A legal study of violation of Yazidi women rights in ISIS war: An evaluation of international law and the domestic legal framework of Iraq
Historically, women in general have been the victims of armed conflicts in many forms as they are among the most marginalized social classes. Irrespective of age, skin colour, ethnicity and nationality, females have typically been the victims of both international and non-international armed conflic...
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| Format: | Thesis |
| Language: | eng eng eng |
| Published: |
2023
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/11070/1/permission%20to%20deposit-not%20allow-s904301.pdf https://etd.uum.edu.my/11070/2/s904301_01.pdf https://etd.uum.edu.my/11070/3/s904301_02.pdf |
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| Summary: | Historically, women in general have been the victims of armed conflicts in many forms as they are among the most marginalized social classes. Irrespective of age, skin colour, ethnicity and nationality, females have typically been the victims of both international and non-international armed conflicts (IAC and NIAC, respectively). Due to such phenomenon, many laws and legal instruments are put in place to protect civilians in general and women specifically against any kinds of violations in armed conflicts (ACs). However, even with such international regulations and measures in place, there are insufficient assurances that enforce women’s protection in such situations. The objectives of this thesis is to study the violation of women's rights in ACs by using a new and conspicuous approach. In this regard, the thesis focuses on the violations against women from the Yazidi minority in the Islamic State of Iraq and Syria (ISIS) war in Iraq from 2014 to 2023. Accordingly, at the international level, this study seeks to analyse the international legal frameworks for the protection of women’s rights in ACs. Further, through the Yazidi women example, at the local level, the study assesses Iraqi laws and regulations related to the protection or reduction of violations on women's rights in war and ACs with a view to making recommendations for reform. The study collects and analyses its data using library-based research and semi-structured interviews. The study revealed that the existing laws governing the protection of women’s rights against any violence are grossly inadequate. In the international background, the study found inadequacies particularly in the provisions of the branches of international law that claim to prevent the violation of women’s rights in ACs. In the local background, based on the findings, despite the existence of various laws and several attempts to protect women's rights in Iraq, there is still lack of legal protection and security for women. Additionally, there are several legal deficiencies in these laws that protect women’s rights in Iraq. This is a serious concern within the context of Iraq, which is always prone to war and ACs. The study found inadequacies particularly in the provisions of Iraq’s Constitution of 2005, Iraqi Penal Code Law No.111 of 1969, Iraqi Personal Status Code No. 188 of 1959, etc. Therefore, this study recommends a thorough and radical reform and revision of laws and regulations relating to the protection of women's rights in ACs, as well as laws to ensure the decrease of violations of women's rights. Another recommendation of this study is to improve the Iraqi legal framework relating to the protection of women's rights in war focusing on the domestic implementation of international law by the three Iraqi powers which are the executive, legislative, and judiciary. |
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