Trials in Germany witnessed by Yazidi women

 

Derya Ceylan

 

NEWS CENTRE - The genocide of Yazidis in Sinjar in 2014 has gone unpunished in most countries despite the 11 years that have passed. However, Germany has convicted individuals of genocide for the first time worldwide, based on the testimonies of Yazidi women survivors. These trials have gone down in history as a triumph of justice, as well as a testament to the resilience of women.

 

Eleven years have passed since ISIS committed genocide against the Yazidi community in Sinjar on 3 August 2014. While impunity continued in many countries during this period, Germany made a concrete contribution to the search for justice by filing lawsuits in national courts. Throughout 2023, trials were held where the testimonies of surviving Yazidi women led to the conviction of numerous ISIS members for 'crimes against humanity', 'war crimes' and 'genocide'. In January of the same year, the German Bundestag officially recognised ISIS's actions against the Yazidis as 'genocide'. Consequently, Germany became the first country to recognise and prosecute these crimes.

 

The Nadine K. case: The power of female testimony

 

Nadine K., a German citizen, was tried at the Koblenz Higher State Court on charges of holding a Yazidi woman as a slave and torturing and systematically raping her for five years in Syria and Iraq. The Yazidi woman, referred to in court as 'N.', testified for six days, describing the physical and psychological violence she had suffered. Represented by a legal team including Amal Clooney, Nadine K. was sentenced to nine years and three months in prison for international crimes, including 'crimes against humanity', 'war crimes' and 'complicity in genocide'.

 

The Jennifer W. case: child death and slavery

 

Jennifer W., also a German citizen, was initially sentenced to ten years in prison for her role in the death of a five-year-old Yazidi child and the enslavement of her mother in Iraq. However, this was increased to 14 years on appeal as it was deemed disproportionate to the gravity of the offence. The Yazidi mother testified in court for 11 days. She also gave evidence at the trial of Taha A.J., the ex-husband of the perpetrator. The court emphasised that Jennifer W. had knowingly supported ISIS's policy of destroying the Yazidi community.

 

First conviction for genocide: The case of Taha A.J.

 

A former ISIS gang member from Iraq, Taha Al-Jumailly, was sentenced to life imprisonment by the Frankfurt High Court for his actions against a Yazidi woman and her five-year-old child, whom he held captive in 2015. The perpetrator was convicted of ‘genocide’, ‘crimes against humanity’ and ‘war crimes’. In 2023, this judgement was upheld by the German Federal Supreme Court — a world first. This decision established the legal basis for an ISIS gang to be convicted of genocide for the genocide of Yazidis.

 

Testimony of Yazidi women

 

In all of the subsequent trials in Germany, Yazidi women participated not only as witnesses, but also as complainants. Thanks to the right of participation provided by the German penal system, they became active participants in the judicial processes.

 

Their testimonies represented a collective memory as well as a personal one. "N.', who testified at the Koblenz trial, attended the hearing wearing her traditional white Ezidi dress and said: 'This trial was conducted on behalf of the entire Yazidi community. Only if justice is served will we be able to come to terms with what we have been through."

 

Gender-based genocide: A new legal category?

 

The trials clearly demonstrated that ISIS used sexual violence against women and girls to target the Yazidi community. Such practices as rape, enslavement, forced conversion and impregnation were part of ISIS's planned policies designed to destroy the Yazidi identity.

 

The German courts considered these practices to constitute gender-based genocide. The Jennifer W. and Sarah O. cases set a legal precedent by addressing this approach as a 'crime against humanity.'

 

International repercussions and precedent

 

International lawyers and human rights defenders view the German trials as a call for other countries to 'fight impunity'. Amal Clooney said: "ISIS should be prosecuted not only in Germany, but all over the world." Nadia Murad said: "These trials protect the future while seeking justice for the past."

 

Why are the ICC and Iraq remaining silent?

 

To date, the ICC has not included any cases related to the genocide of Yazidis by ISIS in its agenda. Why? Iraq is not a signatory to the Rome Statute. The United Nations Security Council (UNSC) has not referred the case to the ICC. The reservations of the permanent members of the UNSC, especially the USA, prevent this from happening.

 

Iraqi courts typically only try ISIS gangs for terrorism offences. In these trials, international crimes such as genocide, enslavement and sexual violence are often not addressed. This highlights one of the most significant crises facing the international legal system: The culture of impunity.

 

The crimes committed by ISIS are not clearly defined or adequately prosecuted.

 

The voices of witnesses: Memorable Sentences

 

Testifying at the trial of Jennifer W. in Munich, a Yazidi mother said: "She died in my arms. I could not protect her, but now her voice is mine. My daughter doesn't even have a grave, but now I can speak for her."

 

'N.', a witness at the Koblenz trial, said: "I wore my traditional dress to the hearing because I am still here. I wore my white dress because they could not destroy my identity.”

 

A witness at the Hamburg trial said: "Silence means disappearance. I am telling this story so that other children do not disappear. I relive it every time I tell it, but I have to tell it."

 

The transformative power of testimony

 

The trials in Germany were not just a process of justice; they were a process of confrontation that reflected the memory, will and resistance of women. In the courtrooms, these women wrote the memory of a people by recording their identities, their suffering and their struggle for survival.

 

These trials, beyond being historical documents, will remain as a ground of endurance and remembrance for future struggles.