Over 400 Ex-Daesh Fighters Return to UK Without Prosecution

More than 400 former Daesh (ISIS) fighters have returned to the UK, yet none have been prosecuted for their involvement in the terrorist organization, a group of MPs and peers has warned. This situation, described as unacceptable, has led to growing calls for urgent legal changes to ensure that those responsible for war crimes and genocide face justice within British courts.

The Urgent Call for Legal Reform

The Parliamentary Joint Committee on Human Rights (JCHR) raised the alarm over the lack of accountability, pointing out that despite many returning from Daesh’s stronghold in Syria and Iraq, no successful prosecutions have taken place. These individuals are believed to have committed heinous acts, including murder, rape, and other forms of terror, often targeting minority groups such as the Yazidis.

Lord Alton, the chair of the committee, emphasized that the UK cannot simply overlook the crimes committed by its nationals, arguing that the government has a moral responsibility to ensure these fighters face justice in the UK.

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Challenges in Prosecuting Daesh Fighters in the UK

The JCHR’s report highlights a significant barrier to bringing these individuals to justice: UK law only allows for prosecution of war crimes and genocide if the accused is a British national or resident, or subject to service personnel laws. As many of these fighters are not under such jurisdiction, prosecuting them in UK courts has proven difficult.

The committee advocates for changes to the Crime and Policing Bill, currently making its way through Parliament. These changes would make it possible for the UK to investigate and prosecute individuals for international crimes, regardless of whether they are still residents or nationals.

The Role of International Cooperation and Domestic Efforts

While the UK government has previously argued that crimes committed by Daesh fighters should be investigated and prosecuted in the countries where the offenses occurred, the committee contends that this approach is unlikely to succeed in regions where Daesh operated, such as Syria and Iraq.

The committee has also called for improved cooperation between the Crown Prosecution Service (CPS) and specialist law enforcement officers to ensure evidence is preserved and used in prosecutions, pointing out that many cases are in danger of being lost due to inadequate coordination.

Transparency in Deprivation of Citizenship and Repatriation Efforts

The issue of depriving individuals of their British citizenship, a practice used extensively by the government to remove citizens linked to Daesh, also remains a concern. Shamima Begum, who traveled to Syria to join Daesh at the age of 15, is the most prominent case. However, the committee insists that the UK is using deprivation of citizenship orders more than nearly any other country, and there must be greater transparency about this process.

Furthermore, the JCHR has called for stronger efforts to repatriate children stranded in camps in northeast Syria. These children, many of whom are descendants of Daesh fighters, are living in deplorable conditions. The committee urges that steps be taken to prevent them from becoming radicalized and ensures their safe return to the UK.

Conclusion: A Need for Urgent Action

The committee’s report stresses that the UK has a duty to act swiftly in bringing these individuals to justice. By holding them accountable, the UK can send a strong message that it will not turn a blind eye to the crimes committed by its nationals, no matter where they occurred. With the current legal framework, however, significant changes are needed to ensure that justice is served and to prevent future generations from becoming radicalized. The call for action has never been more urgent.

This article is originally published on: arabnews

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