From Syrian prison to Iraqi courts: 'IS detainees' face trial under counterterrorism law

The Iraqi judiciary has begun investigating thousands of suspects, most of whom are foreigners, transferred from Syrian prisons under Iraq's anti-terror law. If convicted, they face execution or life imprisonment. 

Iraqi legal experts told The New Arab that these measures are consistent with binding Iraqi laws.

The Supreme Judicial Council of Iraq announced on Monday the commencement of investigative procedures against 1,387 suspected members of the Islamic State group who were recently transferred from detention facilities in Syria.

The council stated that the First Karkh Investigative Court has begun questioning the suspects under the direct supervision of the head of the Supreme Judicial Council, with several judges specialising in counterterrorism assigned to the case.

The council stated that all measures will be conducted in accordance with Iraqi law and humanitarian standards, consistent with national legislation and international norms.

The council added that this measure is part of Iraq's broader efforts to complete investigations and ensure accountability for those involved in ISIS crimes. These efforts include international coordination to address cases that may constitute genocide or crimes against humanity.

The council noted that the total number of ISIS suspects expected to be transferred may exceed 7,000. The National Centre for International Judicial Cooperation will provide courts and investigators with archived evidence and records.

Sheikh Latif Mustafa, a retired Kurdish judge and former Iraqi lawmaker, told TNA there is no legal barrier to trying ISIS prisoners under Iraq's counterterrorism law.

He also added that most of the ISIS members were in Iraq and the group's crimes extended beyond the borders. He said Iraq can set trials for the prisoners and also can extradite them to their original countries. 

TNA contacted Ahmed Al-Luabi, a spokesperson for Iraq's justice ministry, but he was unavailable to comment. 

Separately, Prime Minister's adviser Hussein Allawi stated that the committee overseeing the transfer from Syria to Iraq operates under the National Security Council's authorisation and directives from Prime Minister and Commander-in-Chief Mohammed Shia' al-Sudani.

Allawi told Iraq's state news agency INA that the process is being conducted in close coordination with the Supreme Judicial Council, which he described as a key strategic partner in the initiative.

He acknowledged the process is complex but noted that Iraq took an early lead, earning international praise, particularly from the United States, which commended the government's approach.

Allawi said the procedures are being carried out under Iraq's 2005 Counterterrorism Law and in line with relevant UN Security Council resolutions, including those related to ISIS and al-Qaeda, as well as resolutions addressing crimes committed against the Yazidi community between 2014 and 2017.

He added that Iraqi security forces, under judicial oversight and the prime minister's orders, are transferring suspects to designated prisons and conducting necessary investigations. He said Iraq had already completed preliminary investigations and gathered evidence against Iraqi ISIS members.

Regarding foreign fighters, Allawi said Baghdad is coordinating with the international coalition to obtain relevant information and is urging home countries to repatriate their nationals once judicial procedures are complete and legal requirements are met.

He noted that some countries, particularly in Europe, impose less stringent penalties for terrorism-related crimes. As a result, Iraqi courts are pursuing firm legal measures against both Iraqi and foreign suspects involved in ISIS activity in Iraq and Syria.

Allawi said Iraq is calling on countries to take responsibility for their citizens. He emphasised that the Iraqi judiciary, supported by the Justice Ministry and security and intelligence agencies, is prepared to manage the process amid heightened readiness along the Iraqi-Syrian border.

He added that while international cooperation is ongoing, it requires time and logistical, technical, and political arrangements through diplomatic channels. Furthermore, he cited recent contacts between Iraqi and US officials and engagement with the European Union, which praised Iraq's handling of the process.

Allawi called for international conferences and forums to strengthen cooperation with countries whose nationals are detained and to activate the UN Security Council's Counterterrorism Committee. He said Iraq will also seek international support to cover technical and financial costs, noting the process is still in its early stages.

On security concerns, Allawi said the transferred suspects do not pose an immediate threat to Iraq's national security but remain a risk in Syria. He described the transfer of senior ISIS figures capable of reorganising as a pre-emptive measure.

According to Iraqi officials, ISIS membership is estimated at 10,000 fighters, with about 7,000 currently held in Syrian prisons. Officials emphasised the importance of intelligence-sharing with Syria and the international coalition and praised ongoing security cooperation between Iraq and the United States.