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

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.


Lebanese lawmakers to defy naming of new PM

Updated 07 December 2019

Lebanese lawmakers to defy naming of new PM

  • Saad Hariri submitted the resignation of his government on Oct. 29 as a result of ongoing mass protests against corruption

BEIRUT: Three lawmakers and members of Lebanese President Michel Aoun’s parliamentary bloc will not abide by its decision to name a new prime minister on Monday. 

Meanwhile, activists in the civil movement are holding meetings to announce a general strike and the blocking of roads on Monday in protest over reports that the new government will not include technocrats.

Samir Al-Khatib is considered the most favored candidate after preliminary consultations conducted by Aoun with his allies prior to setting the date for binding parliamentary consultations to nominate a Sunni prime minister, as required by the Lebanese constitution.

Prime Minister Saad Hariri submitted the resignation of his government on Oct. 29 as a result of ongoing mass protests against corruption. He later said he would not agree to head a new government unless it consisted of technocrats.

Lawmaker Neemat Frem urged citizens to provide him with the name of their favorite candidate to head the new government, “for you are the primary source of authority, and it is my duty to convey your voice in the binding parliamentary consultations.”

Lawmaker Chamel Roukoz said he will not nominate anyone for the position of prime minister.

Lawmaker Michel Daher declared his intention to boycott the parliamentary consultations if Al-Khatib is the only candidate.

Aoun assured a delegation of British financial and investment institutions, and US bank Morgan Stanley, that binding parliamentary consultations will take place on Monday to form a new government, which will help Lebanon’s friends launch agreed-to development projects.

“The new government’s priority will be to address the economic and financial conditions as soon as it is formed,” he said.

HIGHLIGHT

Samir Al-Khatib is considered the most favored candidate after preliminary consultations conducted by Aoun with his allies prior to setting the date for binding parliamentary consultations to nominate a Sunni prime minister, as required by the Lebanese constitution.

On Friday, Hariri sent letters to the leaders of a number of countries with good relations with Lebanon. 

He asked them to help Lebanon secure credit to import goods from these countries, in order to ensure food security and availability of raw materials for production in various sectors.

His media office said the move “is part of his efforts to address the shortage of financial liquidity, and to secure procuring the basic import requirements for citizens.”

Among the leaders Hariri wrote to are Saudi Arabia’s King Salman; the presidents of France, Russia, Egypt and Turkey; the prime ministers of China and Italy; and the US secretary of state.

On Dec. 11, Paris is due to host a meeting of the International Support Group for Lebanon. Reuters quoted a European source as saying: “France has already sent invitations to attend the group meeting.”

Protesters continued their sit-ins in front of government institutions in Nabatieh, Zahle and Saida.

In Tripoli, protesters blocked the city’s main roads, which were eventually reopened by the army.

In Akkar, protesters raided public institutions and called for an “independent government that fights corruption, restores looted funds, and rescues the economic situation and living conditions from total collapse.”

Lebanese designer Robert Abi Nader canceled a fashion show that was due to be organized in Downtown Beirut, where protesters are gathering. 

Abi Nader said he intended through his show to express support for the protests by designing a special outfit called “the bride of the revolution,” and revenues were to be dedicated to families in need.