Human Rights Watch reported that a special committee of judges which was created to adjudicate cases of children in detention in Iraq for belonging to the Islamic State (ISIS) during the first half of 2020 appeared to comply with international human rights standards better than other Iraqi courts.
For years, Iraqi and Kurdistan Regional Government judicial authorities have arrested thousands of children suspected of ISIS membership. Many of the charges have been based on tortures to make them confess that they were with ISIS, which is not acceptable as children recruited by terrorist groups should be treated as victims, not as criminals. There are many cases when a suspect was arrested in the Kurdistan Region for terrorism and spent years in prison, and then rearrested in Baghdad-controlled territory after his release, even that according to the law, someone may not be convicted of the same crime twice. In most cases, the suspect had confessed his participation in ISIS training for between 7 and 30 days under the age of 18, but there was no evidence that they took part in other ISIS activities.
In detention, children often have no contact with their family. Even if they are released, some of them refuse to go home fearing revenge attacks. The solution should be rehabilitation and reintegration, not torture, forces confessions and prison. Children should only be detained as a last resort and for the shortest appropriate period. International law regarding children and armed conflict says that countries should assist children illegally recruited by armed forces, including providing appropriate assistance for their physical and psychological recovery and social reintegration.
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