Taking Islamic State to Court Iraq's Challenging Path to Reconciliation

Just outside recently liberated Mosul, two judges have been tasked with punishing Islamic State followers who committed crimes and helping victims find justice. But without any way to gather evidence, the process often verges on farce -- and could lead to a new cycle of violence.

Christian Werner / DER SPIEGEL

By and Christian Werner (Photos)

On an early morning in late March, a large truck drives through the streets of Qaraqosh carrying about 50 men with blindfolds, their hands tied and their heads pressed to their knees. "Murderers! Rapists!" a man on the street shouts as they pass by. The truck stops in front of the court of inquiry, a white villa with rust-colored iron gates and a garden. It's an inconspicuous location for a major project: This is where alleged supporters of the self-proclaimed Islamic State (IS) in the Mosul region will be brought to justice.

Masked Iraqi army special forces open the tailgate. The men, their heads shaved, climb down from the truck, some of them groaning. Their clothing is torn. Black soil sticks to the soles of their feet. The prisoners hobble into the inner courtyard of the court building and kneel on the ground with their faces to the wall. A guard beats them with a metal stick, shouting "be quiet."

The victims of IS are gathered next to the prisoners, gaunt men and veiled women from Mosul who lost family members, their homes and all of their possessions during the last two-and-a-half years of occupation by the terrorist regime. They hold their documents, evidence of the atrocities they experienced, tightly in their hands.

Supporters and victims of IS have never faced each other in this way. The Mosul residents gaze wordlessly at the bound men on the ground.

Although fighting is still ongoing in the western part of Mosul, and a half-million people are still trapped inside the old city, with insufficient food and water, an attempt to process IS atrocities is underway here, in the Court of United Nineveh. The court is addressing some of the most gruesome crimes in recent history: mass murder, rape and devastating attacks that have not only torn apart Iraq, but have also kept the entire world in suspense.

Two judges are heading the investigations. One is tasked with investigating IS crimes while the other is supposed to help compensate those citizens whose lives IS fighters destroyed. Sadoon Yami directs the hearings and will submit his files to a criminal court, which will hand down a sentence later on. His colleague, Yonis al-Jomaeli, sends the victims' reports to the relevant ministry in Baghdad, which decides on compensation. The two judges work in adjacent courtrooms, so that victims and perpetrators are telling their stories less than two meters away from each other.

The Court of United Nineveh is a kind of miniature version of Iraq as it awakens from its recent nightmare. The work of the judges will help determine whether the inhabitants of Mosul can return to normal. But can there be justice as long as IS has not been defeated militarily? Or is this more about retribution? And is the Iraqi judiciary capable of dealing with the crimes of the terrorists in a way that makes reconciliation possible?

'You're Not Lying?'

On the second floor of the improvised court, Sadoon Yami sits behind his desk and fills up ink pads. The ink is for the prisoners' thumbprints under their statements. "We need ink, paper, time and money," says Yami by way of a greeting, pointing to the stack of binders behind him. "But we only have ink and paper."

Yami, a stout, jovial man dressed in a gray suit and striped tie, interviews 20 to 30 presumed IS supporters each workday. He allots 10 minutes to each case, with two clerks sitting next to him. The statements the prisoners made shortly after being arrested are on the table in front of Yami.

A helper rips open the door and pushes the first prisoner into the room. A man, about 40 years old, exhausted and barefoot, falls on his knees three times in a row in front of Yami's desk. "Get up!" Yami shouts. "Get up! What did these idiots teach you? What is your name, where were you arrested, why are you here?"

"My name is Yasser S., I am a laborer, and I voluntarily surrendered to the army in Mosul," says the man. "I was with IS for four months, I earned $130 (€119) a month, and I just guarded a power station. They gave me a Kalashnikov. I completed two months of military training and attended religious classes for 10 days."

"Why did you surrender?"

"I was injured in an air strike and had to go to the hospital. Then I hid from IS, even though they were looking for me. I was tired. I did not participate in any battle."

"Is that the truth? You're not lying?" Yami asks sternly.

"No," says the prisoner, looking at the floor. "No one forced me to say that. I am sorry for what I did."

His speech sounds rehearsed. There are no further questions. Yasser S. places his thumbprint under the statement. The judge sighs and files away the report. The prisoner is dragged out of the room.

A well-dressed, bored-looking lawyer for the IS fighters, who had been sitting on the sofa to guarantee the rule of law, also leaves the room. He never spoke to any of the defendants.

The Court of United Nineveh is not the only court of inquiry in Iraq to investigate IS supporters, but the judges say they are the only ones who are investigating cases from Mosul. Thousands of IS members are in custody all over the country, and about a thousand have been arrested in the region since Mosul was recaptured. The authorities suspect that just as many managed to escape from the city unidentified.

The Iraqi security forces have built up a close-knit network to identify IS supporters. They work with informants in Mosul, and when a region has been liberated, they set up checkpoints along the escape routes, where they use national databases to scrutinize and interrogate those who are trying to flee. The ones that are arrested eventually end up in front of Yami's desk.

But mistakes happen again and again, and innocent people are taken into custody. "Sometimes the names of the suspects are identical and we end up with the wrong ones," says Yami. And there are also cases in which the wrong people are accused, by accident or deliberately. Actually, every prisoner is required to see a judge within 48 hours, but this rule is rarely observed, and the accused sometimes disappear into prison cells for months.

Yami would rather be doing something else, but the government forced him to work here, and now he spends his days in this narrow cubbyhole. Some of his helpers wear face masks. Many prisoners have not washed themselves in quite some time, and the stench is overpowering.

Dangerous, Often Ineffective Work

Yami, who previously worked in the Mosul Civil Court, clearly remembers the day in June 2014 when IS captured the city and turned the court, where he used to issue birth certificates, into a Sharia court. Yami and his family got into the car and fled to Erbil in the Kurdish region. He was unemployed for a time before being transferred to Baghdad, where he also worked with official documents.

Yami's life has become dangerous since he was sent to Qaraqosh. He receives threatening text messages daily: "We will kill you." Or: "We will kidnap your children."

Qaraqosh, a Christian city, was completely destroyed by IS, and the population fled. It is an advantageous location for the court becaue it is located only 35 kilometers (22 miles) southeast of Mosul, far enough away from IS shells, but still readily accessible. Yami now carries a gun under his jacket. When asked why he was selected for this post, he replies: "I don't know."

The judge, whose job is to discover the truth, seems unconvinced of his mission. Perhaps it is too big, too burdensome. And perhaps he would prefer to simply continue where he left off in 2014, as an official issuing certificates.

Then the door opens again, and soldiers bring in the next prisoner. He is about 30 years old and his hair is freshly cut. Yami asks him the same questions: Did he swear allegiance to IS, did he use a weapon and did he commit crimes?

The man has a dull expression on his face. His jaw is trembling.

"Your name is Ahmed M.?"

"Mhm," the prisoner replies.

"Don't say mhm, say yes!" Yami shouts. "Show some respect!"

Ahmed M. states that he was a member of the Iraqi military when IS attacked Mosul. "I joined IS, completed two weeks of military training and fought on the front line against the Kurds. I carried a Kalashnikov with five magazines. I emptied only one in combat. When IS gave me 10 days off, I went home and my father prevented me from going back. I was only with IS for 27 days." And yes, he said, he had sworn this oath: "I would like to join the IS and follow Abu Bakr al-Baghdadi in good and bad times. I will do whatever he asks of me."

The judge breathes deeply. At least the prisoner mentioned his weapon. "Tell the truth!" He shouts again. "The truth! Did you really stay home?" The man trembles, but he sticks to his story. In the end, he places his thumb print at the bottom of his statement. Yami goes through the motions. This time the lawyer remained outside.

None of the 20 alleged IS supporters Yami interrogates on this day confesses to a crime. They all claim that they only watched, that they fled, performed harmless tasks, were hangers-on and were victims of circumstances. Few admit to possessing a weapon. Some say their fallen brothers or fathers were with IS, but that they themselves were not. And why should these men confess their guilt if there is no evidence? Or could it be that they are innocent?

Yami says he has managed to convict a few murderers, "but things are not going well at the moment." If you sit in his interrogation room for a few days, you begin to wonder how justice is to be achieved here at all. His investigative work is based on confessions, which makes the system vulnerable to torture. Witness statements, evidence, all the things needed for rigorous criminal prosecution, do not exist.

Even though almost no perpetrator can be convicted in this manner, Ahmed M. does provide the names of dozens of IS fighters. One allegedly laid mines, another killed a woman, and a third handed a prisoner over to IS when eastern Mosul was captured. One allegedly spied for IS, while another man stole cars.

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david_svarrer 05/05/2017
1. Reconciliation after war crimes, ISIS
Rwanda seem to have found the formula. Instead of a formal legal system which will inevitably collapse under the burden of convicting even very few individuals, ICC style, for crimes of war, they have setup communal ways of addressing the issue, with courts of a more relaxed procedure, where forgiveness (of all impossible ways) plays an important role. Gandhi so truly said that if we follow an eye for an eye and, we will all end up blind. Therefore, name, shame and forgive may be a better way to do this. We would as societies also need to reconcile, and accept that each of us, myself included, are able to love and to hate, and each of us, pressed to our outmost, would be able to kill and commit atrocities. We would maybe also be sound minded if we admitted our own guilt, from NOT responding to the street child (I here speak about Kenya), with a handout (using all sorts of excuses rather than taking responsibility), and in Afghanistan/Syria/Pakistan, by NOT giving the 10% of our earnings as prescribed by the very same Quran which now the poor, the destitute, have been using as their excuse to commit atrocities. Without falling for neither the blame game nor the "understand your executor" trap, it is necessary not to accept violence in any form, but to understand our own role from top to bottom in creating these monsters. It is my qualified view, that we, who are more wealthy, are creating these monsters both directly, indirectly and via the societal systems we over centuries hsve built, and in the millions of small, daily "don't care" actions we commit. Is therr any bigger crime than causing poverty? Where is the criminal court which will be taking me, you and everybody else to court for our every day neglect of duty to protect and help those who can only pay you back by saying thank you? So before we laud the ICC, or court institutions and their efficient judgment of perceived perpetrators of war crimes, which surely for 99% of the defendants is the truth, we should read and learn to become wise, such that we also in the same court, shall ask those using the court to stone the defendants, to cast the stone, themselves, if they are themselves clean.
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