Ahead of September Expiry, UN Team Investigating Dae’sh Atrocity Crimes in Iraq Has Set Groundwork for Future Judicial Proceedings, Special Adviser Tells Security Council
The United Nations team investigating atrocity crimes committed in Iraq by Islamic State in Iraq and the Levant (ISIL/Da’esh) has laid the groundwork for future judicial proceedings, speakers told the Security Council today as they discussed ways to continue accountability efforts beyond the evidence-collecting body’s mandate expiry in September 2024.
Terabytes of evidence “will remain […] and Member States, including Iraq, could consider them in the future to hold ISIL perpetrators accountable for the international crimes they committed in Iraq,” said Ana Peyró Llopis, Acting Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD).
Presenting the Team’s twelfth report to Council members, she reported that over the past six years, UNITAD, in cooperation with Iraqi authorities, has excavated 67 mass graves; digitized 18 million pages of ISIL-related paper records and extracted data from a significant number of seized ISIL digital devices. To date, 20 third-States have requested assistance, she added.
Citing efforts to seek justice outside Iraq, she highlighted that the Central Criminal Court in Lisbon, Portugal, convicted an Iraqi Da’esh member in January for war crimes committed in Mosul, largely based on evidence provided by the Team in close cooperation with the Iraqi judiciary. “This is just one of the many examples where Iraqi judicial counterparts have supported the Team in responding to requests from third-State jurisdictions,” she said, stressing: “It speaks to the crucial role Iraq will play in ensuring the global accountability of Da’esh after the conclusion of the mandate”.
When the floor opened for interventions, delegates commended UNITAD’s work since its establishment in 2017, highlighting its close cooperation with the relevant stakeholders, including Iraq’s judiciary, victims and witnesses. They also explored ways to continue seeking justice after the Team dissolves.
The closure of UNITAD does not mean “the end of the fight for accountability against Da’esh,” said the representative of the United Kingdom, spotlighting its achievements over the past six years, including the vast collection and digitization of evidence of Da’esh atrocities; support to judicial proceedings in 20 jurisdictions, leading to 15 convictions; and the excavation of mass graves.
Agreeing, the Republic of Korea’s delegate, Council President for June, said in his national capacity: “The depth, breadth and speed of the work that UNITAD has undertaken for the last six years have been a source of global optimism for our common pursuit of justice against terrorism. Yet, our quest for justice against Da’esh does not stop in September”.
“The importance of maintaining, preserving, and managing the archives of the evidence collected by UNITAD cannot be overstated,” added the speaker for Guyana, asserting that these records must remain protected and accessible for future judicial proceedings.
For accountability efforts to “continue at the national level, even after UNITAD’s closure”, Iraqi authorities need more capacity-building and training to use the evidence collected by the Team, said the representative of Mozambique. UNITAD has also contributed to justice beyond Iraq’s borders, said the delegate of the United States, citing the prosecution of foreign terrorist fighters in their home States.
The speaker for Switzerland welcomed the exchange between UNITAD and the UN Archives and Records Management Section to establish a current archives system. She, however, opposed the evidence sharing in judicial proceedings that could lead to the death penalty and capital punishment in all circumstances.
While most Council members commended UNITAD’s work, the representative of the Russian Federation pointed to the “systemic failures” under the previous leadership of UNITAD. If the Team stringently respected its mandate and supported national authorities, “then the Iraqi judicial system would have already concluded the process” of holding terrorists to account. The “years-long sabotage by UNITAD leadership of their mandate” resulted in thousands of Da’esh members not being punished, she said, asking: “Who will be held accountable for such poor mandate delivery?”
Iraq’s representative expressed appreciation for international efforts to support his country’s “war against terrorism” and its pursuit of terrorists, expressing hope that issues about the custody of evidence will be resolved before the end of UNITAD in line with Council resolution 2697 (2023). He then urged the Team to set up a system to preserve evidence in Iraq, pledging his country’s commitment to doing whatever it takes to achieve justice and accountability.
Briefing
ANA PEYRÓ LLOPIS, Acting Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD), briefed the Security Council on the body’s twelfth report. Recalling that Council resolution 2697 (2023) extended the mandate of the Special Adviser and the Investigative Team until 17 September 2024 for the last time, she noted that the Team has initiated its drawdown and liquidation to ensure an orderly withdrawal from Iraq by that date, and concurrently continues to deliver its mandated activities under Council resolution 2379 (2017), which established the Team. Since her appointment — on 2 April 2024, she has met regularly with the Chair of the National Coordinating Committee— the designated representative of the Government of Iraq — and engaged with other stakeholders, she said.
Detailing the planned delivery of the Team’s remaining activities, she said that this calendar has been welcomed as “a guide for the final phase of the mandate”. According to the Team’s terms of reference, the competent Iraqi authorities shall be the primary intended recipient of the evidence, other materials and analysis. “Efforts have been made to return evidence back to the Iraqi authorities in a digital format that the Team has consolidated and enriched while developing its evidentiary holdings,” she said. In March, the Team returned 28 of the 40 terabytes of evidence to the Iraqi judiciary. Evidence collected from Kurdistan Regional authorities is ready for delivery and will be returned to them in the coming days. An analytical report on Diwan Bayt Al-Mal — the Treasury Department of Da’esh — was delivered to the Iraqi judiciary in February. A case assessment report on the Tikrit Air Academy massacre was delivered on 3 June. An analytical report on sexual and gender-based crimes and crimes against children against the Shi’a Turkmen will be prepared for delivery over the next days. And additional evidence, other materials and analyses will be delivered to the Iraqi authorities by 17 September.
She reported that over the past six years, the Team, in cooperation with Iraqi authorities, has excavated 67 mass graves; digitized 18 million pages of Islamic States in Iraq and the Levant (ISIL)-related paper records and extracted data from a significant number of seized ISIL digital devices. To date, 20 third-States have requested assistance. Of the 246 requests overall, 67 remain ongoing. In January, the Central Criminal Court in Lisbon, Portugal, convicted an Iraqi Da’esh member for committing war crimes in Mosul, largely based on evidence provided by the Team in close cooperation with the Iraqi judiciary. “This is just one of the many examples where Iraqi judicial counterparts have supported the Team in responding to requests from third-State jurisdictions,” she said, stressing: “It speaks to the crucial role Iraq will play in ensuring the global accountability of Da’esh after the conclusion of the mandate”.
The Team’s drawdown and liquidation include the closure of its offices and the proper management of its human resources and assets, she went on to say. Preparation of the Team’s records and archives, which include evidentiary and non-evidentiary records, has begun to ensure their transfer to the United Nations Secretariat by 17 September. She stressed that the UN records and archives would be preserved and stored in a manner that would ensure that they remain protected and accessible. Noting that this year marks the tenth anniversary since Da’esh declared itself a caliphate, she said the calls for accountability remain. “The Team has contributed towards addressing these calls by factually and legally assessing that the acts committed by ISIL in Iraq between 2014 and 2017 may amount to war crimes, crimes against humanity and genocide,” she said.
The Team’s work is now consolidated into one, centralized digital archive, organized in a manner that makes it easily searchable, she emphasized. More importantly, the chain of custody associated with this evidence has been done to an international standard to maximize its possible use in judicial proceedings. “These products will remain beyond the closure of the Team, and Member States, including Iraq, could consider them in the future to hold ISIL perpetrators accountable for the international crimes they committed in Iraq,” she said. Looking back to the “six years working with survivors, victim families and impacted communities, including Christian, Kaka’i, Shabak, Shi’a, Sunni, Turkmen and Yazidi,” she asserted: “They are, in many ways, inseparable from the legacy of the Team, and represent the reason why accountability for the international crimes committed by Da’esh in Iraq must continue.”
Statements
The representative of the United Kingdom spotlighted UNITAD’s achievements over the past six years, including the vast collection and digitization of evidence of Da’esh atrocities; support to judicial proceedings in 20 jurisdictions, leading to 15 convictions; and the excavation of mass graves. “This has been possible thanks to the close cooperation between the UNITAD team and the Iraqi authorities, as well as the brave and unwavering commitment of survivors to give their accounts and document the atrocities that occurred,” he observed. Further, he encouraged UNITAD to share evidence with Iraq and continue building the country’s capacity so that the Iraqi authorities can pursue accountability efforts after September. It is also essential that UNITAD evidence retained by the UN remains fully accessible so that it can continue to contribute to prosecutions against members of Da’esh for international crimes wherever they may be, he said, adding the closure of UNITAD does not mean “the end of the fight for accountability against Da’esh”.
The representative of Mozambique commended UNITAD’s work to implement resolutions 2379 (2017) and 2697 (2023), as well as progress made in the drawdown and liquidation of the Team ahead of the completion of its mandate. The closure of such mandate must occur in an orderly manner that respects Iraq’s sovereignty and jurisdiction over crimes committed in its territory and, in that context, he welcomed the sharing of evidence with relevant Iraqi authorities. Ensuring accountability for the crimes committed by Da’esh “must continue at the national level, even after UNITAD’s closure”, he stressed, emphasizing the need for capacity-building and training to allow Iraqi authorities to best use the evidence collected by the Team. Adding that UNITAD’s legacy lies in its commitment to justice, evidence preservation and ensuring accountability for the crimes committed by Da’esh, he said: “This needs to be preserved, beyond its mandate.”
The representative of Algeria commended the “unwavering efforts” of the Acting Special Advisor and her team to ensure a smooth and orderly conclusion of the Investigative Team. “We are assured by UNITAD’s open and transparent engagement with the Government of Iraq […] throughout its drawdown and liquidation phase,” he said, underscoring the need to ensure the proper preservation and storage of all evidentiary and non-evidentiary records and archives whose intended recipient is the competent Iraqi authorities. In that regard, he urged all relevant stakeholders to further prioritize capacity-building programmes over the remaining months of the Team’s mandate. “Respecting the sovereignty and jurisdiction authority of Iraq over crimes committed on its soil has been the foundational pillar of UNITAD’s work,” he asserted, calling on all actors to uphold this principle as future accountability efforts are pursued.
The representative of the Russian Federation said that the transfer of evidence from UNITAD to Iraqi authorities is a complicated task — not just because the Team will soon close. “We are talking about systemic failures, which the previous leadership allowed to occur,” she emphasized. While terrorists must be held accountable, the primary role must be played by the authorities and judicial organs of the States where the crimes occurred — particularly true for Iraq, where terrorist activities had catastrophic consequences throughout the country. Underscoring that the Team was not mandated to “supplant national justice” or impose any decisions on Iraq, she stressed that, if the Team stringently respected its mandate from the beginning and supported national authorities, “then the Iraqi judicial system would have already concluded the process” of holding terrorists to account. The “years-long sabotage by UNITAD leadership of their mandate” resulted in thousands of Da’esh members not being punished, she said, asking: “Who will be held accountable for such poor mandate delivery?”
The representative of China welcomed the positive progress achieved by the Team in its drawdown and liquidation phase over the past six-plus months. Encouraging UNITAD to continue implementing Council resolutions and complete its withdrawal in a timely and orderly manner, he said that priority must be given to the handover of evidence to the Iraqi authorities. It is imperative to ensure the Team’s approach to transparency and non-discrimination. UNITAD must obtain prior consent from the Iraqi Government before sharing evidence with a third State. Iraq remains at the forefront of the fight against terrorism, he said, calling for continued international support, including for national capacity-building.
The representative of Guyana said that “the atrocities inflicted by [Da’esh] have left a legacy of immense pain and suffering for the people of Iraq and the wider region”. The accountability sought through UNITAD’s mandate covers past crimes and is a cornerstone for peace, stability and the rule of law in the affected regions — “a deterrent to future atrocities”. Commending the Team’s efforts towards a smooth conclusion of its mandate, she said that increased cooperation with the Iraqi authorities during the drawdown period is essential. In this regard, she highlighted the Team’s efforts to equip Iraqi authorities to take essential steps in mass grave excavations and victim identification, archiving and digitization, digital forensics, witness protection and psychosocial support. “The importance of maintaining, preserving, and managing the archives of the evidence collected by UNITAD cannot be overstated,” she stressed, adding that these records must remain protected and accessible for future judicial proceedings.
The representative of France said that UNITAD “contributed meaningfully” by bringing together elements of proof that help to qualify acts perpetrated by Da’esh as international crimes. Further, its investigative work helped to document crimes against various religious communities and children, gender-based and sexual violence, the use of chemical weapons and the destruction of cultural heritage. She also commended the Team’s expertise in avoiding the loss or damage of evidence, as well as the “victim-centred approach and the gender perspective embraced by UNITAD in all its work”. Noting the September termination of its mandate, she stressed the importance of continuing to hold perpetrators accountable. The evidence gathered by the Team should remain accessible — including after its mandate terminates, and in third States — pursuant to UN policies for classification and access. “The fight against impunity should be pursued,” she urged, adding that justice must be delivered and perpetrators held accountable “regardless of their whereabouts”.
The representative of Ecuador said that UNITAD has proven to be “an example of cooperation” with Iraq, other States and international organizations. Noting that the Iraqi authorities are the main recipients of evidence collected in criminal proceedings, he said that it is up to them to continue with the tasks of investigating and prosecuting those responsible for war crimes, crimes against humanity and genocide. Establishing a repository of evidence in the UN Secretariat will facilitate requests from Iraq, other States, survivors and civil society organizations. UNITAD’s contribution to strengthening the capacity of Iraqi institutions must continue until its closure, he said, underscoring the need to “preserve the legacy of UNITAD as a testimony to the efforts of Iraq and the international community to prevent impunity for the crimes committed by Da’esh”.
The representative of Slovenia, noting that it has been 10 years since ISIL/Da'esh declared itself a caliphate, said the terrorism it inflicted has resulted in deep wounds on the societies affected in Iraq and beyond. The Team’s work, alongside that of Iraqi authorities, is critical to holding the group’s members accountable for crimes committed against Yazidis, Christians, and Shia Muslims and in some cases against Sunni Muslims, Kurds, and other minorities, as well as sexual and gender-based crimes and crimes against children. Expressing appreciation for the Team’s “survivor-centred approach and their perpetrator-centred investigations”, she encouraged Iraq’s Government to adopt relevant national legislation as soon as possible. Further, the materials and analyses produced by UNITAD must be stored in active and accessible archives that ensure further analysis of the evidence collected and its probative value, she stressed.
The representative of Malta, noting that the Investigative Team produced a rich set of materials and analyses which delivered factual and legal findings crucial to holding ISIL/Da’esh members accountable, said its approach gave survivors and witnesses the opportunity to contribute to the accountability process. “It is important to preserve the legacy of UNITAD,” she said, applauding the Team’s capacity-building support to the Iraqi authorities, particularly for archiving and digitalization. Also highlighting the training it gave to relevant civil society organizations on trauma-informed approaches, problem management and witness protection, she said the crimes committed against the Yazidi community — including murder, rape, sexual violence, torture, enslavement, sexual slavery, and conscription of children into an armed group — are particularly concerning. “Their stories, and the memories of the victims who perished, must be remembered,” she said.
The representative of the United States, underscoring that “there is no disputing the importance of UNITAD’s work”, said that accountability will contribute to peace and security in both Iraq and the region. Further, the Team provides wide-ranging support to Iraqi authorities, builds judicial capacity, facilitates the exhumation of mass graves, collects evidence, engages victims, families and survivors, and gathers battlefield evidence to identify perpetrators and understand Da’esh’s structure and operations. UNITAD also contributes to justice beyond Iraq’s borders, supporting the prosecution of foreign terrorist fighters in their home States. Stressing that perpetrators of grave international crimes “should not escape justice”, she called on the Council to support Iraq’s post-conflict transition past the expiry of UNITAD’s mandate — including ensuring that the transfer of evidence is conducted in a manner that preserves its evidentiary value. Given the critical importance of this work, the United States “expects an orderly and deliberate drawdown and liquidation of UNITAD’s functions”, she added.
The representative of Sierra Leone welcomed positive developments, including steps taken by Iraq’s Government to investigate and document Da’esh’s crimes in that country, hold perpetrators accountable and “ensure justice for the victims and the society at large”. He also urged the Government to continue reforming the security and justice sectors and adopting appropriate national legislation and regulatory mechanisms “to ensure the rule of law — now and post-UNITAD”. Spotlighting the potential risks associated with unaddressed mutual-assistance requests from third-party States — “and the significant impact this could have on future investigations and prosecutions” — he stressed that addressing this challenge is crucial. Accountability mechanisms, such as UNITAD, provide a “legacy of transparency, trust and stability” he said, urging the Government to give a voice to Da’esh’s victims — including the women and children subjected to horrific sexual violence. “We can use UNITAD’s efforts in Iraq to advocate for future accountability measures in other situations as appropriate,” he added.
The representative of Switzerland underscored that “justice for the victims of Da’esh crimes must remain a priority”. To this end, it is pivotal to ensure that all crimes committed by Da’esh are prosecuted in accordance with international law. “The end of UNITAD's mandate must not lead to impunity for the perpetrators of these crimes,” she stated, expressing support for the work of the Investigative Team and an impartial justice system committed to ensuring justice for the victims. As well, the evidence collected must remain accessible, she observed, welcoming the exchange between UNITAD and the UN Archives and Records Management Section to establish a current archives system. However, she opposed the evidence sharing in judicial proceedings that could lead to the death penalty and capital punishment in all circumstances. Highlighting UNITAD’s contribution to accountability efforts, she underlined that “the stories [of survivors and affected communities], like the memory of the victims who perished, must not be forgotten”.
The representative of Japan welcomed that UNITAD’s liquidation process is steadily proceeding and that the Team has been committed to transparent planning and more active engagement with Iraq’s Government. “In particular, the deepening understanding between the Government and UNITAD on handling evidence and other materials is a positive development,” she said. Spotlighting UNITAD’s accountability efforts for crimes committed by Da’esh, she underscored that “its legacy must be properly preserved and carried forward”. The Team has been rigorously engaged in collecting copies of the original evidence and other materials that may be used for legal procedures in the future, she observed, noting its contributions to the healing of survivors, families and impacted communities.
The representative of the Republic of Korea, Council President for June, spoke in his national capacity to underline three key measures to preserve UNITAD’s legacy. First, he called for tailored initiatives by UN system entities to help Iraqi authorities in their fight to combat terrorism beyond the closure of the Team. Second, it is imperative to ensure that the chain of sharing and storing evidence is uninterrupted. Access to UNITAD’s archives by other States is integral in pursuing criminal accountability for Da’esh crimes worldwide. To that end, his country joins the calls to establish a system to share UNITAD’s archives with other States. Third, the Government of Iraq must continue UNITAD’s efforts to end gender-based violence. “The depth, breadth and speed of the work that UNITAD has undertaken for the last six years have been a source of global optimism for our common pursuit of justice against terrorism,” he said, adding: “Yet, our quest for justice against Da’esh does not stop in September”. Da’esh is still committing crimes and spreading terror, and therefore UNITAD’s legacy must send a clear message to them: “Your reign of impunity is over,” he emphasized.
The representative of Iraq expressed appreciation for international efforts to support his country in its war against terrorism and its pursuit of terrorists. Noting Bagdad’s requests for the UNITAD drawdown, he acknowledged the progress made in a short period under the new leadership of the Investigative Team. He also expressed hope that issues about the custody of evidence will be resolved in the remaining period in line with Council resolution 2697 (2023). The Team’s twelfth report outlines the progress made and the phases it has completed in Iraq, he pointed out. It also notes the accountability achieved in cooperation with national authorities and capacity-building and training offered to Iraq to enable it to take over judicial functions once the drawdown is complete.
He said that his Government is working to build national capacity in counter-terrorism and bolstering its judicial system in a manner that is in harmony with the principles of human rights and full respect of its international obligations, and as stipulated by the Iraqi constitution. The Government has also made the necessary legal preparations for using evidence by national courts once handed over to Iraq. He urged UNITAD to set up a system to preserve evidence in Iraq, pledging his country’s commitment to doing whatever it takes to achieve justice and accountability.