The frequency and extreme nature of sexual violence committed in Iraq, primarily by the self-declared Islamic State in Iraq and the Levant (ISIL) from 2014 onwards, has shocked the international community. However, addressing such atrocities and their consequences has barely begun. The present paper aims to highlight the inadequacy of the ongoing efforts to bring perpetrators to justice and to provide reparations to victims of conflict-related sexual violence. The authors provide an overview of the crimes committed, their qualification under international law, and the efforts of Iraqi authorities to punish those responsible. In this regard, they reflect on the discrepancy between Iraq’s obligations under international human rights law and the reality on the ground. The article also discusses the role of the UN and the challenges faced by the Investigative Team to Support Domestic Efforts to Hold ISIL (Da’esh) Accountable for Acts that May Amount to War Crimes, Crimes Against Humanity and Genocide Committed in Iraq.

The position of the authors is that, owing to the deficiencies of the domestic legal framework and the administration of current trials, Iraq does not have the capacity to bring justice to victims. Hence, it is concluded that the most sensible solution would be to establish a hybrid tribunal mandated to prosecute and adjudicate serious international crimes committed by all parties in the conflict in Iraq, and to pursue a comprehensive gender sensitive reparation programme.

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