ISIS crimes against women and children from the perspective of international law and the role of Martyr Soleimani in confronting it

Ahmadinejad, Maryam

doi:10.22059/jwdp.2023.349954.1008263

Document Type : Research Paper

Author

Maryam Ahmadinejad

Women Research Center, Alzahra University, Tehran, Iran.

https://doi.org/10.22059/jwdp.2023.349954.1008263

Abstract

Among the crimes agonizing human communities in modern age were crimes that were perpetrated by ISIS groups in Syria and Iraq against women and children.During years of their ruling in those occupied lands Iran led by Martyr Soliemani, offered unique services to help safeguard the security of the citizens in those areas. In addition to the many violences that ISIS inflicted on civilians in the areas under its sovereignty, such as barbaric and mass killings, looting, enforced disappearance, mental and physical torture, food and drug sanctions, committed heinous and unprecedented crimes against women and children that the most important of which are: enslavement and trafficking of women and children, rape and sexual violence, ethnic and religious cleansing and compulsory recruitment of children for use in armed.
This is while, ISIS crimes against women and children have been a part of this terrorist group's strategy, as a weapon and war tactic to create terror, humiliate and crush people's resistance, so that ISIS managed several media to spread these tragedies. ISIS leaders not only put crimes against women and children on their agenda for military purposes, but also used the trafficking of women and children as one of the financial sources. In addition, ISIS brought to the fore a new model of abuse of women under the name of Jihad Nikah. That in many cases, it was a clear example of human trafficking. Jihad Nikah was a title for the exploitation of women, which mainly through seduction and deception by abusing the religious feelings of women who had extremist thoughts, caused terrible tragedies. What intellectual and emotional degeneration has happened in these women that they suffer hardships to be part of a group that is responsible for crimes against women and children, and they willingly work to advance the crimes of ISIS.
According to this, the current research, through a descriptive research, seeks to answer the question, what were the main crimes committed by ISIS against women and children, and what was the effect of Martyr Soleimani's efforts in warding off these dangers? In response to the research problem, the investigations showed that the fact is that terrorist acts and violent ideology of ISIS and its severe, systematic and widespread attacks on civilians, especially women and children, was a global threat to international peace and security. This terrorist group committed heinous crimes with gross violation of Human Rights and International Humanitarian Law that many of which included war crimes, crimes against humanity and genocide and it hurt and disturbed the minds of the international community. In between, Martyr Qassem Soleimani made a detailed plan to deal with the enemies, immediately after the official invitation of the governments of Syria and Iraq. His goal was to preserve the honor of the nations of the region and saving them from the rule of criminals and terrorist and violent extremist groups, especially ISIS. He freed many cities from the capture and occupation of ISIS, and freed many women from sexual slavery by using strong war tactics and activating political diplomacy and mobilization of popular forces. The efforts of the resistance forces under the leadership of General Soleimani in liberating the areas and freeing women and children from the, were so effective that many Western media announced: "Suleimani and the Iraqi militias he commands have played a key role in halting ISIS" and the US general Stanley McChrystal wrote:“Suleimani is arguably the most powerful and unconstrained actor in the Middle East today,”

Keywords

References

Abbasi, M. (2020). typology of the Islamic republic’s action in the Syrian crisis,

ACN International (2020). Life after ISIS: New challenges to Christianity in Iraq,Results from ACN’s survey of Christians in the liberated Nineveh Plains, June 2020.

Addamah, S. (2014). MENA: Arab league accuses ISIS of “crimes against humanity”, https://medafricatimes.com/3105-mena-arab-league-accuses-isis-of-crimes-against-humanity.html.

Ahmadinejad, M., Aminalroaya, Y., & Ganjbakhsh, M. (2016). Traditional and modern slavery in international law and slamic opinion with regard to the condition of women and children. Comparative Law Review, 7(1), 23-52. https://doi.org/10.22059/jcl.2016.58598 (In Persian)

Ahmadinejad, M., Mataji, M., & Aminalroaya, Y. (2017). Arming the Syrian opposition from the perspective of international law. Publice Law Studies Quarterly, 46(4), 873-906. https://doi.org/10.22059/jplsq.2016.60522 (In Persian)

Amnesty International (2014). Ethnic Cleasing on a Historic Scale: Islamic Satate’s Systematic Targeting of Minorities in Northern Iraq. United Kingdom.

Amnesty International (2014). Escape from Hell: Torture and Sexual Slavery in Islamic State Captivity in Iraq.

Azizi, H. R. (2022). Integration of Iran-backed armed groups into the Iraqi and Syrian armed forces: implications for stability in Iraq and Syria.

Beatrice, A. (2021). ISIS’ Use of Sexual Violence as a Strategy of Terrorism in Iraq, JUL 27 2021, E-International Relations, ISSN 2053-8626.

Beaumont, P. (2020). Making of a martyr: how Qasem Suleimani was hunted down. The Guardian, Sun 5 Jan 2020.
https://www.theguardian.com/world/2020/jan/05/making-of-a-martyr-how-qassem-suleimani-was-hunted-down

Ben-Israel, G. M. (2018). Telling a story via tumblr analytics: Europe’s young Muslim female attraction to ISIS. International Annals of Criminology, 56, 55–78.

Besenyo, J. (2017). The Islamic state and its human trafficking practice.

Black, I. (2020). General Qassem Suleimani obituary. The Guardian, Sun 5 Jan 2020. https://www.theguardian.com/world/2020/jan/05/general-qassam-suleimani-obituary

Bolanos, H. (2016). HI-Jacked Islam wahhabiism and terrorism. Lulu.com.

Bonnet, S. (2015). Western women in jihad.

Cassese, A. (2008). International Criminal law (2^nd ed.). Oxford.

Clark, J. B., & Poucki, S. (2019). The SAGE handbook of human trafficking and modern day slavery. Sage Publications Ltd.

Cook, J., & Gina Vale (2018). From Daesh to ‘Diaspora’: Tracing the Women and Minors of Islamic State. Department of War Studies, Kings College.

Crawford, K. (2015). Conflict and Extremist-Related Sexual Violence An International Security Threat. United States Institute of Peace.

Dehnavi, V., Ansari Taghizadeh, M., & Rahimi, F. (2020). The international responsibility of america for the assassination of martyr Ghasem Soleimani, and I.R.I potential rights for judicial prosecution. Security Horizons, 13(48). 139-161.
https://doi.org/20.1001.1.25381857.1399.13.48.5.4 (In Persian)

Esfandiary, D., & Tabatabai, A. (2015). Iran’s ISIS policy. International Affairs, 91(1), 1–15. https://doi.org/10.1111/1468-2346.12183

FATF Report (2015). Financing of the Terrorist Organisation Islamic State in Iraq and the Levant (ISIL).

Filkins, D. (2013). The shadow commander Qassem Suleimani is the Iranian operative who has been reshaping the Middle East. Now he’s directing Assad’s war in Syria, September 23.
https://www.newyorker.com/magazine/2013/09/30/the-shadow-commander

Filkins, D. (2013). The Shadow Commander. The New Yorker. https://www.newyorker.com/magazine/2013/09/30/the-shadow-commander .

Friendland, E. (2015). The Islamic State. Special Report of Clarion Project.

Gan, R., Neo, L. S., Chin, J., & Khader, M. (2019). Change is the Only Constant: The Evolving Role of Women in the Islamic State in Iraq and Syria (ISIS). Women & Criminal Justice. https://doi.org/10.1080/08974454.2018.1547674

Grajewski, N. (2021). The Evolution of Russian and Iranian Cooperation in Syria. Center for Strategic and International Studies.

Heller, S. (2017). Aleppo’s Bitter Lessons, January 27, The Century Foundation.

Human Rights Council (2020). Extrajudicial, Summary, or Arbitrary Executions (June 29, 2020 [A/HRC/44/38]), by Special Rapporteur Prof. Dr. Agnès S. Callamard.

Human Rights Council (2016). Thirty-second session, A/HRC/32/CRP.2, 15 June 2016.

Human Rights Council (2016). Twenty-eighth session, Annual report of the United Nations High Commissioner, Human Rights on the human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups, 13 March 2015.

Kirkpatrick, D. D. (2020). Conflict with Iran threatens fight against ISIS, Jan. 4, 2020, The New York Times.
https://www.nytimes.com/2020/01/04/world/middleeast/conflict-with-iran-threatens-fight-against-isis.html

Kittichaisaree, K. (2005). International Criminal Law. Translated by: B. yousefian, & M. Esmaily. Tehran: Samt. (In persian)

Lahoud, N. (2018). Empowerment or subjugation: An analysis of ISIL’s gendered messaging, UN WOMEN.

Majd, N., Savari, H., & Fakheri, N. (2021). Legal Rules Governing the Flying of Drones in Air Warfare from the Perspective of International Law. Publice Law Studies Quarterly, 51(3), 1203-1221. (In Persian)

Muslims Against ISIS (2014). Part 3: Open Letter to al Baghdadi, September 24.

Nada, G., & Rowan, M. (2018). Part 2: Pro-Iran Militias in Iraq, United States Institute of Peace. https://www.wilsoncenter.org/article/part-2-pro-iran-militias-iraq

Najandimanesh, H. (2020). Legal assessment of the possibility of characterizing the assassination of Major General Soleimani and others as a crime against humanity. Comparative Studies on Islam and Western Law, 7(2-24), 245-275. https://doi.org/10.22091/CSIW.2020.5417.1791 (In Persian)

Nicolaus, P., & Yuce, S. (2017). Sex-Slavery: One Aspect of the Yezidi Genocide. Iran and the Caucasus, 21(2), 198-199.

Office of the United Nations High Commissioner for Human Rights & UNAMI United Nations Assistance Mission for Iraq – Human Rights Office, Report on the Protection of Civilians in the Armed Conflict in Iraq: 1 May – 31 October 2015 (19 January 2016).

Perešin, A. (2018). Why women from the west are joining ISIS. International Annals of Criminology, 56, 32–42.

Rashidi, M., & Mashhadi, A. (2020). The most important legal solutions of Islamic Republic of Iran in responding the assassination of Martyr Lieutenant General Qassem Soleimani. Comparative Studies on Islam and Western Law, 9(3), 29-64. https://doi.org/10.22091/CSIW.2020.5315.1764 (In Persian)

Rome Statute of the International Criminal Court, 2002.

Roostayie, A. R. (2016). Ethnic-cleansing of Myanmar’s Muslims; Crimes against humanity or genocide? Journal of Criminal of Research, 4(15), 45-73. https://doi.org/10.22054/jclr.2016.4435 (In Persian)

Security Council (2014). Resolution 2170, S/RES/2170.

Security Council of United Nations (2021). Letter from the Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant addressed to the President of the Security Council.

Shadab, S., Shariati, Sh., & Montazeri, A. (2020). Sexual violence against women by so-called Islamic state of Iraq and Syria (ISIS): protocol for a systematic review. Systematic Reviews, 9(239).

Shafiee Seifabadi, M. (2019). Sardar Soleimani and the popular mobilization in Iraq and Syria: From the background of formation to the role and intentions of Martyr Soleimani. Holy Defens Studies, 5(2), 85-109. https://doi.org/20.1001.1.25883674.1398.5.18.5.1 (In Persian)

Soufan, A. H., (2020). “Why ISIS Is Delighted That Suleimani Is Dead”, The New York Times, Jan. 14, 2020.
https://www.nytimes.com/2020/01/14/opinion/iran-isis-iraq.html

Soufian, A. (2018). Qassem Soleimani and Iran’s Unique Regional Strategy, Strategic Studies of the Islamic World, 21(82), 83-106. (In Persian)

Tabatabai, A. M. (2020).After Soleimani: What’s next for Iran’s Quds force?, CTC Sentinel (West Point: Combating Terrorism Center). January 2020, 13(1), NY 10996.

Tasnimnews, The man of the battlefield. against ISIS. https://newsmedia.tasnimnews.com/Tasnim/Uploaded/Document/1399/12/01/139912011336461822227288

The Guardian, “Qassem Suleimani photo makeover reveals Iran’s new publicity strategy”, Tue 14 Oct 2014.
https://www.theguardian.com/world/2014/oct/14/suleimani-high-profile-to-publicise-irans-key-anti-isis-role

The Guardian, https://www.theguardian.com/us-news/2016/aug/11/donald-trump-calls-barack-obama-the-founder-of-isis 11 August 2016.

The Guardian, https://www.theguardian.com/world/2011/jul/28/qassem-suleimani-iran-iraq-influence, 28 Jul 2011.

The Guardian, https://www.theguardian.com/world/2020/jan/03/defining-moment-in-middle-east-the-killing-qassem-suleimani Fri 3 Jan 2020.

The New York Times, https://www.nytimes.com/2015/08/14/world/middleeast/isis-enshrines-a-theology-of-rape.html?action=click&module=RelatedLinks&pgtype=Article

The United Nations Secretary-General, conflict-related sexual violence, S/2021/312, 30 March 2021.

UN General Assembly, A/68/382, Extrajudicial, summary or arbitrary executions, Note by the Secretary-General, 13 September 2013.

UN General Assembly, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, A/HRC/14/24/Add.6, 28 May 2010.

UN Security Council (2014). Fourth report of the Secretary-General pursuant to paragraph 6 of resolution 2169, S/2015/530.

United Nations Security Council (2017). S/RES/2379, Adopted by the Security Council at its 8052nd meeting, 21 September 2017.

United Nations Security Council, (2020). S/RES/2544, 18 September 2020, Resolution 2544.

United Nations Security Council, S/2015/203, 23 March 2015, Original: English, Conflict related sexual violence, Report of the Secretary General.

Vazirian, Amir Hussein (2021). The Advisory Forces of the Islamic Revolution and Transformation of Iran’s Regional Policy in 2003-2020. Security Horizons, 13(49), 55-84.
https://doi.org/20.1001.1.25381857.1399.13.49.3.4 (In Persian)

Webb. E. (2017). Spotting the Signs: Identifying Vulnerability to Radicalisation Among Students. The Henry Jackson Society.

Worboys, J. P. (2015). Introductory note to report on the protection of civilians in the non international armed conflict in Iraq: 5 June – 5 July 2014; Un human rights council resolution S-22/1; Un security council resolution 2170 & Un security council resolution 2178. International Legal Materials, 54(2).

Zakerhossein, M. (2022). Protecting Child Victims of Crime in the International Criminal Court, publice law studies quarterly, 52(1), 207-229. https://doi.org/10.22059/jplsq.2020.299225.2356 (In Persian)

Zareei, S. (2021). In Line Qasim Objective Analysis In Two Decades of Regional Davelopments. Tehran: Andisheh sazan-e noor institute for strategic studies. (In Persian)

Woman in Development & Politics

ISIS crimes against women and children from the perspective of international law and the role of Martyr Soleimani in confronting it

References

References

Volume 21, Issue 2
June 2023
Pages 407-443

ISIS crimes against women and children from the perspective of international law and the role of Martyr Soleimani in confronting it

References

References

Volume 21, Issue 2June 2023Pages 407-443

Volume 21, Issue 2
June 2023
Pages 407-443