Can Captured ISIS Fighters Be Prosecuted for Genocide in an International Tribunal?

Legal Memorandum, No. 225 January 22, 2018

12 Pages Posted: 12 May 2018

Date Written: January 22, 2018

Abstract

The International Criminal Court can exercise jurisdiction over parties for genocide, but it likely cannot do so in connection with the genocide committed by ISIS. There are only a limited number of options available, and thus far, none seems workable. The short-term result is that we are not likely to see the international community formally bring ISIS and its members to book for their crimes any time soon in the ICC. Nonetheless, there is hope that a recent U.N.-initiated investigation might lead to a prosecution by Iraq. If Iraq does so, the resolution spawning that prosecution “may be looked back on as a major milestone in the path toward justice for the countless victims of ISIS in Iraq.”

Keywords: Genocide, Genocide of Christians, International Criminal Court, International Law

Suggested Citation

Larkin, Jr., Paul James, Can Captured ISIS Fighters Be Prosecuted for Genocide in an International Tribunal? (January 22, 2018). Legal Memorandum, No. 225 January 22, 2018. Available at SSRN: https://ssrn.com/abstract=3170551

Paul James Larkin, Jr. (Contact Author)

The Heritage Foundation ( email )

214 Massachusetts Ave NE
Washington, DC 20002-4999
United States
202-608-6190 (Phone)

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