MESOP MIDEAST WATCH : Finding Justice for the Yazidi Women Victims of the Islamic State  

Washington Kurdish Institute March 24, 2023 – The case of Yazidi (Êzîdî) women who have been victimized by Islamic State (Da’esh) terrorists was the subject of an international law event at the George Washington University Law School on March 20th.

Leah Calabro, Visiting Associate Professor and Fellow for the International and Comparative Law Program at GW Law, presented her research and scholarly work to the law school audience.

The Yazidis are a group of ethnically Kurdish people with a distinct religion who are native to Mesopotamia, now within the country of Iraq. They have faced persecution and discrimination throughout their history. Most recently, in 2014, the Yazidis were victims of Da’esh terrorists, who killed tens of thousands of Yazidis, enslaved thousands of Yazidi women and girls, and destroyed many of their recognized holy sites and towns.

After years of Islamist rule, the terrorist “Caliphate” of Da’esh was defeated physically in 2019 at the hands of the Kurdish-led Syrian Democratic Forces (SDF) with support from a US-led global coalition. However, to this date, only a few Da’esh terrorists have been criminally prosecuted in Europe; many remain in the al Hol prison camp in Syria. Meanwhile, the Yazidi communities, and particularly Yazidi women, remain the most vulnerable victims of Da’esh terrorism.

The terrorist acts of Da’esh against the Yazidis have most often been described as genocide, and according to Professor Calabro, under the Rome Statute, that designation is correct. However, Professor Calabro argues that genocide is not the only crime that Da’esh committed against the Yazidis. Of the fifteen international crimes enumerated in the Rome Statute — such as genocide, crimes against humanity, and war crimes — Professor Calabro concludes that the only crime that Da’esh did not commit against the Yazidis was the crime of apartheid.

In her research, Professor Calabro analyzes the applicability of human rights texts to the acts committed by Da’esh against Yazidi women. She also surveys human rights mechanisms, such as the International Criminal Court, ad-hoc tribunals, and domestic options in states where the crimes were committed or the perpetrators are citizens, and considers which of them could be viable avenues for the victims.

While justice will likely never be fully gained for the Yazidis, Professor Calabro’s scholarship is a valuable contribution to understanding possible paths toward some recognition of Da’esh crimes.