The stumbling block to prosecuting Islamic State soldiers for their atrocious crimes

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OPINION: The stumbling block to prosecuting Islamic State soldiers for their atrocious crimes

The ICC certainly has jurisdiction over the crimes in question — war crimes, genocide, crimes against humanity and aggression. It also has an advanced gender justice mandate to bring charges related to rape, sexual slavery, enforced pregnancy and other forms of sexual and gender-based violence known to have been committed by Islamic State rebels against their perceived enemies.

A current case before the ICC may also pave the way to bring charges against militia who commit atrocities against members of their own community — including enslavement or kidnapping of women, or rape.However the ICC does not have jurisdiction over the territory on which these crimes were committed. Neither Iraq nor Syria have signed the ICC's Rome Statute. The ICC Prosecutor, Fatou Bensouda, cannot bring charges herself.

The Rome Statute gives authority to the UN Security Council to refer a matter to the ICC in cases where a state is not party to the Court.The Security Council has voted a dozen times between 2011 and 2018 to bring the Syrian situation before the ICC, and a dozen times Russia, often with China's backing, has vetoed the move.

 

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Easy kill them all

Why not hand them to the current Iraqi and Syrian Gov to deal with them After all, these ISIS thugs committed crimes in Syria and Iraq, and were captured in Syria and Iraq

Breaking C_A is sending ISIS fighters with papers to Iraq .... Can you say Mop Up Operation ?

Yeah the stumbling block is Bush & Obama could not find them for 16 years and said they would probably be there for 40 - 50 years. Enter Trump who recently told Deep State to go pick up there ISIS fighters before they visit them on their doorsteps.

. So 'we' go into Syria despite the Syrian govt not approving, blow up entire cities with our jets & guided bombs, killing thousands of innocent people, displacing tens of thousands, and this author wants an investigation for war crimes? Good thing 'we' run the courts...

Don't waste time and money on sending them to the ICC...one bullet to the head for each isis fighter is a much cheaper option

The UN is involved so the caliphate is not over, just relocating. The UN is sympathetic to terrorism.

I seriously doubt that .... Right on track. Bush & Obama couldn`t find ISIS for 16 years and President Trump cleans them out in just 2 years.

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