The Committee on Legal Affairs and Human Rights concludes
that in Syria and Iraq, Daesh has committed genocidal acts against
the Yazidi, Christian and non-Sunni Muslim minorities with intent
to destroy those groups, in whole or in part, as well as other crimes
under international law.
Neither Syria nor Iraq is Party to the International Criminal
Court (ICC), whose jurisdiction includes these crimes. The United
Nations Security Council has been prevented from referring the situation
in Syria to the ICC. The ICC Prosecutor has declined to open an
investigation. There is at present no international judicial mechanism
capable of trying Daesh. The primary responsibility for prosecuting
crimes under international law rests, however, with national authorities.
Member and observer States of the Council of Europe and parliaments
having observer or partner for democracy status with the Parliamentary
Assembly should recognise the genocide committed by Daesh and take
specific action to prevent and punish these and other crimes under
international law. The United Nations should establish appropriate
mechanisms for investigating serious crimes committed in Iraq, and
consider establishing a special judicial mechanism for trying the
perpetrators. The committee also proposes making practical recommendations
to Syria and Iraq, the Independent International Commission of Inquiry
on the Syrian Arab Republic and the ICC Prosecutor.