After four years of being burdened with thousands of followers and their families of the terrorist group ISIS, the Syrian Kurdish administration announces its intention to prosecute the perpetrators by itself. An appeal to establish an international tribunal fell on deaf ears, and the Kurds have been just as unsuccessful in getting support for their request to repatriate and prosecute foreign ISIS perpetrators in their own countries.
It is a hot potato that has been tossed back and forth for years: who should prosecute the men who fought, murdered, raped, and destroyed for ISIS? Everyone agrees that it is important, especially for the victims, to get it done. Iraq has already prosecuted most of its own perpetrators. However, the approximately 15,000 men held in Syrian Kurdish captivity, including around 3,000 who are not Iraqi or Syrian, must receive a punishment that matches their actions too.
Most of their leaders are still at large or have been killed in targeted military actions over the past years. Many of them were not even in Baghouz, the last stronghold of ISIS, which fell in March 2019, leading to the imprisonment of thousands of surviving ISIS followers and their families in Syrian Kurdish prisons and camps.
In total, it concerned approximately 100,000 people, of which around 67,000 remain. Of those, 13,000 are non-Syrian or non-Iraqi. Out of that total, over 50,000 are still in the family camps of Al-Hol and Roj (primarily women and minors).
Slow Progress
Repatriation is taking place, but it is slow. Nearly four hundred non-Syrians and non-Iraqis left the family camps last year. Thousands of Syrian women and children have returned home under the responsibility of their tribal leaders, and Iraq has also repatriated several thousand of its own citizens. The Syrian Kurds are not initiating the prosecution of the women in the camps. Nevertheless, they will likely have to address the most radical women who are running a mini-caliphate in Al-Hol, as dozens of murders occur there annually.
Iraq has reached a secret agreement with the Syrian Kurds, in which it repatriates fifty fighters for every 150 family members from Al-Hol. These individuals then enter the Iraqi legal system, meaning they are prosecuted under anti-terrorism laws in a process that usually lasts no longer than fifteen minutes. Consequently, they receive life imprisonment or a death penalty.
The family members go to the Iraqi Jeddah camp, where they must undergo a rehabilitation program. Afterwards, they have to return home, also with the cooperation of their tribal leaders. Nevertheless, many wives and sons of ISIS fighters are hesitant to do so. They know that in their own old neighborhoods, at best, they will be shunned because of the actions of their husbands and fathers.
Although the return should be voluntary, it is often forced. Authorities often want to empty a portion of the camp to accommodate the arrival of the next group from Syria. Unfortunately, this results in families ending up on the streets without proper shelter or income. While camp authorities claim that they want to stay in the camp because they receive food and clothing, Iraqi women that are no longer welcome even among their own families will find it difficult to earn an income.
Papers
Furthermore, their papers were confiscated in Syria in 2019 and never returned, which leads to problems with the local authorities. Without an identity card, nothing can be done, and people often have to go back to their place of birth to apply for a new one.
Very little is being done in Iraq to reintegrate the families of ISIS fighters into the society. It is a dangerous situation because the resulting frustration and poverty can become a breeding ground for radical groups. And although ISIS has been defeated, it is not gone. Cells are still being dismantled regularly, and recently in Syria, a new plot by ISIS cells to free their comrades from prison was discovered.
Even the head of the UN mission in Iraq, UNAMI’s Jeanine Hennis-Plasschaert, recently highlighted this in a stern speech. The Iraqi services involved in the return of ISIS families must therefore cooperate better, she said. More should be done for orphaned children who have lost their families. Without papers, the returnees cannot rebuild their lives, she also pointed out. And they should be treated the same as anyone else in terms of the government’s social system, while now, ISIS families are often excluded from it.
Plasschaert also urged more efforts to promote social cohesion by effectively communicating with the community where a family returns. There is often a lot of misinformation about those involved. Women often had no choice but to accompany their husbands who joined ISIS. She also emphasized the need to respond to the call for justice. “The victims of Daesh deserve no less. Moreover, accountability and justice are important mechanisms for prevention.”
Revenge
Here, the head of UNAMI makes an important point. Returnees who are afraid to go home are mainly fearful of revenge. Due to the fact that so many perpetrators have gone unpunished, a network of avengers has emerged. Victims who discover that the perpetrator responsible for the abduction or death of a loved one managed to buy their way to freedom, hire such an avenger, as reported by a reliable source familiar with this issue.
It can cost up to $100,000. In particular, family members of women who have been raped by ISIS (Yazidis, but also Shiites) hire someone to kill the perpetrator. This way, the violated honor of the woman and thus her family is somewhat restored. Whole families are willing to contribute a few dinars to that cause.
Often, the perpetrators were acquaintances of the victims, often even neighbors. They know they are fair game and hide in Syria or Turkey. However, they are not safe from the avengers who track them down to kill them. The costs of such an action are high because the avengers need money afterward to bribe the police and judges in order to stay out of prison.
Violence
The absence of a reliable legal system in Iraq fuels new violence. The Syrian Kurds also know that the failure to prosecute their ISIS prisoners will lead to problems. Failing to hold people accountable for what they did for ISIS will fuel the desire for revenge.
The prosecution of Syrian ISIS men has shown that only ten percent receive a maximum sentence, and another ten percent are released due to lack of evidence. The rest can finally move on with their lives after serving their sentences. But only if the community they return to is guided in the right way, I know from my own experience in Iraq. The community must accept that the man in question has been punished. That justice has been served.
And ultimately, the same should apply to foreign ISIS fighters whom no one wants to take back. They must be prosecuted because otherwise their captivity is illegal. Without it, there is no justice for their victims. The Syrian Kurds, who are already spending around $100 million a year to run the Al-Hol camp, are requesting assistance.
If there is no international tribunal, countries that refuse to prosecute their own ISIS perpetrators can hardly refuse this request. They should no longer delay the process with legal objections. The reality after four years is that failing to prosecute is much riskier than subjecting the perpetrators to a justice system that may not fully meet all international standards. But does what the society needs.
