Abdul-Mahdi drew a distinction between what he called “besieged families” – Iraqis who were trapped under ISIS occupation – and the families of fighters who fled with them to Syria.
“We are keen on human rights, but this can’t be dealt with in the same way as those families who were besieged,” Abdul-Mahdi said.
“In Mosul, we have to sort out those families who suffered and were oppressed by Daesh and provide them with freedom and return them to their homes as soon as possible,” he said, using the Arabic acronym for ISIS.
“As for the families of Daesh, this is a different thing. There might not be a big difference between the Daesh family and Daesh itself as they themselves admit. This requires different dealing,” the PM argued.
“Security measures” will be taken so that these individuals do not “leak” into society, where they could form “hotbeds” that could lead Iraq into a new crisis, he said.
Many of these families are currently held in al-Hol camp in northeast Syria having escaped the jihadist group’s last holdout in Baghouz.
Al-Hol officials estimate there are 22,000 Iraqis held in the camp, according to Hawar News Agency.
A general view of al-Hol camp is seen in Hasaka governorate in northeastern Syria, February 17, 2019. Photo: Bulent Kilic / AFPThe Kurdish-led Syrian Democratic Forces (SDF), backed by the international coalition, is on the brink of retaking this last sliver of ISIS territory.
“We in Iraq wish to protect ourselves in the best possible way. We have actually passed plans in the ministerial council for national security on how to deal with the fighters, the families, or with the foreign fighters,” the PM said.
Belkis Wille, senior Iraq researcher for Human Rights Watch’s Middle East and North Africa division, warned on February 24 warned confining people in camps when they have not been charged with a crime could breach their human rights.
“The government should not confine people to camps who have not been charged with a crime other than being related to a suspected ISIS fighter. Doing so would contribute to a form of collective punishment, which constitutes a war crime,” Wille wrote in a HRW statement.
Foreign fighters
Abdul-Mahdi also addressed the question of putting foreign fighters on trial. Iraqi President Barham Salih struck a deal in Paris on Tuesday agreeing to try 13 French nationals under Iraqi law.
French President Emmanuel Macron (R) shakes hands with Iraqi President Barham Saleh as they attend a press conference at The Elysee Palace in Paris, February 25, 2019. Photo: Christophe Ena / pool / AFP“There could be two proposals,” Abdul-Mahdi said.
“Either some countries would ask Iraq to help, to transfer some of her Daesh citizens to [their own] country, like France for example, might … transfer those people to their country.”
“The second choice is for them to try those whose home countries refuse to repatriate [them from] Iraq, but only if provided with full information.”
“We want full information on these Daesh fighters and how they need to be dealt with. Some of the foreign fighters fought in Iraq. Iraq will pursue them through legally even if they are abroad,” he said.
Even if they have only fought in Syria, these fighters can still be tried in Iraq because they have “constituted a logistical support” to ISIS in Iraq, the PM added.
Due process?
Iraq’s judicial record in dealing with ISIS suspects and fighters is poor, with international rights groups claiming Iraq does not exercise due process.
Many ISIS suspects are handed death sentences without a full and transparent trial. Judicial sources in Iraq told AFP that many countries want Iraqi courts to take care of their citizens precisely because they hand down death sentences.
Iraqi courts are also preferred to Kurdish-controlled northern Syria, as Rojava is not a recognized legal entity.
Home countries are afraid to take back their citizens as they may not be able to gather sufficient evidence to prosecute them. If released, these suspects could pose a threat to national security.
As a result, Britain stripped ISIS wife Shamima Begum of her citizenship.
Despite calling on European states to take back their citizens, US President Donald Trump also barred Hoda Muthana, an American ISIS supporter, from returning to the US.
