Introduction
Combating
genocide, like any other crime, requires two stages of study. The first focuses
on the conceptual aspect of the crime, as outlined by the 1948 United Nations
Convention on the Prevention and Punishment of the Crime of Genocide and
further explored by the international criminal tribunals that have prosecuted
the crime of genocide. The second stage involves applying the elements of the
theoretical aspect to real-life cases to achieve the objectives sought from the
theoretical aspect. This is achieved by studying each case individually. And
the genocide against the Yazidis is a significant case that not only revealed
the dimensions of the shortcomings in international and domestic legislation
protecting minorities, but also alerted us to the failure of addressing the
recurring crimes against this minority by shedding light on its history, which
is structured around the dates of the crimes committed against them. When
examining the unlawful behaviors committed against the Yazidis by extremist
terrorist groups in 2014, we find that they, taken together, can almost be
directly classified as genocide. This genocide not only caused human losses,
but also deepened the trust gap between the Yazidis and other Iraqi
communities. This is far more dangerous than genocide, as it paves the way for
divisions and conflicts that threaten national unity and the social fabric of
Iraq. This emphasizes the importance of protecting minorities in general, as
they are an essential part of Iraqi society, and protecting the Yazidis in
particular, as they are the primary target of this fabric.
The importance of the research
The research examines the Yazidi
community and the genocide committed against them. Therefore, the importance of
the research can be summarized as follows:
1- Finding and learning about the
Yazidi identity through its roots, past, and present.
2- Reviewing the chronological
history of crimes committed against the Yazidi community from its emergence to
the present.
3- Presenting the results of
international efforts, through the United Nations and international and
quasi-international criminal courts, in developing the concept of the crime of
genocide.
4- Discussing the legal aspects of
the crime of genocide in general, and its distinctive legal aspects in
particular, and the extent to which it can be reconsidered within traditional
concepts of criminal law.
5-
Presenting a comprehensive review of the crimes committed against the
Yazidis by extremist terrorist groups in 2014.
6- Examining the possibility of
classifying these crimes as genocide and the theoretical challenges facing such
classification.
7- Examining the possible
international and local means of prosecuting those responsible for the crimes
committed against the Yazidis.
8- Reviewing the cases in which the accused were tried for the Yazidi genocide and drawing conclusions from the nature of these cases.
The question of the research
Several fundamental issues arise in
classifying the crimes committed against the Yazidis by the terrorist groups as
genocide. These include the extent to which the Yazidis could be classified as
a protected group, given that until recently, some states treated them as a
Muslim sect. Thus, it is not possible to consider the crimes committed against
them as crimes based on race, ethnicity, or religion…. Therefore, it is
necessary to examine the extent to which they constitute a permanent, stable,
and distinct group. Furthermore, the requirement for the crime of genocide to
include an international element raises the question of the extent to which the
crimes committed against them between 2014 and 2017 include this element.
Finally, the fact that these crimes are only the most recent case in a long
chain dating back nearly a thousand years raises the urgent need to provide
legal protection for minorities in general, and the Yazidis in particular, at
both the international and domestic levels.