The Kurdish-led administration in the autonomous region of northeastern Syria appears to have had enough. The sprawling region, roughly the size of Slovakia, is home to 10,000 detained ISIS fighters, making it the largest concentration of jailed terrorists in the world, according to the US State Department.
The ISIS fighters hail from dozens of countries – including the US, Canada and the UK – and have languished in jail cells for years despite calls from the administration, officially known as the Autonomous Administration of North and East Syria (AANES), to have their home countries repatriate them.
The administration’s military, the US-allied Syrian Democratic Forces, played an integral part in the fight against ISIS, or Islamic State.
Last month, the AANES revealed its plan to prosecute 2,000 of the foreign ISIS fighters, hoping to clear some of the backlog. The decision was prompted by the international community’s refusal to assume responsibility for their own citizens.
News of the move came as a surprise to diplomats, who were not previously informed about the authorities’ intended course of action.
The sudden announcement and reported swift implementation of the plan have raised concerns – including doubts that local authorities will be able to handle complex legal proceedings while ensuring due process. Furthermore, the level of international cooperation remains uncertain, leaving the fate of foreign fighters in limbo.
The foreign fighters have been detained in makeshift cells since 2019, alongside more than 10,000 foreign women and children who are currently held in camps.
Not only has the AANES been burdened with the monumental task of securing so many detainees in inadequate facilities, it has faced criticism for holding the prisoners without charges.
Complicating matters further, there is also the larger group of ISIS members from Syria and Iraq being held in detention facilities or camps, putting additional strain on the region’s limited resources.
West reluctant to act
The AANES has persistently called on countries, particularly those in the West, to repatriate their citizens. However, the states have been hesitant, citing a potential political backlash. There are also fears that their existing counterterrorism laws may not guarantee sufficient long-term prison sentences, as well as the risk of radicalization within their own prison systems.
As an alternative, the AANES has proposed an international tribunal to prosecute ISIS members. However, this has also been opposed, with the fighters’ home countries expressing concerns that a tribunal could ultimately lead to the large-scale repatriation of their citizens.
The recent decision to act unilaterally was made made immediately after the anti-ISIS coalition summit held in Saudi Arabia on June 8. In its statement, the AANES emphasized the court proceedings would be open to human-rights organizations, journalists, and the general public.
The AANES also said only the prisoners – not their families – would be subject to trial, and lawyers would be provided. Those convicted would serve sentences in local prisons, while those found not guilty would be released.
The push for trials was driven by various factors. One of the primary objectives is to apply pressure on the international community to address the problem. The unexpected manner in which the news of the trials was delivered served to bring the issue into the spotlight.
Moreover, the announcement aimed to garner more support from the countries involved to better assist the local authorities in managing the burden of foreign fighters and their families. This objective is clearly reflected in the administration’s statement, which emphasized the need for positive engagement and support from the international community during the trial process.
While the move has the potential to generate momentum and secure more support, it is unlikely that the concerned states will readily endorse the plan. One obstacle lies in the fact that the trials lack a legal basis, as the AANES does not have international recognition. Also, the legal system in northeastern Syria is inadequately equipped to ensure proper due process.
Additionally, conducting public trials could heighten security risks and create an environment conducive to prison breaks or attacks. Besides, the trials themselves will not address the underlying problem.
Because of the probable lack of extradition, foreign fighters, whether they are convicted or exonerated, will likely be unable to return to their countries of origin. This is why the US has determined the only solution is for states to repatriate their citizens.
Anticipating a potential negative reaction, the AANES has announced the trials will commence imminently, despite the lack of international support. However, several weeks have already passed without any concrete actions being taken, suggesting that negotiations are ongoing to persuade the AANES to reconsider its position.
Regardless of the outcome of these talks, it is imperative for the international community not to remain idle and simply hope the problem will vanish on its own. It is vital to prioritize the rights of those detained and ensure they receive fair trials as soon as possible. Equally important is for the victims of ISIS to feel justice is being served.
Disregarding these needs will not only hinder the healing process for communities impacted by ISIS but also carry the risk of further destabilizing the country and the broader region.
This article was provided by Syndication Bureau, which holds copyright.
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