The Iraqi Parliament’s passage of the amended personal status law and the Second Amendment to the General Amnesty Law on January 21, 2025, has sparked significant concern and condemnation, particularly among women, girls, and minority communities who have endured unimaginable suffering at the hands of Daesh. The amended personal status law grants increased authority to Islamic courts in family matters, including marriage, divorce, and inheritance, enabling clerics to interpret and apply Islamic law according to their understanding. This shift raises profound concerns about the potential legalization of child marriage, effectively lowering the minimum age established by the Personal Status Act of 1959. By prioritizing traditional Islamic jurisprudence, which considers a girl’s puberty as the marker for marriageability, the amended law jeopardizes the progress made in protecting young girls from the harms of early and forced marriage. This move threatens to deepen existing inequalities and further marginalize vulnerable populations within Iraq.
The Second Amendment to the General Amnesty Law, also passed on January 21, 2025, contains provisions that could allow perpetrators of heinous crimes committed by Daesh to evade justice. This decision has drawn sharp criticism, particularly from the Yazidi community, who bore the brunt of Daesh’s genocidal campaign. The Yazidis, subjected to mass killings, enslavement, and sexual violence, have witnessed a betrayal of their pursuit of justice and accountability. The amnesty law, seemingly born from political maneuvering rather than a genuine pursuit of justice, risks undermining the delicate process of national reconciliation and perpetuating a cycle of impunity that allows perpetrators to walk free. This action serves to retraumatize survivors and undermines efforts to rebuild trust and foster peaceful coexistence within Iraq.
The Yazidi community experienced the full force of Daesh’s brutality on August 3, 2014, when the terrorist group launched a devastating attack on Sinjar. Thousands of Yazidis were killed, with men and elderly women primarily targeted, while boys were abducted and forced into becoming child soldiers. Yazidi women and girls suffered horrific atrocities, including kidnapping, sexual slavery, and systematic rape. To this day, over 2,600 Yazidi women and children remain missing, their fates unknown. The breadth and depth of Daesh’s crimes against the Yazidi community, encompassing murder, enslavement, deportation, forced displacement, torture, and exploitation, constitute undeniable acts of genocide and crimes against humanity. The amnesty law threatens to erase these crimes and deny survivors the justice they deserve.
While some international efforts have been made to investigate and prosecute Daesh perpetrators, within Iraq, these prosecutions have primarily focused on terrorism-related offenses, failing to address the specific crimes committed against the Yazidi community. The prospect of releasing Daesh fighters under the amended amnesty law adds insult to injury for the Yazidis, compounding their trauma and perpetuating their suffering. The absence of accountability for the atrocities endured by the Yazidi community underscores a profound failure of the Iraqi legal system to protect its most vulnerable citizens and uphold its responsibility to pursue justice.
Nadia’s Initiative, a non-governmental organization founded by Nobel Peace Prize laureate Nadia Murad, a Yazidi survivor herself, has issued a powerful statement on behalf of the Yazidi community condemning the passage of the amnesty law. The statement describes the law as a “devastating blow” to efforts seeking justice and accountability for the atrocities committed against the Yazidis. It argues that the law violates fundamental human values, ethical principles, and Iraq’s constitutional and legal frameworks. Furthermore, the statement highlights the law’s origin as a political deal among major Iraqi components, devoid of due legal process and disregarding the rights of victims. Such political maneuvering, prioritizing expediency over justice, jeopardizes the foundations of national reconciliation and exacerbates existing societal divisions.
The Yazidi community’s statement urges the President of the Republic to refrain from ratifying the amnesty law and calls upon the Federal Supreme Court to review its constitutionality. The statement emphasizes the imperative of holding accountable all those who contributed to, participated in, or supported Daesh’s crimes, aligning with Iraq’s international commitments to combat terrorism and prevent impunity. The Yazidi community’s plea for justice reflects not only their own profound need for closure and healing but also a broader call for Iraq to confront its past and build a future based on accountability and respect for human rights. Failure to address these fundamental issues risks further marginalization of minority communities and jeopardizes the prospects for lasting peace and stability in Iraq. The international community must stand in solidarity with the Yazidis and other victims of Daesh, supporting their pursuit of justice and holding the Iraqi government accountable for upholding its obligations to protect its citizens and ensure that those responsible for these atrocities are brought to justice.
