Could foreign Daesh suspects be tried in northeast Syria?

Syria’s Kurds hold around 1,000 foreign militants in jail. (AFP/File)
Updated 16 July 2019
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Could foreign Daesh suspects be tried in northeast Syria?

  • The Kurdish authorities say they are seriously exploring how to set up an international tribunal

QAMISHLI: Months after the territorial defeat of Daesh, Syria’s Kurds are pushing for an international tribunal to try alleged militants detained in their region.

The Kurds run an autonomous administration in the northeast of Syria, but it is not recognized by Damascus or the international community.

This brings complications for the legal footing of any justice mechanism on the Kurds’ territory, and the international cooperation required to establish one.

With Western nations largely reluctant to repatriate their nationals or judge them at home, could foreign Daesh suspects be put on trial in northeast Syria?

After years of fighting Daesh, Syria’s Kurds hold around 1,000 foreign men in jail, as well as some 12,000 non-Syrian women and children in overcrowded camps.

Almost four months after Kurdish-led forces backed by the US-led coalition seized Daesh’s last scrap of land in eastern Syria, few have been repatriated.

The Kurdish authorities say they are seriously exploring how to set up an international tribunal, and invited foreign experts to discuss the idea at a conference it hosted early this month.

“We will work to set up this tribunal here,” the region’s top foreign affairs official Abdelkarim Omar told AFP afterwards.

“The topic of discussion now is how we will set up this tribunal and what form it will take,” he said.

Daesh in 2014 declared a “caliphate” in large parts of Syria and neighboring Iraq, implementing its brutal rule on millions in an area the size of the UK.

The militants stand accused of a string of crimes including mass killings and rape, and a UN probe is investigating alleged war crimes.

Mahmoud Patel, a South African international law expert invited to the July conference, said any court should include input from victims and survivors.

It should be “established in the region where the offenses happened so that the people themselves can be part of that process,” he said, preferably in northeast Syria because the Kurds do not have the death penalty.

In Iraq, hundreds of people including foreigners have been condemned to death or life in prison.

In recent months, a Baghdad court has handed death sentences to 11 Frenchmen transferred from Syria to Iraq in speedy trials denounced by human rights groups.

Omar, the foreign affairs official, said he hoped for an international tribunal to try suspects “according to local laws after developing them to agree with international law.”

The Kurdish region has judges and courts, including one already trying Syrian Daesh suspects, but needs logistical and legal assistance, he said.

A tribunal would have “local judges and foreign judges, as well as international lawyers” to defend the accused, he said.

Nabil Boudi, a French lawyer representing four Frenchmen and several families held in Syria, said the Kurdish authorities seemed determined.

“They’re already starting to collect evidence,” he said after attending the conference.

“All the people who were detained and jailed had their own phone” and data can be retrieved from them, said the lawyer, who was however unable to see those he represents.

Boudi called for “a serious investigation by an independent examining magistrate ... that should take time and be far less expeditious than in Baghdad.”

Stephen Rapp, prosecutor in the trial of Liberian ex-president Charles Taylor, said the most realistic option to try foreigners in northeast Syria would be a Kurdish court.

It could have “international assistance conditioned on compliance with international law,” he said, including advice from a non-governmental organization specialized in working with non-state actors.


International aid groups grapple with what Israel’s ban will mean for their work in Gaza

Updated 1 sec ago
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International aid groups grapple with what Israel’s ban will mean for their work in Gaza

TEL AVIV: Israel’s decision to revoke the licenses of more than three dozen humanitarian organizations this week has aid groups scrambling to grapple with what this means for their operations in Gaza and their ability to help tens of thousands of struggling Palestinians.
The 37 groups represent some of the most prominent of the more than 100 independent nongovernmental organizations working in Gaza, alongside United Nations agencies. Those banned include Doctors Without Borders, the Norwegian Refugee Council, Oxfam and Medical Aid for Palestinians.
The groups do everything from providing tents and water to supporting clinics and medical facilities. The overall impact, however, remains unclear.
The most immediate impact of the license revocation is that Israel will no longer allow the groups to bring supplies into the Gaza Strip or send international staffers into the territory. Israel says all suspended groups have to halt their operations by March 1.
Some groups have already been barred from bringing in aid. The Norwegian Refugee Council, for example, said it has not been allowed to bring in supplies in 10 months, leaving it distributing tents and aid brought in by other groups.
Israel says the banned groups make up only a small part of aid operations in Gaza.
But aid officials say they fulfill crucial specific functions. In a joint statement Tuesday, the UN and leading NGOs said the organizations that are still licensed by Israel “are nowhere near the number required just to meet immediate and basic needs” in Gaza.
The ban further strains aid operations even as Gaza’s over 2 million Palestinians still face a humanitarian crisis more than 12 weeks into a ceasefire. The UN says that although famine has been staved off, more than a quarter of families still eat only one meal a day and food prices remain out of reach for many; more than 1 million people need better tents as winter storms lash the territory.
Why were their licenses revoked?
Earlier this year, Israel introduced strict new registration requirements for aid agencies working in Gaza. Most notably, it required groups to provide the names and personal details of local and international staff and said it would ban groups for a long list of criticisms of Israel.
The registration process is overseen by Israel’s Ministry for Diaspora Affairs and Combating Antisemitism, led by a far-right member of the ruling Likud party.
Israel says the rules aim to prevent Hamas and other militants from infiltrating the groups, something it has said was happening throughout the 2-year-old war. The UN, which leads the massive aid program in Gaza, and independent groups deny the allegations and Israeli claims of major diversion of aid supplies by Hamas.
Aid organizations say they did not comply, in part, because they feared that handing over staff information could endanger them. More than 500 aid workers have been killed in Gaza during the war, according to the United Nations.
Israel denies targeting aid workers. But the group say Israel has been vague about how it would use the data.
The groups also said Israel was vague about how it would use the data.
“Demanding staff lists as a condition for access to territory is an outrageous overreach,” Doctors Without Borders, known by its French acronym MSF, said Friday. It said Israeli officials had refused its attempts to find alternatives.
A December report on MSF issued by an Israeli government team recommended rejection of the group’s license. It pointed primarily to statements by the group criticizing Israel, including referring to its campaign in Gaza as genocide and calling its monthslong ban on food entering the territory earlier this year as “a starvation tactic.” It said the statements violated neutrality and constituted “delegitimization of Israel.”
The report also repeated claims that an MSF employee killed in by an Israeli airstrike in 2024 was an operative with the Islamic Jihad militant group. That, it said, suggested MSF “maintains connections with a terrorist group.”
MSF on Friday denied the allegations, saying it would “never knowingly employ anyone involved in military activities.” It said that its statements cited by Israel simply described the destruction its teams witnessed in Gaza.
“The fault lies with those committing these atrocities, not with those who speak of them,” it said.
Aid groups have a week from Dec. 31 to appeal the process.
Medical services could see biggest impact
Independent NGOs play a major role in propping up Gaza’s health sector, devastated by two years of Israeli bombardment and restrictions on supplies.
MSF said Israel’s decision would have a catastrophic impact on its work in Gaza, where it provides funding and international staff for six hospitals as well as running two field hospitals and eight primary health centers, clinics and medical points. It also runs two of Gaza’s five stabilization centers helping children with severe malnutrition.
Its teams treated 100,000 trauma cases, performed surgeries on 10,000 patients and handled a third of Gaza’s births, the group says. It has 60 international staffers in the West Bank and Gaza and more than 1,200 local staff — most medical professionals.
Since the ceasefire began in early October, MSF has brought in about 7 percent of the 2,239 tons (2,032 metric tons) of medical supplies that Israel has allowed into Gaza, according to a UN tracking dashboard. That makes it the largest provider of medical supplies after UN agencies and the Red Cross, according to the dashboard.
Medecins du Monde, another group whose license is being halted, runs another four primary health clinics.
Overburdened Palestinian staff
Aid groups say the most immediate impact will likely be the inability to send international staff into Gaza.
Foreign staff provide key technical expertise and emotional support for their Palestinian colleagues.
“Having international presence in Gaza is a morale booster for our staff who are already feeling isolated,” said Shaina Low, communications adviser for the Norwegian Refugee Council, which is one of the main NGOs providing shelter supplies and fresh water to displaced people.
NRC has roughly 30 international staff who rotate in and out of Gaza working alongside some 70 Palestinians.
While any operations by the 37 groups in the West Bank will likely remain open, those with offices in east Jerusalem, which Israel considers its territory, might have to close.
Halt on supplies
Many of the 37 groups already had been blocked from bringing supplies into Gaza since March, said Bushra Khalidi, Oxfam’s policy lead for Israel and the occupied Palestinian territories.
What changes with the formal license revocation is “that these practices are now formalized, giving Israel full impunity to restrict operations and shut out organizations it disagrees with,” she said.
Some of the groups have turned to buying supplies within Gaza rather than bringing them in, but that is slower and more expensive, she said. Other groups dug into reserve stocks, pared down distribution and had to work with broken or heavily repaired equipment because they couldn’t bring in new ones.
Amed Khan, an American humanitarian philanthropist who has been privately donating medicine and emergency nutrition for children to Gaza, said the impact extends beyond the aid groups.
He relies on NGOs to receive and distribute the supplies, but the fewer groups that Israel approves, the harder it is to find one.
“It’s death by bureaucracy,” he said.