Legal Remedies for Yazidi Survivors After the Recognition of Genocide

This encyclopedia entry examines the legal redress available to Yazidi survivors of the 2014‑2015 ISIS genocide, situating domestic Iraqi measures within broader international human‑rights obligations.

The term Yazidi Female Survivors Law (Kurdish: Yasa Yezîdî ya Jinên Serhildan) refers to Iraq’s Law No. 8 of 2021, which establishes compensation, psychosocial assistance, and procedural guarantees for women and girls subjected to sexual slavery and other crimes during the genocide.

Pronunciation & orthography

The Kurdish designation is written in Latin‑script Kurmanji as Yasa Yezîdî ya Jinên Serhildan, in Arabic script as قانون يازيدي للإناث الناجيات, and can be rendered in Cyrillic for diaspora publications as Закон Язидија за жртве‑женe. The IPA transcription is /ˈjɑsɑ jɛˈzɪdi jɑ dʒiˈneːn sɛrˈhɪldɑn/. Common English misspellings include “Yazidi Female Survivors Act” and “Yazidi Women’s Law”.

Main exposition

Genocide recognition and international obligations

In August 2014, the Islamic State’s assault on Sinjar resulted in mass killings, enslavement, and forced conversion of Yazidis, actions later classified as genocide by the United Nations Investigative Team (UNITAD) and by the Iraqi legislature in 2021 (source [1]). International law obliges the state to provide reparations, guarantee non‑discrimination, and pursue criminal accountability for genocide and crimes against humanity (ICCPR, CERD).

Domestic legislative response – Law No. 8/2021

On 2 March 2021, Iraq’s Parliament enacted Law No. 8 of 2021, popularly known as the Yazidi Female Survivors Law (YSL). The law creates a dedicated fund, defines eligibility criteria for female survivors of sexual slavery, and mandates the Ministry of Social Affairs to deliver cash compensation, medical care, and legal assistance (source [1]).

Compensation mechanisms

Under the YSL, each qualified survivor receives a lump‑sum payment of 5 million Iraqi dinars (≈ 3,400 USD) and a monthly stipend for up to three years. By the end of 2025, the Iraqi government had disbursed payments to roughly 1,200 women, representing about 15 % of the estimated 8,000 female survivors (source [3]). The law also authorises restitution of confiscated property and agricultural land where documentation can be verified.

Psychosocial and rehabilitation services

The legislation mandates the establishment of gender‑sensitive psychosocial centres in Sinjar and Sheikhan, offering trauma counselling, vocational training, and child‑care support. International NGOs, including UN Women and local civil‑society groups, have partnered with the Ministry to deliver these services, although gaps remain in remote villages (source [2]).

Criminal accountability and judicial remedies

Law No. 8/2021 does not replace criminal prosecution; rather, it complements ongoing efforts by the Iraqi High Criminal Court and the UN‑backed Special Tribunal for Iraq to try ISIS commanders for genocide, war crimes, and sexual slavery. Survivors may submit victim‑impact statements and request protective measures during trials.

Implementation challenges

Despite the law’s ambitious scope, several obstacles hinder full realization: bureaucratic delays in verifying survivor identity, limited budget allocations, and security constraints that restrict access to displaced populations. Moreover, some critics argue that the compensation amounts are insufficient relative to the scale of harm (source [2]).

In the oral tradition

Yazidi oral literature, especially the qewl (sacred hymn) tradition, repeatedly emphasizes divine justice for the oppressed. One well‑known qewl states, “He who harms the faithful shall be judged by the Almighty, and the righteous shall be restored” (see analysis in JOLS assessment, 2024) (source [4]). This cultural motif underpins survivors’ expectations of state‑provided redress and informs community advocacy for the YSL.

Scholarly disagreement

Khedher argues that the YSL represents a genuine step toward reparative justice, noting its comprehensive benefits package and alignment with international reparations standards (source [3]). In contrast, Al‑Saadi contends that the law’s narrow focus on women neglects male survivors and fails to address collective land restitution, thereby limiting its transformative potential (source [4]).

Common misconceptions

Regional variation

Implementation of the YSL varies across Yazidi‑populated areas. In Sinjar, the Ministry’s field offices have processed the highest number of claims, whereas in the Sheikhan district bureaucratic bottlenecks delay payments. In the diaspora (Germany, Sweden, Canada), NGOs supplement Iraqi efforts by providing legal aid for victims seeking asylum‑based compensation, though the YSL’s benefits are not directly transferable abroad.

Timeline

Data table