Vicarious Liability as a Path to Justice: Overcoming ISCT’s Reparation Failures in the Case of Barzani Genocide

Abstract

The 1983 Barzani genocide stands as a dark chapter in the history of the Kurdish people in Iraq, marking a brutal campaign that targeted thousands of innocent members of the Barzani community. This tragic event is one of the most catastrophic episodes experienced by the Kurdish people in the late twentieth century. Following the outbreak of the Iran-Iraq war, the Ba’athist regime saw an opportunity to suppress the Kurdish movement, particularly the leadership of the Barzani family. The regime aimed to send a chilling message to the entire Kurdish population, warning that similar atrocities could befall them if they continued to pursue their national liberation movement. After the Ba’athist regime was overthrown in 2003, survivors of the genocide began to hope for justice, anticipating that those responsible for the atrocities would be held accountable. The establishment of the Iraqi Supreme Criminal Tribunal (ISCT) was intended to address the mass human rights violations committed by the regime between 1968 and 2003 and to ensure that justice would finally be served. However, despite the high expectations and the profound significance of the Tribunal’s mission, the victims’ right to reparation was ultimately neglected. This research, employing an analytical qualitative method, investigates the socio-political circumstances that led to the creation of the ISCT. It argues that to address the gap left by the failure to provide reparations, an alternative approach is needed. This alternative is reflected in the concept of the state's vicarious liability, which could serve as a means to deliver the justice that has so far eluded the survivors of the Barzani genocide.