Promoting Accountability Globally

Both Security Council resolution 2379 (2017) and the Terms of Reference (S/2018/118, Annex) included provisions indicating that, in addition to leading the Investigative Team, the Special Adviser will, while avoiding duplication of efforts with other relevant United Nations bodies, promote accountability throughout the world of acts by ISIL (Da’esh) that may amount to war crimes, crimes against humanity and genocide. Paragraph 26 of the Terms of Reference also indicated that evidence, materials and analyses of the Team were for use in fair and independent criminal proceedings conducted by competent domestic courts in Iraq and in third States. Accordingly, the Investigative Team worked to promote the accountability of ISIL (Da’esh) through its provision of support to third State investigations and prosecutions and the organization of special events.

Support to Third State Investigations and Prosecutions

During its mandate, the Investigative Team received three hundred and two (302) requests for assistance from twenty-one (21) third States to support their investigations and prosecutions. Responding to these requests was an integral task of the Team to ensure the broadest possible use of the evidence it had collected before national courts. The range of support provided by UNITAD to third State investigations and prosecutions included locating and interviewing witnesses; disclosing evidence from its holdings; and the provision of expert testimony.

Ultimately, at least nineteen (19) cases in third States that were under investigation and led to indictments were supported by the Investigative Team; at least fifteen (15) indictments resulted in convictions so far. Several other investigations in third States that had been supported by the Team were set to be prosecuted at the time of its closure. Notable convictions for international crimes relevant to its mandate in courts globally include:

• A male ISIL (Da’esh) member was found guilty of war crimes, crimes against humanity and genocide for the enslavement of a Yazidi female and her daughter in Fallujah, and the subsequent death of the daughter who he tied up and left outside in over 50^oC temperatures (Germany, 2021)
• A female ISIL (Da’esh) member was found guilty of war crimes for her omission as a legal guardian to protect her son, who was twelve (12) at the time, from being recruited and used as child soldier by ISIL in Syria where he was subsequently killed (Sweden, 2022)
• A male ISIL (Da’esh) member was found guilty of committing war crimes after being charged with the kidnapping and whipping of a civilian in Mosul. He was additionally convicted, along with his brother, of membership in a terrorist organization (Portugal, 2024)

Special Events

In partnership with the National Coordinating Committee (NCC) and Iraqi Embassies abroad, the Investigative Team organized six special events to demonstrate the joint efforts and progress being made to hold ISIL (Da’esh) accountable for its crimes. These events also provided an opportunity to shed light on how the unique cooperation between the Team and its Iraqi counterparts worked in practice.

• Da'esh/ISIL Use of Chemical Weapons - A Global Threat: Co-hosted with the Permanent Missions of Iraq and India at the United Nations Headquarters in New York, USA (June 2023).

• Command Responsibility, Identifying Leaders and the Role of Da’esh/ISIL Foreign Fighters: Co-hosted with the Permanent Mission of Iraq to the League of Arab States and League of Arab States General Secretariat in Cairo, Egypt (November 2022).

• The Pattern of Mass Killing - Da’esh/ISIL Crimes against Tikrit Air Academy Personnel: Co-hosted with the Permanent Missions of Iraq and Finland at the United Nations Headquarters in New York, USA (June 2022).

• Investigating Financial Dimensions of War Crimes, Crimes against Humanity, and Genocide: Co-hosted with the Embassy of Iraq in Germany and the German Federal Foreign Office in Berlin, Germany (April 2022).

• Ensuring Global Accountability for Da'esh/ISIL Financing: Co-hosted with the Permanent Missions of Iraq and Germany at the United Nations Headquarters in New York, USA (December 2021).

• Delivering Accountability with Innovation and Partnership: A United Nations Security Council Arria Formula meeting held at United Nations Headquarters in New York, USA (May 2021).