Dealing with Returning Islamic State Fighters

Dealing with Returning Islamic State Fighters Sabin Khan

We should take collective global action to hold foreign terrorist fighters to account, prevent impunity, and reverse the growth and influence of global jihadism.

t is estimated that more than of Islamist extremists. Islamic State There are also concerns regarding 100,000 detained Islamic activists in the family camps continue access to accurate figures of the cohorts State fighters, as well as family to spread Islamic State ideology, of Islamic State fighters and family members, are still residing in intimidate and recruit other residents, members in and , which are ISyria. Between one-half and two-thirds and maintain their smuggling and wire vital to credible threat assessments and of the more than 40,000 who joined the transfer networks. Female Islamic State strategic planning. In the absence of ‘caliphate’ are still alive and could pose a members are even attacking camp access to Kurdish-run prisons, the US global threat for years to come. Foreign security personnel. and coalition partners are relying on fighters are also engaged with Al the SDF for the numbers of foreign Qa’ida-aligned groups in Idlib province, fighters, including those who have in particular Hayat Tahrir Al-Sham and The international escaped. Similarly, much of the publicly Tanzim Hurras Al-Din. available data on family members is Since the fall of the Islamic State’s community does not from humanitarian agencies, which geographical caliphate in March 2019, appear to be learning key is neither comprehensive nor always the international community has failed lessons from the past accurate. to develop a strategic approach to address the issue of foreign terrorist What are the Challenges that fighters and family members residing In February, Islamic State Need to be Addressed? in Syria and Iraq. There continues to be fighters briefly took control of significant political and public resistance Hasaka prison, which holds between • The security threat to the various from many countries to bring them 4,000 and 5,000 prisoners, and the countries of origin of these home to prosecute or deradicalise, or next month riots broke out again. fighters, when countries are already take any other proactive action. Some The (SDF) struggling to manage radicalised governments also do not view this have been physically securing the individuals in prisons, communities issue as an immediate priority (nor did prisons but worry about prisoners and online. After the terrorist attack they before coronavirus). Geopolitical escaping. General Kenneth F in Reading in June, a question has developments in Syria and Iraq over the McKenzie Jr. the Commander been posed about the management last 12 months, however, would suggest of USCENTCOM, reported to of the increased number of closed some of the risks and vulnerabilities Congress in March that current subjects of interest. central to the assessment of the approaches by the US and coalition threat have changed. This includes forces are ‘a tactical-level Band-Aid, • Limited (though growing) the current predicament of minors, not a long-term solution. Military available evidence of effective the worsening humanitarian situation solutions do not exist for the issues disengagement, deradicalisation, (further compounded by coronavirus), of de-radicalization and repatriation rehabilitation and reintegration and a deterioration in security of [foreign terrorist fighters]. They programmes. within the displacement camps and are international problems requiring Kurdish-run detention centres, international solutions’. He said that • Political and public resistance in where Islamic State fighters and the international community must Western countries to repatriate their families have also been escaping. The act quickly to protect the US and citizens. In the UK in 2019, 77% of displacement camps for families have its allies. The IG report noted that adults thought that the government been characterised in a report by Islamic State prisoners pose ‘one should prevent British Islamic State the Lead Inspector General (IG) of of the most significant risks to the fighters from returning to the UK. the US Department of Defense as a success of the [defeat ISIS] mission’, ‘relatively permissive environment for as well as a threat to US and coalition • Legal challenges where countries the recruitment of the next generation’ partner national security interests. often lack the necessary legislation

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Al Hol camp in Syria. The camp contains thousands of people, many of them the wives and children of Islamic State fighters. Shamina Begum was found in Al Hol Camp in 2019. Courtesy of VOA News.

and evidence to prosecute foreign by hanging in an Iraqi court. Syrian at Guantánamo Bay in Cuba fighters. Kurds have also said they will hold where other foreign jihadis have trials for Islamic State fighters from been held since 2002. Recently, • Registering citizenship of children more than 50 countries, including four US senators have urged born in theatre. In the UK, it is about 30 from the UK, after President Trump to send Islamic unlikely that niqah ceremonies becoming exasperated by a failure State fighters currently detained conducted in theatre will be to reach international agreement in Syria to Guantánamo. The recognised in the absence of a civil over what to do with them. To avoid Pentagon’s spokesperson for ceremony in line with English law. the problem of the death penalty, Detainee Policy said ‘Guantánamo This will also have implications European countries have reportedly detention remains an alternative to for registering children born in shifted to considering the creation repatriation of captives now held Syria or Iraq. DNA tests would be of special chambers within the Iraqi by the Syrian Democratic Forces’. required to establish citizenship, and justice system to try foreign fighters. Challenges include: concerns about in cases where passports and other These chambers could exclude human rights; and the international documentary evidence have been the use of capital punishment and community will not want to be seen destroyed by the individual. Other follow at least minimal standards to be repeating history from the Iraq countries are likely to have related of due process. There is also an conflict. challenges. option of asking a third country to handle these cases, as with Albania • Prevent foreign fighters from What are the Policy Response and the People’s Mujahedin of Iran. returning home, either by Options? Challenges include: concerns about stripping them of their nationality human rights and the death penalty or by using technical arguments • Prosecution in region. Prosecute for the former, and financing it in a to contest the existence of their foreign fighters and their families third country. initial citizenship. Challenges in Syria or Iraq, or in a third include: this is a short term measure country. Germany and France have • The US accepts custody. US which does not fix the problem; transferred some of their nationals officials have said that foreign concerns about human rights, the to Iraq for prosecution. Between fighters who cannot be repatriated UN Conventions on Statelessness, 26 May and 3 June 2019, 11 French to their own countries could be and the rights of minors. defendants were sentenced to death brought to the US military prison

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• Recognise the right of foreign administration used the occasion to failing to repatriate its citizens in Syria, fighters to return but avoid emphasise that all countries should saying it is a ‘matter of urgent priority’. active consular efforts to repatriate their citizens as there are facilitate their repatriation. no other viable options. They also Challenges include: concerns about emphasised that countries have a duty A Strategic Review human rights; the fact that it is a of care to young children who are short-term measure and does victims and should be treated as such. After undertaking a literature review of not resolve the problem; it may Stripping citizenship and abandoning the academic work and policy papers, allow fighters to escape to another children in Syria and Iraq is contrary to RUSI has identified several key gaps that country. international norms and human rights. need to be addressed for this issue to be In recent months, the US Institute resolved comprehensively: • Repatriate foreign fighters and of Peace, the OSCE, the International subject them to prosecution in Centre for Counter-Terrorism, the • Identifying global approaches that their home country in addition to Soufan Center, the European Council have been effective in prosecution, monitoring, rehabilitation, and on Foreign Relations, the Center for deradicalisation and reintegration reintegration efforts following Global Policy, International Crisis when citizens have been repatriated. their return. The development of a Group and Save the Children, among This would apply to foreign fighters as shared international strategy would others, have called for the international well as family members. A comparative ease the logistical and legal burdens community to manage a controlled analysis and review of what has of repatriation. Challenges include: process of return through prosecution, worked (building on RUSI’s work in political and public resistance; little rehabilitation and reintegration. They the prevention space) could assist the evidence of what is working well see this as the only practical option in international community in identifying in deradicalisation or rehabilitation terms of mitigating security risks, and practical measures integral to the and evidential challenges related to ensuring the international community development of a strategic response. prosecution. is seen to be upholding an ethical and moral approach in line with human • Providing recommendations on how • An international tribunal. Some rights and the rule of law. to enhance existing international legal European countries have suggested Towards the end of 2019, around frameworks for dealing with foreign establishing an international tribunal 750 repatriations to 22 countries terrorist fighters. What role could the in the region to try some Islamic took place. Kazakhstan, Uzbekistan, ICC play? Is it able to meaningfully State fighters. Since all EU member Kosovo, and Russia have address this issue? Are there any third- states are party to the International repatriated significant numbers, country options for prosecuting and Criminal Court (ICC), it would prioritising women and children. In detaining foreign fighters that would have jurisdiction over international 2020, RUSI conducted a review for satisfy European legal requirements? crimes committed by their citizens. the EU into the existing capacity of Could such a tribunal and detention However, this would only extend to Central Asian countries to deal with facility be supported logistically those who could be charged with repatriation. The review revealed the and financially? Could a ‘hybrid’ genocide, crimes against humanity existence of significant challenges and international–national court, such as or war crimes – not membership of a lack of capacity in deradicalisation in Cambodia, be a more viable option a terrorist group. For these reasons, and reintegration. to enable the prosecution of a subset officials have discussed setting up a Western countries have taken of foreign terrorist fighters? An new tribunal, probably in the form back small numbers: the US has taken approach that is ‘realistic not idealistic’ of a ‘hybrid’ international–national back 16 adults and children; Germany, could at least deliver some level of court established in association with fewer than 10; Australia, eight children; global restorative justice for victims of Iraq. Challenges include: the US will Sweden, seven children; and Norway, terrorism and prevent impunity. be resistant to this idea because of five children. In November, the UK the costs it may have to incur; it will repatriated a small number of orphans • Addressing prosecutorial challenges also be time consuming. but the Home Office has since said that such as the volume of material versus they do not expect any of the remaining the resources available (not just in International Response 60 children in Syrian refugee camps UK) and the evidential difficulties that to be allowed to return to the UK. exist. In recent years, the Independent In February, the UN Office of On 21 June 2020, France repatriated International Commission of Inquiry, Counter-Terrorism hosted a Joint 10 children from northeastern Syria. the International, Impartial and Regional High-Level Conference on Approximately 270 French children Independent Mechanism and the Foreign Terrorist Fighters. Senior remain in Syria. On 29 June, Human Investigative Team have gathered dignitaries from the UN and US Rights Watch criticised Canada for battlefield evidence of atrocities

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committed in Syria. The use of conventional and digital forensics are options, but significant evidential challenges remain.

• Strengthening international processes to ensure better use of witness evidence for successful war crimes prosecutions. There are several representatives of NGOs who might have important witness evidence, but the mechanisms for cooperation with law enforcement is cautious and limited.

RUSI intends to provide a fresh overview of the challenge, drawing on UK and international experts, and subsequently offer practical and realistic recommendations. In looking forward, RUSI is also driven by historical legacies. The global jihadist movement emerged in the late 1970s and, since then, the number of Islamist terrorists has increased in size and reach. Following the Soviet–Afghan war, many Egyptian, Algerian, Syrian, Iraqi and Libyan foreign fighters did not return home because of the potential treatment and imprisonment awaiting them. Pakistan and Afghanistan became a safe haven, and Islamists moved from conflict to conflict extending the network and skills of the global jihadist movement. The conflict in Syria and Iraq has mobilised the highest number of foreign fighters compared to other theatres of jihad. The international community does not appear to be learning key lessons from the past and is in the process of repeating a historic mistake. We should take collective global action to hold foreign terrorist fighters to account, prevent impunity, and reverse the growth and influence of global jihadism.

Sabin Khan is as Senior Associate Fellow at RUSI. She is currently on a secondment from the Home Office working to advance global policy and analysis.

The views expressed in this article are the author’s, and do not represent those of RUSI or any other institution.

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