The Iraqi government and Kurdistan Regional Government (KRG) are conducting thousands of trials of Islamic State suspects without a strategy to prioritize the worst abuses under Iraqi and international law. The haphazard approach and rampant due process violations are likely to deny justice to the victims of the worst abuses during ISIS control of parts of Iraq. Human Rights Watch found serious legal shortcomings that undermine the efforts to bring ISIS suspects to justice.

Most significantly, there is no national strategy to ensure the credible prosecution of those responsible for the most serious crimes. The broad prosecution under terrorism law of all those affiliated with ISIS in any way, no matter how minimal, could impede future community reconciliation and reintegration, and clog up Iraqi courts and prisons for decades.