Dutch Woman Faces Trial For Involvement In Crimes Against Yazidis
(ANALYSIS) On Oct. 14, a trial of a Dutch member of Daesh, also known as the Islamic State group, began in The Hague, Netherlands.
The Dutch national, known as Hasna A., is being tried for crimes against Yazidi women. As commented by Yazda, a Yazidi-led nongovernmental organization, the trial represents a pivotal moment in the global fight for justice and accountability for crimes committed by Daesh, over a decade after the start of the Yazidi genocide.
On Aug. 3, 2014, Daesh launched a devastating attack on Sinjar, inflicting widespread atrocities on the Yazidi community. The terror group killed thousands, predominantly targeting men and elderly women, while abducting boys to forcibly conscript them as child soldiers. Thousands of women and girls were kidnapped and subjected to sexual slavery and violence.
To this day, over 2,600 Yazidi women and children remain unaccounted for. Daesh’s crimes included murder, enslavement, deportation and forced displacement. The group systematically imprisoned, tortured, abducted, exploited, abused, raped and coerced women into marriages across the region.
In the days following the Sinjar assault, Daesh expanded its campaign of terror to other communities in the Nineveh Plains — causing 120,000 people to flee in the dead of night in a desperate bid to save their lives. The atrocities are now formally recognized as genocide by international bodies, several states and parliamentarians globally.
Ten years later, Hasna A. is facing charges for alleged membership in the terrorist group, for allegedly endangering her minor son by taking him to Daesh-controlled territory in Syria in 2015, and for slavery as a crime against humanity. She stands accused of enslaving two Yazidi women, identified as “Z” and “S,” who were allegedly forced into domestic servitude and tasked with caring for the accused’s son.
The trial is being held in the Netherlands under secondary universal jurisdiction (or extraterritorial jurisdiction), which permits Dutch courts to prosecute international crimes, including genocide and crimes against humanity, even if the offenses were committed outside the country.
Defend International and its supporters provided humanitarian aid to Yazidi refugees in Kurdistan region, Iraq. (Photo courtesy Defend International)
Natia Navrouzov, executive director at Yazda, commented: “This case is a significant step toward justice for Yazidi victims, survivors, and the Yazidi community as a whole, who suffered mass atrocities under [Daesh]. We commend the Dutch authorities for their tireless work and efforts. A decade after these crimes, universal jurisdiction cases, despite their importance, unfortunately, remain the only available avenue for justice. We hope that the Netherlands’ recent pledge to establish a [Daesh] tribunal will lead to concrete action and practical steps. On this difficult yet symbolic day, we also think of the two Yazidi women who are carrying this case, as well as their legal representatives, who have worked tirelessly over the past months.”
The proceedings are open to the public, both in person and via livestream, with simultaneous interpretation from Dutch to Kurmanji to accommodate the Yazidi community. This crucial step is to ensure that the trial is accessible to Yazidi community members abroad, especially in Iraq.
The Netherlands must be commended for this important work. The pursuit of justice for the Yazidis must continue until all those responsible for the crime are brought to account.
All atrocities perpetrated by Daesh must be investigated and prosecuted as core international crimes, especially genocide and crimes against humanity. Unfortunately, this is not happening in the countries where the crimes were perpetrated. In Iraq and Syria, Daesh members are prosecuted predominately for terror-related offenses — offenses that do not require testimonies and participation from the Yazidis.
Furthermore, there are currently no international courts with jurisdiction to investigate and prosecute the crimes of Daesh. This is also where domestic courts globally have been playing a crucial role and filling the gap with domestic prosecution — using the principles of universal jurisdiction and extra-territorial jurisdiction — to ensure that there is no safe haven for those committing international crimes.
This piece was republished from Forbes with permission.
Dr. Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response. She’s authored the book “Never Again: Legal Responses to a Broken Promise in the Middle East” and more than 30 UN reports. She works on the topic of genocide and persecution of ethnic and religious minorities around the world. She is on X @EwelinaUO.