Protecting the Future: Addressing Human Rights and Legal Reforms for Detained Children in Iraq

Activists Demand the Release of Imprisoned Children in Iraq

As a result form a report published by Human Rights Watch regarding the detention of hundreds of children in Iraqi prisons on charges of belonging to the ISIS terrorist organization, human rights activists have called for the immediate release of these children or their transfer to juvenile detention centers.

The organization confirmed in its report that children are subjected to torture in prisons to extract confessions that incriminate them, in violation of international law.

Human Rights Ignored

A researcher and analyst stated, "Regardless of the numbers, the relevant Iraqi authorities and security forces have not respected human rights in their handling of this issue."

He added that "many children under the age of eighteen are detained due to malicious reports or because they were merely young individuals who were misled or coerced under threat to work with that terrorist organization."

He warned of the psychological impact of detention on children, saying, "A child enters prison innocent, only to emerge filled with extremist and terrorist ideologies, as prisons become breeding grounds for spreading destructive ideas among them."

Human Rights Watch has called for the reintegration of over a thousand Iraqi children detained on terrorism-related charges.

This demand came in response to a recent UN report on the situation of children in armed conflicts in Iraq, while UN Secretary-General António Guterres urged Iraqi authorities to release the children.

The spokesperson for Human Rights Watch, Belkis Wille, stated that the number mentioned in the UN report is "shocking," especially since it comes more than four years after most battles and military confrontations with ISIS, whose activities are now limited to sporadic attacks.

She explained that international law prohibits the recruitment of children in armed conflicts, and if this occurs, they should be treated as victims, not as criminals.

Wille confirmed that she met with several children detained in Iraq on charges of joining ISIS, noting that she found no evidence of their involvement in violent activities, calling for their immediate release and giving them a chance to recover and continue their education.

She urged for the children to be returned to their communities and reunited with their families to resume their normal lives, adding that Iraq's continued detention of these children is "concerning and contrary to international law," as she expressed.

For her part, Jo Becker, head of the children's division at Human Rights Watch, commented on the UN report, stating that some detained children are under nine years old. She noted that some told her, "They were recruited to fight with the organization, while others said they worked as cooks and drivers, or only participated in training for a few days."

According to Becker, most of the boys reported, "Investigators tortured them to extract confessions, and they spoke of being beaten with plastic pipes, electrical cables, or rods, sometimes for hours."

Almost all of them said they eventually confessed to their connections with ISIS, believing they had no other choice, according to Becker.

Detaining Children with Adults

A human rights researcher stated that Iraq sometimes detains children with adults in unhealthy conditions, emphasizing that these children need rehabilitation, education, and contact with their families.

She added that "the Iraqi government should amend anti-terrorism laws to stop detaining and prosecuting children merely for belonging to ISIS and recognize that international law prohibits the recruitment of children in armed groups."

The activist demanded, "The release of all children who have not committed other crimes and ensuring their rehabilitation and reintegration. Additionally, children who have committed other violent crimes should be treated according to international juvenile justice standards, and torture should be stopped, with accountability for those responsible."

Authorities' Position

The strategic affairs advisor in the Iraqi National Security Advisory stated that Iraqi authorities have not detained children on terrorism charges or suspicion of joining ISIS.

"After the liberation operations in Nineveh Province, we found hundreds of foreign families, including women and children, who were with ISIS and entered the country illegally."

He noted that several women were arrested and judicial sentences were issued against them, stating that "the Iraqi government has cared for their children humanely, and contact has been made with their countries to repatriate these minors," which has indeed happened in some cases.

The Iraqi authorities have not issued any judicial sentences against children, but against women who are members of the organization.

The issue of "ISIL children" is subjected to political tug-of-war, in addition to delays in legal resolution.

Human Rights Concerns, Views, and Challenges Regarding Imprisoned Children in Iraq

Human Rights Concerns

1. Detention Conditions: The imprisonment of children alongside adults in unhealthy environments raises serious human rights concerns. Many children face psychological trauma and physical abuse during their detention.

2. Lack of Legal Representation: Many detained children do not have access to legal counsel, which violates their rights to a fair trial and due process.

3. Torture and Coercion: Reports of torture to extract confessions violate international human rights standards, leading to false admissions of guilt and further victimization of the children.

4. Stigmatization: Children labeled as "ISIS affiliates" face societal stigma, making reintegration into their communities difficult and perpetuating cycles of discrimination and marginalization.

Human Rights View

From a human rights perspective, the treatment of these children reflects systemic failures in the Iraqi justice system. International laws, including the Convention on the Rights of the Child, emphasize that children should be treated as victims rather than criminals. The focus should be on rehabilitation and reintegration, not punishment.

Challenges

1. Political Climate: The political landscape in Iraq complicates the issue, with varying opinions on how to handle detained children. Political agendas often overshadow humanitarian considerations.

2. Resource Limitations: Insufficient resources for rehabilitation programs hinder efforts to support the mental health and education of detained children.

3. Cultural Attitudes: Deep-rooted cultural attitudes towards crime and punishment can impede the acceptance of rehabilitation-focused approaches for children.

Role of Law (ROL) View

The role of law in this context is critical. The legal framework in Iraq must align with international human rights standards to ensure the protection of children's rights. The current anti-terrorism laws need revision to distinguish between adult offenders and child victims.

Suggested Solutions

1. Legal Reforms: Amend anti-terrorism laws to prevent the detention of children solely for alleged membership in terrorist organizations. Establish clear legal protections for minors.

2. Establish Rehabilitation Programs: Develop comprehensive rehabilitation programs that focus on education, mental health support, and vocational training for detained children to facilitate their reintegration into society.

3. Training for Law Enforcement: Provide training for law enforcement and judicial officials on children's rights and the importance of treating minors as victims rather than criminals.

4. Community Awareness Campaigns: Launch campaigns to educate the public about the rights of children and the importance of reintegrating former detainees into society without stigma.

5. International Support and Monitoring: Seek assistance from international organizations to monitor the treatment of detained children and provide resources for their rehabilitation.

6. Family Reunification Initiatives: Prioritize family reunification efforts to ensure that children can return to their families and communities, fostering a supportive environment for their recovery.

By addressing these human rights concerns and implementing effective solutions, Iraq can take significant steps toward ensuring the protection and rehabilitation of children affected by conflict and terrorism.