Attachments
EXECUTIVE SUMMARY
a. This report presents factual and preliminary legal findings on the crimes committed by ISIL (Da’esh) members in Tikrit, al-Alam, al-Dour and al-Dhuluiya between 11 June 2014 and 31 March 2015 (“Relevant Period”). The Security Council, in its Resolution 2379 (2017) uses the term “Islamic State in Iraq and the Levant” (ISIL) and clarifies that it is also known as “Da’esh” or “ISIL (Da’esh)”. For simplification, this report uses the term “ISIL”.
b. The main factual findings of the report are as follows. The foundations for ISIL were laid in the early 2000s, with the creation of the Jama’at al-Tawhid wa’al-Jihad, renamed later as al-Qaeda in Iraq, and then Islamic State in Iraq. Whilst the Islamic State in Iraq experienced a decline in 2010-2011, by early 2012 it was revived under the leadership of Abu Bakr al-Baghdadi, significantly increasing its attacks against governmental and Shi’a targets. During 2012-2013, the group consolidated control over ungoverned areas of Iraq, orchestrated a series of major vehicle-borne improvised explosive device attacks and replenished its ranks with hundreds of members through eight prison breaks. Renamed as the Islamic State of Iraq and Levant in the spring of 2013, the organization gradually exploited sentiments of political and economic marginalization within the Sunni community. Whilst many Sunnis, including those protesting against marginalization, were opposed to violence, some of the protester groups were infiltrated by ISIL, and other groups ended up tolerating or cooperating with ISIL, even though they did not share the organization’s views. Public opinion often conflated “tribal revolutionaries” with ISIL or other groups, and ISIL used this, branding itself as “the rebels of Arab tribes”.
c. In Tikrit, ISIL’s attacks aimed to weaken governmental control, destabilize the city and surrounding areas and strengthen the group’s presence. Government personnel and those perceived as opposing ISIL were often attacked with improvised explosive devices and other weapons. In late 2013, these attacks increased in frequency and gravity with house detonations and roadside explosions becoming common occurrences.
d. On 10 June 2014, Mosul fell to ISIL. In anticipation of ISIL’s advance into Tikrit, local authorities took measures to defend Tikrit. Despite these measures and due to the absence of comprehensive, strategic instructions from the central government, a unified position could not be established, and the governorate’s security system ultimately collapsed. On 11 June 2014, ISIL entered Tikrit, quickly defeating the few remaining security personnel who put up resistance. ISIL fighters released prisoners from Tasfirat and other prisons, ransacked governmental and civilian buildings in the city, and entered the Presidential Palace Complex, making it its headquarters. On the same day, ISIL also took over al-Dour.
e. Three days after taking over Tikrit, ISIL attacked al-Alam. In the eyes of ISIL, al-Alam residents, especially members of the al-Jubouri tribe, were traitors because they supported the Iraqi government and helped fleeing security personnel and Tikrit Air Academy cadets. On 14 June 2014, negotiations took place between ISIL and the local leaders of al-Alam, but the latter refused ISIL’s demands, and this way the siege against al-Alam began, lasting until 22 June 2014. ISIL surrounded al-Alam from all directions; for about 10-12 days, ISIL shelled al-Alam with 180 rockets a day, with shells hitting private houses, damaging or destroying them. Essential items, such as food and medical supplies, were not allowed into the town. On 22 June 2014, an ISIL sniper shot and killed Umayyah Jabara, a prominent resident of al-Alam, who supported the resistance by frequently visiting the frontline, supplying food to and boosting the morale of the fighters. As a result, 40-50 al-Alam families tried to leave the town, but they were apprehended and detained by ISIL. New negotiations began, and in exchange for releasing the families, ISIL was allowed to enter al-Alam. It did so on 23 June 2014, with a convoy of more than 100 vehicles that paraded through the town.
f. During the Relevant Period, ISIL members detained and mistreated hundreds of residents in Tikrit, al-Alam and al-Dour. Those apprehended and detained were perceived by ISIL as enemies of the organization, especially police and security forces as well as government personnel. Civilians with none of the aforementioned affiliations were also apprehended if seen as non-compliant. Residents were apprehended from their home or the street and taken to various ISIL-run detention centers, where they were held for hours, days, weeks or even months. Residents of Tikrit were mainly held in the Crimes Directorate detention center of the Presidential Palace Complex, but also in other locations, such as a gymnasium on 40th Street. Residents of al-Alam were held in appropriated houses, such as one belonging to a member of a Parliament who fled al-Alam before ISIL’s entry, or were transferred to other detention locations in al-Dour and Mosul. In al-Dour, residents were held in appropriated apartments. During such detentions, detainees were often deprived of food, water, access to restrooms, medicine or medical facilities. At least dozens of detainees were mistreated, i.e. insulted, threatened, spat on, slapped, kicked, beaten, hanged to handrails. Some detainees had their shoulders dislocated, others had their wrists cut from the plastic rope used to handcuff them. At least one captive had his hands cut off.
g. During the same time, dozens of executions took place in Tikrit, al-Alam and al-Dour. Residents were hanged, beheaded or shot, often in the presence of a crowd that was forcefully gathered to witness the killing. Some executions were also photographed or filmed by ISIL.
h. ISIL members also engaged in arbitrary searches and unlawful appropriation and/or destruction of private property, when they deprived residents of their vehicles, weapons, cash and other items and when they looted, occupied, burnt down or blew up houses, farms or shops belonging to locals in Tikrit, al-Alam and al-Dour. ISIL members also severely damaged the Shrine of the 40 in Tikrit and destroyed the Shrine of Abu Ajja in al-Awja, near Tikrit. Several other religious and historical monuments as well as tombs in Tikrit’s graveyards were damaged or destroyed. Likewise, ISIL members destroyed the Shrine of Imam Mohammed Durri and the Shrine of Saleh Ibrahim in al-Dour.
i. During the Relevant Period, thousands of residents of Tikrit, al-Alam and al-Dour left their homes. They did so because they feared for their safety and their lives; they feared that they or their loved ones would be subjected to arbitrary arrest, detention, mistreatment and/or execution at the hands of ISIL members. They feared further looting, appropriation or destruction of their property. Many residents left not because ISIL directed them to leave, but because they had no genuine choice to remain in their home given the possible consequences. That being said, hundreds of al-Alam families left when ISIL expressly directed members of the al-Jubouri tribe to leave the town in four hours on 9 November 2014.
j. In contrast with the events in Tikrit, al-Alam and al-Dour, ISIL never managed fully to take control of al-Dhuluiya. ISIL members briefly entered al-Dhuluiya on or about 12 or 13 June 2014, but they were beaten back from the southern part of the town by residents, primarily members of the al-Jubouri tribe, who took up arms to defend their home. As a result, ISIL retreated to the northwest area of the town. A 10-15-day truce was established, which ended on or about mid-June 2014. For the next six months, southern alDhuluiya fought and resisted ISIL. The town was encircled by ISIL fighters and attacks were launched on a daily basis. ISIL fired thousands of shells into southern al-Dhuluiya. These projectiles were launched without prior warning, hitting many family homes and civilian buildings. Many of the injured anddeceased were civilian men, women and children struck by shelling and mortar attacks far from the battlefront. Around 60 to 65 private houses near the frontline as well as a mosque and a school/makeshift hospital in the city center were damaged or destroyed. ISIL members also cut electricity and other basic supplies from residents of al-Dhuluiya.
k. On or about 14 September 2014, ISIL members shot chlorine gas shells at the frontline near the city center of al-Dhuluiya, in full knowledge of the small size of the town and that the wind would swiftly carry the asphyxiating gas towards the residents. Victims experienced suffocation, extreme nausea, vomiting, loss of bodily control and loss of consciousness within minutes of exposure. Many continue to endure serious health issues today. They suffer from respiratory problems, musculoskeletal problems and neurological problems.
l. Al-Dhuluiya was liberated in January 2015, while Tikrit, al-Alam and al-Dour in March-April 2015.
m. The main preliminary legal findings are as follows. There are reasonable grounds to believe that the aforementioned acts may amount to crimes against humanity and war crimes. In particular, there are reasonable grounds to believe that, during the Relevant Period:
• Imprisonment, other inhumane acts, torture, murder and forcible transfer as crimes against humanity were committed against residents of Tikrit, al-Alam and al-Dour;
• Persecution as a crime against humanity was committed against individual residents of Tikrit and al-Dour, and against all residents, predominantly belonging to the al-Jubouri tribe, in al-Alam and al-Dhuluiya;
• Arbitrary detention, cruel treatment, torture and murder as war crimes were committed against residents of Tikrit, al-Alam and al-Dour; and
• Unlawful attacks against civilian objects, pillage, damage or destruction of cultural property and acts or threats of violence the primary purpose of which is to spread terror as war crimes were committed against residents of Tikrit, al-Alam, al-Dour and al-Dhuluiya.
n. Furthermore, there are reasonable grounds to believe that unlawful attacks against civilians as a war crime was committed against residents of al-Alam and al-Dhuluiya during the siege of these towns.
o. Lastly, there are reasonable grounds to believe that, on or about 14 September 2014, the use of poisonous weapons and/or the use of asphyxiating weapons as war crimes were committed against residents of al-Dhuluiya.