Recommendations for future EU action

AuthorOlympia Bekou
Pages80-82
Policy Department , Directorate-General for External Policies
80
UNITAD to broaden the scope of its investigative activities and deliver meaningful accountability to the
diversity of affected communities in Iraq. EU projects on accountability in Iraq should aim to address the
root causes of accountability issues and include capacity-building to provide support for case-building
which relies on the full spectrum of evidence, beyond confessions. Similarly, local practitioners should
continue to be trained to provide psychologi cal support for communities who may go through trial
processes in the future or face significant levels of trauma. Similarly, as for Syria, the EU should also promote
the exercise of universal jurisdiction both in Member States and in third countries in relation to Iraq.
An issue of concern, and of which the EU should be seized, is the current detention of thousands of
suspected IS fighters, their wives and children in north east Syria in the custody of the Syrian Democratic
Forces. There has been a proposal for an international ad hoc mechanism to prosecute IS crimes, with calls
coming from the SDF, KRG and others. EU Member States including Sweden and the Netherlands have also
been active in calling for a prospective solution and indeed the situation cannot remain as it is indefinitely.
Given the global consensus on the threat of IS, the need for a remedy arguably extends beyond the EU.
Optional discussion forums, beyond the UN, include the collaborative Global Coalition Against Daesh. Due
to the current situation of violations of children’s rights and security threat posed by having suspected IS
fighters imprisoned together in large numbers in an unstable situation, the EU, Parliament and Member
States should arguably consider the matter urgent. Key questions to answer will include whether foreign
fighters should be returned to their home States to face trial, and whether a proposed ad hoc mechanism
will investigate and prosecute all terrorist groups, all parties to a situation, all crimes of concern and the
scope of its territorial jurisdiction. These questions are significant as their answers necessarily determine
the cooperation, location and funding of the mechanism, as well as its accountability to the affected
populations.
6. Recommendations for future EU action
6.1 General recommendations
Strengthen the capacity of EU bodies addressing accountability for core international crimes in
terms of resources and personnel, e.g. the Genocide Network, the EUSR for Human Rights, the Focal
Point for the ICC, the Focal Point for Transitional Justice.
Promote the Policy Framework on Support to Transitional Justice within EU institutions.
Promote comprehensive approaches to country situations, including immediate relief to affected
populations, longer-term development, conflict sensitivity, peacebuilding and accountability.
Ensure an institutional link between the Facility on Justice in Conflict and Transition and the longer-
term programmes managed by DG DEVCO and DG NEAR.
Consider the establishment of a dedicated unit on accou ntability within EEAS.
Enhance measures to foster institutional memory amid staff turnover in order to ensure a coherent
and consistent approach to accountability.
6.2 Universal reach of accountability mechanisms
Scale up universality initiatives in regional fora, such as the AU and the ASEAN.
Improve coordination between the Rome Statute universality campaign carried out by the EU and
the universality initiatives carried out by Member States.
Include ratification of the Kampala amendments within demarches in support of the universality
of the Rome Statute.
Engage with signatory States on the ratification of the Rome Statute and non-signatories on the
accession to it.
Engage with former ICC States Parties to promote re -accession to the Rome Statute.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT