The report noted that ISIS, which considers the Yazidis to be infidels, has publicly cited the Yazidis’ faith as the basis for the attack of 3 August 2014 and its subsequent abuse of them. ISIS has referred to the Yazidi as a “pagan minority [whose] existence […] Muslims should question”, adding that “their women could be enslaved […] as spoils of war”.
Mr. Pinheiro stressed that there must be no impunity for crimes of this nature, recalling States’ obligations under the Genocide Convention to prevent and to punish genocide. The Commission repeated its call for the Security Council to refer urgently the situation in Syria to the International Criminal Court, or to establish an ad hoc tribunal to prosecute the myriad of violations of international law committed during the non-international armed conflict.
The Commission further noted that, with no path to international criminal justice available, it is likely that the first such prosecution of ISIS crimes against the Yazidis will take place in a domestic jurisdiction. It is essential, the Commission stated, that States enact laws against genocide, crimes against humanity and war crimes.
The Commission urged international recognition of the genocide, and stated that more must be done to assure the protection of this religious minority in the Middle East, and the funding of care, including psycho-social and financial support, for victims of this genocide.