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Humanitarian Crisis and Violations of Human Rights in ISIS-held Areas in Iraq and Syria
by Rene Wadlow
2014-08-27 12:38:25
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In a 25 August 2014 Statement, the outgoing UN High Commissioner for Human Rights, Novi Pilly condemned the “appalling, widespread and systematic violations of human rights” by the Islamic State in Iraq and Syria (ISIS). The violations included targeted killings, forced conversions to Islam, abductions, trafficking of women, slavery, sexual abuse, destruction of religious and cultural sites of significance and the besieging of entire communities because of ethnic, religious and sectarian affiliation. Among those directly targeted have been Christians, Yesidi, Turkomen, and Sabaeans.

In Nineveh Governorate, especially Yesidi have been killed, kidnapped, and women and children taken as slaves. In addition to the violation of human rights, the High Commissioner reflected other UN reports stressing the humanitarian crisis and the severe shortages of food, water and the lack of medical services.

As an NGO representative to the United Nations, Geneva, and active on human rights issues, I had already raised the issues of two major religious minorities in Iraq at the UN Commissioin on Human Rights: the Yazidis and the Mandaeans. Here I ask if their fate can be identified as genocide under the 1948 Convention for the Prevention and Punishment of the Crime of Genocide. My concern with the Yazidi (also written as Yezidi) dates from the early 1990s and the creation of the Kurdish Autonomous Region. Many of the Yazidis are ethnic Kurds, and the government of Saddam Hussein was opposed to them not so much for their religious beliefs but rather because some Yazidis played important roles in the Kurdish community seen as largely opposed to the government. The Yazidis also had some old ownership claims on land on which oil reserves are found in northern Iraq.

My concern with the Mandaeans (also written as Sabean-Mandeans) came in the early 2000s after the US invasion when the Mandaeans were persecuted as being supporters of Saddam Hussein and most fled to Syria. A word about the faiths of the two groups which helps to explain their special status. Although both are called “sects” and are closed religious communities which one can only enter by birth, they are faiths even if the number of the faithful is small.

The Mandaeans are a religious group formed in the first centuries of the Common Era in what is now Israel-Palestine-Jordan. Over time, they migrated to southern Iraq in the area of Basra as well as to what is now the Islamic Republic of Iran. One of their distinctive signs is the frequent purification by running water −baptism. They honor John the Baptist, described in the Christian Gospel of Luke, but are probably not direct descendants of his followers. At the time of John and Jesus, there were a good number of movements which had purification by water as one of their rituals. The Mandaean scripture The Book of John is probably a third-century collection. The Book of John was used in Mandaean rituals and services but was never published to be read by others. Given intellectual and historic interest in the Mandaeans, the Mandaean leadership authorized the publication of their scriptures. As a sign of respect, the first printed copy was given to Saddam Hussein as President of the country. In the confused situation after the US occupation of Iraq, the book presentation was enough to have some accuse the Mandaeans of being Saddam Hussein supporters. Under increasing pressure, the vast majority of Mandaeans left Iraq for Syria (the frying pan into the fire image). Now they are caught in the Syrian civil war, unable or unwilling to return to Iraq. A small number of Mandaeans have been granted refugee status in the US and Western Europe.

There has been some intellectual mutual interplay among the Mandaeans and the Yazidis, but they are separate faiths and located in different parts of Iraq. The structure of the Yazidi worldview is Zoroastrian, a faith born in Persia proclaiming that two great cosmic forces, that of light and good, and that of darkness and evil are in constant battle. Man is called upon to help light overcome evil.

However, the strict dualistic thinking of Zoroastrianism was modified by another Persian prophet, Mani of Ctesiphon in the third century CE who had to deal with a situation very close of that of ours today. Mani tried to create a synthesis of religious teachings that were increasingly coming into contact through travcl and trade: Buddhism and Hinduism from India, Jewish and Christian thought, Helanistic Gnostic philosophy from Egypt and Greece as well as many smaller, traditional and “animist” beliefs. He kept the Zoroastrian dualism as the most easily understood intellectual framework, though giving it a somewhat more Taoist (yin-yang) flexebility, Mani having traveled in China. He developed the idea of the progression of the soul by individual effort through reincarnation − a main feature of Indian thought combined with the ethical insights of Gnostic and Christian thought. Unfortunately, only the dualistic Zoroastrian framework is still attached to Mani's name − Manichaeism. This is somewhat ironic as it was the Zoroastrian Magi who had him put to death as a dangerous rival.

Within the Mani-Zoroastrian framework, the Yazidi added the presence of angels who are to help man in his constant battle for light and good, in particular Melek Tawis, the peacock angel. Although there are angels in Islam, angels that one does not know could well be demons, and so the Yazidis are regularly accused of being “demon worshipers” (2).

With the smaller Mandaean faith, originally some 60,000 people, now virtually destroyed in Iraq and unable to function effectively in Syria, the idea of ridding a country of the near totality of a faith is not for the ISIS an “impossible dream”. There are probably some 500,000 Yazidis in Iraq. Iraq demographic statistics are not fully reliable, and Yazidi leaders may give larger estimates by counting Kurds who had been Yazidis but had been converted to Islam. There had been some 200,000 Yazidis among the Kurds of Turkey but now nearly all have migrated to Western Europe, Australia and Canada.

Already in the last days, some 150,000 Yazidis have been uprooted and have fled to Iraqi Kurdistan. Thus most Yazidis could be pushed into an ever-smaller Kurdish-controlled zone of Iraq and Syria. The rest could be converted to Islam or killed. The government of the autonomous Kurdish region of Iraq has done little (if anything) to help the socio-economic development of the Yazidis, probably fearing competition for the Kurdish families now in control of the autonomous Kurdish government and society. Now the Kurdistan government and civil society groups are stretched well beyond capacity with displaced persons from Iraq and Syria.

If one is to take seriously the statements of the ISIS leadership, genocide − the destruction in whole or in part of a group− is a stated aim. The killing of the Yazidis is a policy and not “collateral damage” from fighting. The 1948 Convention for the Prevention and Punishment of the Crime of Genocide allows any State party to the Convention to “call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide.” Thus far no State has done so by making a formal proposal to deal with the Convention although there may be when the UN Human Rights Council begins its regular session on 8 September 2014.

With the incomplete but dramatic evidence at hand, I would maintain that the ISIS policy is genocide and not just a control of territory. Although the UN “track record” of dealing with genocide is very mixed, the first immediate step is for a State to raise the issue within the UN in order to set a legal approach in motion. (2)



A Yazidi website has been set up by Iraqis living in Lincoln, Nebraska, USA. The website is uneven but of interest as a self presentation: www.yeziditruth.org

See the very complete study: William A. Schabas Genocide in International Law

(Cambridge University Press, 2000). William Schabas has recently been named as leader of a three-person UN investigation on the conflict in Gaza.

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Nikos Laios2014-08-27 13:36:51
Thank you for your article, for highlighting the most appalling crime in the Middle East and the world at the moment. Your voice is a lone voice in the wilderness;where the voices throughout the Middle East at the moment are eerily silent over this issue.Where are the protests in the streets? Where are the rioting crowds demanding justice for the Yesidis,Christians and other minorities in Iraq and Syria? Their deafening silence is a crime of complicity in itself.Death and violence solve nothing and is to be abhorred; but obviously 2,100 deaths elsewhere in the Middle East are more important to some than 191,000 elsewhere in the Middle East, and the genocide of ancient long established peoples...........

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