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ICC Note: In her new book, Never Again, Ewlina Ochab explains that the existing conventions on the prevention of genocide has failed religious minorities in the Middle East. She ardently explains that the UN must draft new measures to assure that jihadists such as ISIS militants be tried for their genocidal crimes. She offers three ways in which ISIS jihadists can legally be tried and punished for their actions in the text.

11/29/2016 Iraq (WWM): The UN must urgently put in place measures to hold to account jihadists who have committed atrocities against minorities in Iraq and Syria, because existing conventions have become “obsolete”, the author of a book documenting recent violence against them has said.

Vienna-based legal counsel Ewelina Ochab, who authored ‘Never again: Legal responses to a broken promise in the Middle East’, accused the UN of breaking the pledges it made in the aftermath of World War II to prevent genocide from recurring.

Speaking at the book’s launch at the UN’s Palais des Nations in Geneva on 24 November, she argued that the conventions on genocide prevention had become “obsolete” because measures had not been taken to bring to justice members of the Islamic State (IS), whose attacks on Christians and other religious minorities amounted to “genocide”.

Ochab said the legal process against IS members could be carried out in one of three ways: by trying suspected perpetrators at the International Criminal Court in The Hague, by trying them at an “ad hoc” International Criminal Court set up specifically to deal with atrocities in Iraq and Syria, or by setting up a UN-backed court in Iraq, Syria or elsewhere in the Middle East. In the first two scenarios, she said national courts in Iraq and Syria should support the ICC’s work to prosecute all accomplices.

To introduce her work, Ochab held up a piece of a cross that she picked up in a destroyed church in the formerly IS-held town of Qaraqosh in northern Iraq, as well as a few pages of a Bible. Ochab’s book draws on testimonies collected by the Vienna-based charity ADF International. Never Again includes eyewitness accounts of IS atrocities, the international community’s response to recent genocides, and analysis of existing genocide legislation. She argues that the current legal safeguards have failed to protect vulnerable communities from ethnic, cultural, and religious destruction.

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