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Bea Webster

Egregious violations of the right to liberty and security of women captured by Isis

Updated: Mar 14, 2021

The inspiration for writing this blog post came from the fascinating but deeply disturbing Channel 4 Dispatches documentary, 'Escape from Isis'. It exposes the brutal regime suffered by millions of women living under Isis (the Islamic State of Iraq and Syria) and explores the story of a secret network set up to save women and children from Isis. Given that International Women's Day was just last week – Tuesday 8 March – and that this month's focus is the right to liberty and security, I felt that this was particularly relevant.

Although the European Convention on Human Rights (ECHR) obviously does not apply to Iraq (where the documentary is filmed), it is useful to examine the scope of the right in order to realise the scale of the unfathomably severe human rights violations that are occurring outside of Europe. Article 5(1) ECHR prescribes that

“Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: …”

It then goes on to list, from (a) to (f), the circumstances under which a deprivation of liberty and security may be justified, for example the lawful arrest/detention of a person for noncompliance with the law, or the lawful detention of persons for the prevention of the spreading of disease. The International Covenant on Civil and Political Rights (ICCPR) similarly does not apply to non-state entities, which is what Isis are, so this instrument is also of little help.

In August 2014, the Sinjar mountain region in north Iraq was attacked by Isis. Hundreds of Yazidi (Iraqi ethnic and religious minority) people were killed, and Isis fighters captured over 3000 Yazidi women and girls in what is thought to be the largest single kidnap of women in the world this century. These women were carried off into the Islamic State, kept in prisons and forced to convert to Islam on pain of death. Some have been sold into slavery, and based on information that Khaleel al-Dakhi (the lawyer who is the main character in the documentary) has obtained, 80% of women have been raped. A particularly sinister bit of footage depicts Isis fighters bantering and guffawing in a cafe about a slave auction of Yazidi women. Clearly, these women do not fulfil any of the criteria for justified deprivation of liberty, yet these egregious breaches of human rights are occurring on a large scale in northern Iraq.

As Richard Vine comments, “what comes across more than anything is the human cost, the impact of lives devastated, the camps full of displaced people, families full of missing sisters, daughters and wives, how once more it is women who are suffering in war.” The documentary reveals shocking footage of a 21-year-old woman who, while detailing her capture in front of her young children (who have been exposed to beheadings), suffers a violent physical reaction from the disturbing memories; a 19 year old who tells of the brutal gang rapes she endured; and a woman who is stoned to death by a group of men, including her father, after accusations of adultery. It is at times difficult to comprehend the sheer brutality of the regime, but the documentary makers do an excellent job of portraying the gritty and unadulterated violence, without appearing to glorify the stories. Edward Watts (the director of the documentary) reflects, “I was torn between the film-maker in me, who knew I needed to record, and the human being, who did not want to add in any way to her [one victim's] suffering by pointing a camera at it.” This sensitivity is portrayed throughout the documentary.

In breaching the right to the liberty and security of these Yazidi women and young girls, Isis is discriminating against them multidimensionally. Not only have these people been targeted because they are women, they have been targeted because they belong to an ethnic and religious minority. The systematic rape of women and girls from the Yazidi minority has become deeply enmeshed in the organisation and radical theology of Isis in the year since the group announced it was reviving slavery as an institution.

One thread of hope emerges from the documentary: al-Dakhi is a local lawyer who is part of an underground network which has been working to bring women and children home. The end of the documentary shows the rescue of 24 women, all from the same family.

Although the documentary was aired in July 2015, the issues it examined are still very much relevant. The latest news suggests that Isis fighters force sex slaves to take birth control so that they can continue to rape them. The practice is carried out to circumvent a ruling in Islamic law used by Isis that states that a man cannot rape his slave if they are pregnant. Despite the admirable work that Khaleel al-Dakhi and his underground network are undertaking, it is thought that as many as 3144 Yazidi women and young girls are still being held hostage by the group. The violation of the right to liberty and security of these women and children could hardly be more severe.

The documentary has had a huge impact on policy-makers, the press and public alike. Hundreds of people subsequently contacted the director to express their appreciation of the film and to ask what they can do to help the women and girls who suffer so severely at the hands of Isis. The Prime Minister, David Cameron, also cited the film in his major policy speech on Isis. If you want to help, here is how you can: http://www.edwardwattsfilms.com/escape-from-isis-donations-part-1-help-khaleel/

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