to combat terrorist propaganda. The main strategy of CSCC is not directly to confront ISIS operatives, but rather than that to deal with the people they are trying to recruit. Now, with almost entire international public opinion on their side, it is time for US to more actively respond to ISIS especially in the manner of psychological warfare since it is obvious that operations of “winning hearts and minds” of people in Iraq and Syria are not enough compared to ruthless tactics of ISIS which “winning hearts and minds” by brute force, terror, and vivid violent images. The online propaganda war is a new component to conflicts of 21st century that allows enemies to reach one another’s home fronts directly. ISIS might seem not so strong on the ground but it has captured one fundamental flaw of the media of 21st century-the one that bad news is always good news and that televised violence will always have an audience. ISIS has proclaimed that its goal is to create a caliphate of 21st century but its psychological warfare and propaganda is inspiring individuals throughout the West to commit horrible terrorist crimes. Could this be another mind game set up by ISIS, it remains to be seen. However one thing is for certain, US and its allies must tackle ISIS not only by planes and other military means, but also by a strategy that would eliminate its influence in spreading their propaganda.
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Hamiti, Urtak. "The War of US against ISIS in Psychological Warfare and Internet as the New Frontline". European Journal of Interdisciplinary Studies 4, n.º 2 (30 de abril de 2016): 129. http://dx.doi.org/10.26417/ejis.v4i2.p129-134.
Texto completoResumen
Barbaric, savage, horrific-these were terms to define the decision of the Islamic State of Iraq and Syria (ISIS) to murder its captured Jordanian pilot by burning him alive inspired a thesaurus of horror and revulsion. The men who did it, the perpetrators were described by the media as mad men, thugs, monsters. To most of the people, the act itself seemed inexplicable and without sense. However, behind the choreographed and videotaped violence lies a calculated horrible cold logic. Although, ISIS is often portrait as a mighty force on the ground in Syria and Iraq, facts state that they control mainly communications between various provinces in both countries, and, as most guerrilla armies, are militarily weak by conventional measure. ISIS has little or almost none defense against the bombing campaign that is facing now, while US has formed a coalition that is confronting them on the ground as well, after President Barack Obama published the “New Security Doctrine” which includes degrading and finally destroying ISIS. ISIS, however, have proven to be very organized in promoting dramatic acts of violence against their enemies and promoting them two achieve two goals: use terror tactics as a psychological weapon against all those facing them and all those that are to face them in combat. Secondly, through usage of social network platforms to promote killings and executions, the aim of ISIS is to encourage recruits from out of Syria and Iraq, and elsewhere, to join them in their cause. Online operations of ISIS fall under a production group called the Al Hayat Media Center. The Center was created to seduce Westerners into joining the ranks of ISIS and also to distribute propaganda through social and media platforms. It is difficult to assess the success of this operation, but solid sources provided by US military and intelligence estimate that at least 300 Americans are fighting in the ranks of ISIS (at least two Americans have been killed fighting for ISIS in Iraq/Syria region) while the number of Europeans is in thousands. The US Response to this psychological kind of warfare came when President Barack Obama established the Center for Strategic Counterterrorism Communications (CSCC) aiming to combat terrorist propaganda. The main strategy of CSCC is not directly to confront ISIS operatives, but rather than that to deal with the people they are trying to recruit. Now, with almost entire international public opinion on their side, it is time for US to more actively respond to ISIS especially in the manner of psychological warfare since it is obvious that operations of “winning hearts and minds” of people in Iraq and Syria are not enough compared to ruthless tactics of ISIS which “winning hearts and minds” by brute force, terror, and vivid violent images. The online propaganda war is a new component to conflicts of 21st century that allows enemies to reach one another’s home fronts directly. ISIS might seem not so strong on the ground but it has captured one fundamental flaw of the media of 21st century-the one that bad news is always good news and that televised violence will always have an audience. ISIS has proclaimed that its goal is to create a caliphate of 21st century but its psychological warfare and propaganda is inspiring individuals throughout the West to commit horrible terrorist crimes. Could this be another mind game set up by ISIS, it remains to be seen. However one thing is for certain, US and its allies must tackle ISIS not only by planes and other military means, but also by a strategy that would eliminate its influence in spreading their propaganda.