Human Rights Watch warned on Tuesday that transferring approximately 5,700 detainees accused of links to the Islamic State from northeast Syria to Iraq could expose them to torture, enforced disappearance, unfair trials, and possible execution.
The organisation emphasised that, regardless of the severity of the allegations, the detainees had already been held for years in Syria without due process and were now being transferred to a judicial system with a documented record of abuses in counterterrorism cases.
"Victims of ISIS crimes deserve genuine justice, and that requires fair trials for the accused," stated Sarah Sanbar, HRW's Iraq researcher. She also noted that transferring detainees to Iraq, where torture and ill-treatment in detention remain major concerns, may violate the international law principle of non-refoulement, which prohibits sending individuals to a country where they face a real risk of abuse.
The Islamic State, or ISIS, declared a self-proclaimed caliphate across large areas of Syria and Iraq in 2014, attracting extremists globally. From this base, ISIS organised attacks worldwide, causing hundreds of deaths in Europe, the Middle East, and Asia. The group became known for severe abuses in Syria and Iraq, including the mass enslavement of Yazidi women and girls and harsh punishments such as beheadings, amputations, and stonings.
In the following years, a US-backed coalition led an international campaign that defeated ISIS territorially in Iraq in 2017 and in Syria in 2019. Many captured ISIS members, including individuals from Australia, Canada, Turkey, Germany, Britain, and former Soviet republics, remain in detention.
Authorities note that some countries are reluctant to repatriate their nationals, and it is unclear whether detainees will ultimately be extradited or repatriated.
HRW also stated that the United States could risk complicity in potential violations by virtue of its role in detaining the suspects and conducting the transfers.
Iraqi authorities are detaining the transferred individuals in Nasiriyah and Karkh prisons while investigations continue under the Supreme Judicial Council. On 8 February, the council announced that suspects from 42 countries would be prosecuted under Iraqi law and would not be extradited until investigations conclude.
Iraq's approach to terrorism prosecutions has faced sustained criticism. After the territorial defeat of IS, thousands of men were tried in proceedings that rights groups described as brief and heavily reliant on confessions allegedly obtained through torture. Many received death sentences.
Iraq continues to use capital punishment extensively in terrorism cases. An estimated 8,000 prisoners are on death row. On 10 February, six individuals were executed, marking the first mass execution since the death penalty was suspended following the General Amnesty Law in January 2025.
In June 2024, United Nations experts stated that Iraq's use of executions based on confessions obtained through torture and broad counterterrorism laws could constitute arbitrary deprivation of life under international law and may amount to crimes against humanity.
Human Rights Watch urged Iraq to enact legislation criminalising genocide, crimes against humanity, and war crimes in line with international standards, and to ensure fair trial safeguards, independent monitoring, and credible investigations into allegations of torture.
The organisation also encouraged countries whose nationals are among the transferred detainees to repatriate their citizens and prosecute them where evidence exists, rather than leaving Iraq to address what it described as a long-neglected international responsibility.