British 'Isis members' to be put on trial in Syria as Kurds plan special court for foreign fighters

Kurdish-led Syrian Democratic Forces hold more than 1,000 alleged Isis fighters

Detained prisoners at a centre in Hassakeh (Richard Hall)

British Isis fighters could soon face trial in Syria under new plans announced by the Kurdish-led administration in the country’s northeast that holds thousands of prisoners.

More than 1,000 foreign fighters have been held in detention by the Syrian Democratic Forces (SDF) since the defeat of the terror group’s caliphate last year, most of whom were captured leaving the battlefield in its final weeks.

Among that number are an estimated 10 British men and 30 women, who are being held separately along with their children.

The SDF, a mostly Kurdish militia that was the west’s main ally in the fight against Isis, had called for foreign governments to repatriate their citizens who joined the terror group so they could face trial in their own countries.

But the UK and other European countries have refused to bring them home, citing security risks.

The SDF’s political arm, the Autonomous Administration of North and East Syria, announced on Thursday that it would begin putting the Isis fighters on trial in Syria in March. The news came following a meeting between the group’s foreign relations committee and Finland’s Ministry of Foreign Affairs.

“We explained our intention to set up a special court for Isis to the Finnish government and asked for help from the legal and technical aspects, and that this trial be transparent and public,” said a statement from the administration.

“Unfortunately many states have not responded to our appeals. For example, we have handed over less than 10 percent of Isis-linked children to their countries so far. There is the urgent need for a solution to this issue in our region, and to pressure states to receive their nationals,” the statement added.

The trials will not include the roughly 4,000 foreign Isis-linked women also detained by the SDF in the al-Hol displacement camp.

The burgeoning Autonomous Administration, which was founded in the chaos of the Syrian civil war, has already held trials for some 6,000 local Isis fighters under laws it created in 2014 after declaring autonomy from the Syrian government.

Sentences range from one to five years for people with minor affiliations with Isis, while life sentences are handed down to those who have been found guilty of war crimes.

But the plan to try foreigners is likely to present a different set of problems.

“They do not have support from the outside to conduct these trials, they probably do not have access to all the witnesses they need, and finally, they probably don’t have much of a plan if the trials result in non-convictions, or the detainees are eventually released,” said Dr HA Hellyer, senior associate fellow at the Carnegie Endowment for International Peace.

“It’s really quite appalling that the international community, especially those countries where these detainees came from, are not doing more to lift their responsibilities,” he added.

Clive Stafford Smith, a human rights lawyer and founder of Reprieve who represented a number of clients held at Guantanamo Bay, said: “The question is whether the SDF has the resources to do this, when it should be the west.”

I think this may be a way of calling the bluff of the Europeans who refuse to take responsibility for their own nationals 

Clive Stafford Smith, human rights lawyer 

He added that the announcement may be aimed at pressuring the UK and other European countries to take back their citizens. If the trials take place, and British Isis prisoners serve their time, they may then be free to return home.

“I think this may be a way of calling the bluff of the Europeans who refuse to take responsibility for their own nationals,” he told The Independent.

“If we do fair trials in northeast Syria and someone serves their time, then the British can no longer leave them there.”

While publicly recusing itself of responsibility for British citizens who went to join Isis, and in some cases removing their citizenship to prevent their return, the British government has explored a number of different solutions for the detained fighters .

One of those solutions involved transferring foreign fighters to Iraq to face trial. That plan was stalled due to concerns over the potential legal ramifications of sending prisoners to a country which sentences Isis members to death with little evidence.

A government spokesman previously told The Independent: “Our priority is the safety and security of the UK and the people who live here. We continue to work closely with international partners to address issues associated with foreign terrorist fighters, including the pursuit of justice against participants in terrorism overseas.

“Those who have fought for or supported Daesh [Isis] should wherever possible face justice for their crimes in the most appropriate jurisdiction, which will often be in the region where their offences have been committed.”

The spokesperson added that UK “has been clear that any justice mechanism must respect human rights and the rule of law as well as ensure fair trials and due process”.