Recommendations

To the Iraqi Government

• Prime Minister Abadi should commit to disband militias and protect civilians and work with key Shia leaders to address issues of impunity;
• Ensure that all members of its security and armed forces are fully within the line of command and subject to disciplinary measures;
• Immediately order and take all feasible steps to end militia destruction of houses and other civilian property in violation of laws-of-war prohibitions against deliberate or disproportionate attacks on civilian objects, wanton destruction of property, and collective punishment;
• Ensure access to humanitarian assistance, including housing, on an equal basis without discrimination on the grounds of ethnicity, religion or gender, for all civilians who lost homes or businesses to militia destruction;
• Provide adequate compensation or alternative housing to residents whose homes have been destroyed;
• Maintain accurate statistics on property damaged after the Amerli operations and make that information publicly accessible in a timely fashion;
• Ensure speedy and independent investigations into possible war crimes committed by militia members and security forces, and ensure the prosecution of those alleged to be responsible before courts that meet international fair trial standards;
• Facilitate immediate and unhindered access to militia-controlled areas to independent observers, journalists, and human rights monitors, including the Office of the High Commissioner for Human Rights (OHCHR) and the UN Human Rights Council Investigative Committee on Iraq;
• Sign and ratify the Rome Statute so that crimes perpetrated in Iraq fall under the jurisdiction of the International Criminal Court.

To UN Bodies

• The UN Human Rights Council should extend the current mandate of its investigation mission to Iraq and ensure it includes violations of the laws of war and human rights violations committed by all sides, not only by ISIS and associated groups;
• The UN Human Rights Council should also establish a mandate of Special Rapporteur on the situation in Iraq, in order to monitor the situation of human rights in the country and make recommendations on measures to prevent violations and ensure accountability;
• The Office of the High Commissioner for Human Rights should support the UN Assistance Mission in Iraq’s (UNAMI) thorough and immediate investigations into crimes committed by all parties to the conflict, and support their publication in a timely fashion.

To the United States

• Require the Iraqi government to take immediate and concrete steps to end security forces’ and pro-government militias’ commission of widespread war crimes before providing any military sales and assistance;
• Require documentation that political reform benchmarks have been met, including an end to the use of anti-terrorism legislation to detain political opposition figures; protection of freedom of expression, association, peaceful assembly, and religion; and safeguarding the rights of political opposition parties and journalists, before providing any military sales and assistance;
• Ensure all Iraq security assistance language in relevant Fiscal Year 2016 appropriations and authorization bills includes:
• Reform benchmarks such as taking steps to address all militias operating outside Iraqi Security Forces; ending security force abuse, including torture; and releasing of political prisoners held on trumped-up counterterrorism charges;
• A reinsertion of end-user agreement language (with no waiver) for weapons transfer in order to minimize the transfer of US weapons and equipment into the wrong hands;
• Unambiguous human rights vetting language (also known as the “Leahy Law”);
• Ensure that the US Embassy in Baghdad has sufficient financial, technical, and personnel support to undertake robust human rights vetting for all US military aid and security assistance;
• Ensure that the US Embassy in Baghdad encourages regular joint monitoring visits, by the ambassador, defense attaché, and political counselor, to security force training sites in order to assess training effectiveness, including on human rights.

To Iran

• Require the Iraqi government to take immediate and concrete steps to end security forces’ and pro-government militias’ commission of widespread war crimes before providing military equipment, training, and financial assistance to Iraqi fighters, including regular army and security forces and militias.

To Other States Participating in Hostilities in Iraq

• Require the Iraqi government to end security forces’ and pro-government militias’ commission of widespread war crimes before providing military sales and assistance;
• Support a broader, prolonged mandate for the OHCHR investigation to include armed group abuse; make clear to the Iraqi government that such an investigation is essential and a key component to combating ISIS;
• Urge the Iraqi government, Grand Ayatollah Ali al-Sistani and other Shia leaders to immediately call on militias to refrain from abusive and destruction on the battlefield.