At a time when violent extremism and mass atrocity crimes have become a pervasive problem across the globe, national governments, international and regional organizations have not taken appropriate and effective action to protect populations from grave violations of human rights and International Humanitarian Law by preventing and prosecuting alleged crimes committed by violent extremists, as well as those committed by other parties.
As emphasized in the Milan Plan of Action, adopted by 105 legislators from 54 countries participating at the Milan Forum for Parliamentary Action in Preventing Violent Extremism and Mass Atrocities (27-28 November 2017) of Parliamentarians for Global Action and recognized by international bodies as well as by regional and national Parliaments, violent extremist groups, such as ISIL (ISIS/Daesh), have been committing serious violations of international law, including genocide, crimes against humanity and war crimes. Impunity for such atrocity-crimes and consequent grievances and vendettas not only deprive victims of justice, but also create an environment of insecurity and helplessness, undermining conflict mediation and resolution efforts, including political transitions. It is therefore of the utmost importance that States fulfill their international obligations, including those stemming from the UN 1948 Convention on the Prevention and Punishment of the Crime of Genocide, and take appropriate measures within their national legal systems to investigate and prosecute alleged acts committed by ISIL fighters and notably nationals returning from Iraq or Syria, that may constitute international crimes.
Parliamentarians are in a position to act: the Milan Forum therefore sought to develop action-oriented strategies in specific areas of legislative, policy-making and parliamentary-oversight intervention. As a direct implementation of the Milan Plan of Action, we would like to invite honourable Members of Parliaments to undertake concrete actions by submitting Parliamentary Questions to their respective Governments and tabling a Resolution, aimed mainly at:
- Calling for prosecutorial and judicial action at domestic or international level and taking adequate domestic legislative measures to investigate and prosecute alleged acts committed by ISIL fighters, and notably nationals returning from Iraq or Syria, that may constitute genocide, crimes against humanity or war crimes;
- Encouraging Iraq to accede to the Rome Statute of the ICC and to accept its jurisdiction under Art. 12(3) of the Rome Statute over the period during which ISIL and other violent extremist groups allegedly committed international crimes;
- Prompting to give effect to the UN Security Council Resolution 2379 (2017) to provide appropriate legal assistance and capacity-building to the Government of Iraq to strengthen its courts and judicial system to be in the position to investigate and prosecute crimes allegedly perpetrated by ISIL in Iraq, in accordance with internationally-accepted standards applicable to a fair trial;
- Support the proposal of a member of the UN Security Council (The Netherlands) to create an international judicial mechanism to bring to justice alleged perpetrators that cannot be fairly and effectively prosecuted in available national or international jurisdictions.
To this end, please find the Draft Model Parliamentary Resolution and Sample Parliamentary Questions prepared by PGA International Law and Human Rights team for your kind convenience. We would be particularly appreciative if you could initiate these important actions in order to contribute to achieving appropriate domestic and international prosecutorial and judicial actions with the objective of bringing perpetrators of international crimes to justice. Even small changes can lead to meaningful impact and provide remedies to victims.
Please do not hesitate to contact the PGA International Law and Human Rights Program team for any further assistance or question.