Iraq’s Detention of Children for ISIL Links: A Human Rights and Rule of Law Crisis

Over 1,000 Children Detained for ISIL Affiliation – A Human Rights and Rule of Law Perspective

A recent report by HR org reveals that Iraqi authorities detained over 1,000 children in 2023, some as young as nine years old, on charges related to alleged affiliations with ISIL (Islamic State of Iraq and the Levant). The report highlights that these children are treated as criminals despite scant evidence of their involvement in violent crimes, raising significant concerns about compliance with international human rights standards and the rule of law.

The Rising Detention of Children

The detention of children has surged, even as ISIL-related attacks have significantly declined following the loss of ISIL-controlled territories four years ago. According to the report, many of these children were arrested based on weak or circumstantial evidence and subjected to torture to extract confessions. Some children reported being recruited by ISIL to fight, while others said they served in non-combat roles, such as cooks, drivers, or trainees. Many detainees believe their arrests stemmed from providing services to ISIL members or from familial associations with the group.

The report further details the methods used to extract confessions, including beatings with plastic pipes, electrical cables, and rods. These practices often left children with no choice but to confess, regardless of their actual involvement. Such treatment violates international legal standards, including the prohibition of torture and the protection of children from cruel and inhumane treatment.

Human Rights and International Law Violations

Under international law, including the United Nations Convention on the Rights of the Child (CRC), the recruitment and use of children by armed groups are strictly prohibited. Children associated with armed groups should be treated primarily as victims, not as criminals. However, Iraq's approach contravenes these principles by prosecuting and incarcerating children for alleged ISIL affiliations, even in the absence of evidence linking them to violent acts.

The prolonged detention of children, often without trial, and reports of ill-treatment further exacerbate the violations. Many children face significant challenges in accessing legal representation, social services, and basic rights while in custody. Some are detained alongside adults, increasing their vulnerability to abuse and neglect. These practices undermine Iraq's obligations under international human rights treaties and the rule of law.

The Rule of Law Perspective

The rule of law requires that justice systems operate with fairness, transparency, and adherence to legal standards. In the context of these detentions, Iraq's actions raise questions about due process, proportionality, and the presumption of innocence. Detaining children based on weak evidence or forced confessions violates fundamental legal principles, including the right to a fair trial and protection from arbitrary detention.

Moreover, the lack of access to legal counsel and prolonged pre-trial detentions contravene Iraq's constitutional and international commitments. The rule of law demands that justice systems prioritize rehabilitation and reintegration, especially for children, rather than punitive measures that perpetuate cycles of violence and marginalization.

Calls for Reform and Rehabilitation

UN Secretary-General António Guterres has urged Iraq to release the detained children and adopt alternative approaches that align with international standards. Human Rights Watch and other organizations have called for Iraq to collaborate with the United Nations to develop rehabilitation and reintegration programs. These programs should aim to reintegrate children into their communities, provide access to education, and support their psychological recovery.

The report also underscores the importance of repatriating foreign children detained in Iraq. As of 2023, 627 children have been returned to their countries of origin. Additionally, Iraq has repatriated families from the Al-Hol camp in Syria, including 245 children. These efforts represent a step toward addressing the broader humanitarian and legal challenges posed by the detention of children affiliated with armed groups.

A Path Forward

The detention of children for alleged ISIL affiliations highlights the urgent need for Iraq to align its policies with international human rights norms and the rule of law. Treating children as criminals rather than victims not only violates their rights but also hinders long-term stability and reconciliation efforts. A justice system that prioritizes rehabilitation, reintegration, and respect for human rights is essential to breaking the cycles of violence and fostering a society grounded in the rule of law.