Indictment Filed Against Two Suspected Members of the Foreign Terrorist Organisation ‘Islamic State (IS)’ on Counts of Genocide, Crimes Against Humanity and War Crimes

Year of issue 2024
Date 30.12.2024

On 9 December 2024, the Federal Public Prosecutor’s Office filed charges against the Iraqi nationals

Twana H. S. and
Asia R. A.

before the State Security Chamber of the Munich Higher Regional Court.

There are sufficient grounds to suspect the accused of genocide (section 6 para. 1 of the German Code of Crimes against International Law [VStGB]), crimes against humanity (section 7 para. 1 VStGB) - among others, by means of enslavement and torture - and war crimes against persons (section 8 para. 1 VStGB). These acts also constitute the crimes of human trafficking (section 232 para. 3 of the German Criminal Code [StGB]) and severe sexual abuse of children (section 176 para. 1, section 176a para. 2 no. 1 StGB old version). Moreover, they are charged with membership in a foreign terrorist organisation (section 129a para. 1 no. 1 StGB, section 129b para. 1 sentences 1 and 2 StGB). Asia R. A. is believed to have partially acted as an adolescent at the time of the crime (sections 1, 105 of the Minors Courts Act).

In essence, the indictment sets out the following facts:

Twana H. S. and Asia R. A. were married according to Islamic law and were members of the foreign terrorist organisation ‘Islamic State (IS)’ in Iraq and Syria between October 2015 and December 2017. Upon Asia R. A.’s request, Twana H. S. purchased a then five-year-old Yazidi girl as a slave at a bazaar in Mosul (Iraq) in the fall of 2015. In early October 2017, the couple procured yet another, then twelve-year-old Yazidi girl. Twana H. S. repeatedly raped both children. To this end, Asia R. A. prepared the room and put make-up on one of the girls. Furthermore, both individuals exploited the slaves economically by consistently coercing them into household work and childcare. They prohibited the girls from practising their own religion; instead, they had to follow the accuseds’ instructions regarding the fundamentals of Islamic prayers and belief. Twana H. S. and Asia R. A. applied harsh physical violence against the children in case of alleged wrongdoings. They repeatedly beat the children, at times with solid objects. On one occasion, Asia R. A. scalded the younger girl’s hand with hot water. Prior to their departure from Syria in November 2017, the accused transferred the girls to other IS members. All of this served the Islamic State’s objective to destroy the Yazidi religion.

On 9 April 2024, the accused were taken into custody and have since been in pre-trial detention (see Press Release No. 13 of 10 April 2024).