Investigating and prosecuting the crimes committed by ISIS is an important step towards bringing lasting peace to Iraq. Once all ISIS held territory in Iraq had been liberated, the question arose of how the crimes of this terrorist organisation can be fully investigated. Iraq lacks the structures that are needed to preserve all of the related evidence, which must be done to ensure subsequent investigation in accordance with international standards.

Guaranteeing independent investigations

In 2017, the United Nations, at the request of the Governments of Iraq and the United Kingdom, established UNITAD, the United Nations Investigative Team to Promote Accountability for Da’esh/ISIL Crimes. This independent investigation unit, which is based in Iraq and is currently still being built up, is comprised of international and Iraqi experts. Its mission is to assist Iraqi authorities with the collection and preservation of evidence, with a view to ensuring comprehensive investigation of crimes committed by ISIS. However, all of the information and evidence that is collected will be made available to the judicial authorities of third countries, as well, so that ISIS crimes can also be prosecuted abroad.

German assistance with the preservation of evidence

Germany is assisting UNITAD’s work by seconding an expert to the team, as well as by providing financial assistance to the partner organis

ation International Commission on Missing Persons (ICMP), thus helping to establish, and providing legal support to UNITAD. The German Government believes that early action must be taken to systematically preserve and prepare evidence, in order to provide a basis for prosecution of the crimes committed by ISIS. This support is part of the German Government’s networked approach in Iraq, which includes professional capacity building for law enforcement agencies and the judiciary, as important rule of law pillars in Iraq.