Politicization in the Application of International Justice: The Case of Genocide Against Religious Minorities in Iraq

Abstract

Iraq’s experience with the crimes of genocide committed by ISIS against religious minorities—particularly the Yazidi community—demonstrates how international justice has not been immune to politicization and political instrumentalization. Although these crimes met the criteria of genocide under the 1948 Convention, international recognition of them has fluctuated between legal considerations and political interests. This was reflected in the positions of the UN Security Council and the mechanisms of the International Criminal Court, where accountability procedures were delayed and subject to the power balances of major states. UN Security Council Resolution 2379 (2017), which established the UN Investigative Team (UNITAD), represented an important step in documenting the crimes; however, its impact remained limited due to political constraints that prevented broad international prosecutions. The Iraqi role in attempting to internationalize the case and mobilize international support was also evident, yet political challenges curtailed the effectiveness of these efforts. This case underscores that politicization in the application of international justice undermines its credibility and renders it selective, raising serious questions about the future of the international legal system and the possibility of reforming it to ensure independence from political pressures.