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Michael Isikoff
Chief Investigative Correspondent
February 24, 2016
John Kerry testifies on Capitol Hill on Feb. 24. (Photo: Manuel Balce Ceneta/AP)
Secretary of State John Kerry signaled today that he plans to decide soon whether to formally accuse the Islamic State of genocide amid what sources describe as an intense debate within the Obama administration about how such a declaration should be worded and what it might mean for U.S. strategy against the terrorist group.
“None of us have ever seen anything like it in our lifetimes,” Kerry said during a House subcommittee hearing Wednesday about beheadings and atrocities committed by the Islamic State.
But in response to questioning by Rep. Jeff Fortenberry, a Nebraska Republican who has been spearheading a resolution in Congress demanding the administration invoke an international treaty against genocide, Kerry was careful not to tip his hand on what has turned into a thorny internal legal debate with political and potentially military consequences.
Saying the department was reviewing “very carefully the legal standards and precedents” for a declaration of genocide against the Islamic State, Kerry added that he had received “initial recommendations” on the issue but had then asked for “further evaluations.”
In his first public comments on the issue, Kerry said he “will make a decision on this” as soon as he receives those evaluations. He didn’t elaborate on when that might occur.
The administration’s plans to invoke the powerfully evocative genocide label — an extremely rare move — was first reported by Yahoo News last November. But at the time, the State Department was focused on restricting the designation to the Islamic State’s mass killings, beheadings and enslavement of the Yazidis — a relatively small minority group of about 500,000 in northern Iraq that the terrorist group has vowed to wipe out on the grounds they are “devil worshipers.”
The disclosure set off a strong backlash among members of Congress and Christian groups who argued that Islamic State atrocities against Iraqi and Syrian Christians and other smaller minority groups also deserved the genocide label. Some conservatives even chastised the administration for displaying a “politically correct bias that views Christians … never as victims but always as Inquisition-style oppressors.”
The issue has since made its way into the presidential campaign; Sen. Marco Rubio has signed a Senate version of a House resolution, co-sponsored by Fortenberry and Rep. Anna Eshoo, for a broader genocide designation that incorporates Christians, Turkmen, Kurds and other groups. Hillary Clinton has also endorsed such as move. In response to a question from a voter at a New Hampshire town hall last December about whether she believes Christians as well as Yazidis should be declared victims of genocide, she said, “I will, because we now have enough evidence.”
A Iraqi Yazidi woman and her children took refuge at the Bajid Kandala camp in Dohuk, Iraq, after fleeing Islamic State jihadists. (Photo: Ahmad Al-Rubaye/AFP)
But administration sources and others intimately familiar with the internal debate say the issue has proven more complicated. While ISIS has openly declared its intention of destroying the Yazidis, they argue, the terrorist group’s leaders have not made equally explicit statements about Christians even while committing killings, kidnappings, forced removals and the confiscation and destruction of churches aimed at Christian groups. As a result, administration officials and State Department lawyers have weighed labeling those acts “crimes against humanity” — a step that critics have said doesn’t go far enough. “We’ve been trying to tell them, crimes against humanity are not a bronze medal,” said one administration official, contending that it should not be viewed as a less serious designation.

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