International Day of the Victims of Enforced Disappearance:

Recognising the Plight of Victims in Iraq

Introduction

            Every year, thousands of people around the world are arrested and taken away without notice or legal justification, imprisoned in undisclosed locations from which they often never return. They are public demonstrators, journalists, human rights defenders and political dissidents – individuals unjustly punished for denouncing the crimes of their governments. Many more are abducted simply for their ethnic or religious identity.

            The crime of enforced disappearance continues to devastate families, communities and entire social groups. It is a tool employed by oppressive regimes and other armed forces to silence dissent and enforce authoritarian rule. In recognition of their plight, the United Nations (UN) General Assembly declared in 2010 that from 2011 onwards, August 30^th would be observed as the International Day of the Victims of Enforced Disappearances.

            To mark the 14^th observance of this important day, on 30 August 2024, Geneva International Centre for Justice (GICJ) wishes to draw attention to the plight of the victims of enforced disappearance in Iraq.

Enforced Disappearance in Iraq: A Systemic Problem

            Iraq is among the countries with the highest number of victims of enforced disappearances, estimated at one million people since 2003. Despite repeated denials by the government, numerous non-governmental organisations and UN bodies have produced well-documented reports confirming such figures, including those reports issued by the United Nations Assistance Mission for Iraq (UNAMI) and the United Nations Committee on Enforced Disappearances (CED). The Iraqi government attributes the crimes of enforced disappearance primarily to previous administrations, particularly during the periods from February 1963 to September 1963 and July 1968 to April 2003.

            This denial of responsibility runs contrary to well-documented reality. In addition to those committed by government forces, hundreds of enforced disappearances in Iraq are carried out every year by the country’s tyrannical militia. It is widely known that militias work in hand-in-hand with state authorities, attaching themselves to the country’s various, and often opposing, sectarian political factions. Their violence not a problem government authorities seek to solve – in fact, it is central to the state’s military and surveillance apparatus.

The international community has long been aware of this issue. Iraq has received repeated recommendations from UN bodies and Member States over the years to address it. A positive development occurred in November 2022, when it accepted a 12-day visit to the country by the Committee on Enforced Disappearances, which subsequently issued an official report in April 2023 outlining its recommendations to governing authorities. Notably, the CED highlighted the country’s urgent need for legislative reform and attention to victims of enforced disappearances. Carmen Rosa Villa Quintana, Chair of the Committee, noted that “The absence of an explicit definition in the domestic legislation of enforced disappearance as an autonomous crime is of great concern,” and that, “To work on a crime that does not exist in the national legal framework is illusory, regardless of the modalities and objectives developed.”

Of grave concern to the CED was also the absence of data to quantify the scale of the crime. Accordingly, the Committee submitted detailed recommendations on steps the Iraqi government should undertake to address the matter, notably, by working with civil society and victims’ families to build a database of disappeared persons and their status. Since then, the Iraqi government has made no tangible effort to recognise the issue of enforced disappearances, much less quantify it. Civil society organisations have shouldered much of this burden, highlighting individual stories and amplifying victims' families’ voices wherever possible under the country’s restrictive civic space. To achieve meaningful progress, however, governing bodies must be empowered to independently investigate these crimes without fear of reprisal.

A draft law on enforced disappearances has been presented to the Iraqi Council of Representatives, but it remains controversial, and is unlikely to be voted on soon. A primary controversy concerns whether the definition of enforced disappearances should include those committed by state actors and violent groups they affiliate with, as opposed to solely those enacted by non-state actors. The resulting delay hinders efforts to combat impunity and provide justice for victims and their families. Notably, most victims belong to the Sunni sect, with thousands reportedly held in secret detention centers operated by government-funded armed groups. Representatives of human rights organisations and the High Commission for Human Rights in Iraq must be allowed to access these centers to investigate detainees' conditions.

Impact on Victims & the Path Forward

            Enforced disappearances leave lasting trauma on the families and communities of the victims. Family members and friends may experience years of anguish as they wait to hear news of their loved ones that may never come. In addition, the fact that victims are frequently the breadwinners of the household results in significant economic hardship for those they once supported. That hardship is compounded as families, clinging onto the hope of the victims’ safe return, struggle to plan their economic futures around their potentially permanent absence. It is crucial to note that through it all, much of the resulting burden falls on the shoulders of women, who must take on increasing to provide financially all while caring for the household, and also leading efforts to locate those who have gone missing.

Rarely do the victims’ loved ones ever find recourse, for they know all too well that speaking out against government authorities and their affiliated militia will likely result in jail time or worse. The threat of their own enforced disappearance looms large, and silence is the safest course of action. In light of this systemic, nationwide injustice, it essential for the international community to do its part to address the problem of enforced disappearances in Iraq.

Geneva International Centre for Justice has for years called for greater attention to be brought to this issue, highlighting stories of victims and providing recommendations to UN bodies and Member States on how to address it. For this important occasion, we urge the international community and all relevant UN bodies to take an effective role in ensuring that Iraqi authorities and their affiliated militia cease any act of intimidation or reprisals against those who contribute to the fight against violations to human rights, as well as guaranteeing that any form of interference during investigation procedures is appropriately punished.

Additionally, GICJ maintains that States have an obligation, in the framework of the International Convention for the Protection of All Persons from Enforced Disappearance, to implement effective legislative and judicial measures to prevent and stop this arbitrary practice, and to prosecute those responsible for the crimes at all levels. Iraq has failed to fulfill this obligation, and has given no indication that it will do so unless prompted by significant diplomatic pressure. Accordingly, we call on the UN, particularly the Human Rights Council, as well as the international community more broadly, to consider the recommendation below. Many of these recommendations have been repeatedly issued by various international bodies, in particular the CED, which has on at least three occasions in the past several years produced detailed reports calling for their implementation.

1. Promote significant efforts and financial resources to uncover the whereabouts of the victims of enforced disappearances in Iraq, and dispatch independent investigative committees to study the issue of enforced disappearances.
2. Ensure the protection of the families of victims of enforced disappearances from those who harmed their loved ones, as well as any who may wish to punish them for seeking information on their whereabouts.
3. Hold accountable, through impartial investigations and judicial procedures, those responsible for the crimes of enforced disappearances, regardless of their status or station.
4. Call for the appointment of a UN Special Rapporteur to monitor the human rights situation in Iraq.
5. Provide financial and technical resources to support the operations and independence of Iraqi civil society organisations and the Iraqi High Commission for Human Rights, the country’s national human rights institution.