The migration crisis since 2015 is supported by the narrative that people have to taken in because they are fleeing the jihadists.
President Trump has now called on Britain, France, Germany and other European allies to take back and sentence IS fighters or jihadists who have been captured in Syria.
Thus the states of Europe and the Middle East find themselves in a reversed roles.
Instead of being a middle-eastern citizen in Europe, European citizen are now in the Middle East.
[1]
According to the UN more than 40,000 people from 110 countries have joined IS in Iraq and Syria by 2017 of after its peak. The number is decreasing at least since 2017. In addition some of the members moved to other regions such as Libya, Yemen and Afghanistan. Other members have committed terrorist attacks in the states of Europe. [4] The territorial losses have forced the IS to give up a caliphate but it remains for them as a goal. The UN estimates that although IS has lost nearly all areas by February 2019 it still has between 14,000 and 18,000 active fighters. Of these, about 3,000 are from abroad. In addition, there are about 1,000 prisoners in Iraq and 1,500 prisoners in Syria. [5]
The the domestic intelligence service (Bundesamts für Verfassungsschutz/Federal Office for the Protection of the Constitution) regularly warns that returnees pose a direct danger and an indirect danger by recruiting other persons. A radicalization also takes place in the closer vicinity, is strengthened in the family circle and this dynamic can be accelerated by returnees. Returnees could even become role models because of their experiences and lead to a greater proportion of like-minded people in the next generation. [6] [7] [8]
In order to legally convict returnees an arrest warrant is required. This requires in addition to an urgent suspicion of the offense a reason for a detention such as a risk of fleeing. The decisive factor is whether the investigators can provide enough evidence such as a video with a confession. But obtaining the evidence from Syria is likely to fail because the federal government is boycotting the Syrian government. If an arrest warrant is issued, returnees can be monitored by the police if they are classified as potential criminals. However such round-the-clock monitoring requires a massive workforce in Germany around 30 police officers per person. [9] [10]
First it could fail to convict people in the courts of the european states. Even if as suggested by the Kurds in northern Syria a special tribunal is established as it did after the wars in former Yugoslavia chances are rather bad. It is unlikely that all statements of the Kurds in northern Syria are legally usable. Trials can fail if it is alleged that confessions have been obtained under torture or if witnesses can not be questioned because they are in Syria or can't be found at all. In addition most European countries do not cooperate with the Syrian government. [11]
The revocation of citizenship can even support this under certain conditions. If jihadists are deprived of the citizenship of European states and they are not or no longer in captivity, then they can simply try to enter the States of Europe again. They can then simply apply for asylum. And as there are still ways to apply for asylum without passports in the states of Europe jihadists could remain unpunished.
The alternative would be to hand over the prisoners to the Syrian government and to potentially cooperate with it. The Syrian government is definitely interested to fight against these jihadists. The Syrian government is just finishing a war against them. By contrast several european and NATO states have a questionable relationship with these jihadists and not only since Anis Amri. If the states of Europe continue to boycott the Syrian government in order to cooperate with them in convicting the prisoners, they will enforce the impunity of the prisoners.
[1] Donald J. Trump: The United States is asking Britain, France, Germany and other European allies to take back over 800 ISIS fighters that we captured in Syria and put them on trial. The Caliphate is ready to fall. The alternative is not a good one in that we will be forced to release them........ 2019-02-17
https://twitter.com/realDonaldTrump/status/1096980408401625088
[2] Inhaftierte IS-Kämpfer - Behörden arbeiten an Haftbefehlen 2019-02-18
http://www.tagesschau.de/inland/bundesregierung-is-kaempfer-strafverfolgung-101.html
[3] IS-Rückkehrer - Aussitzen, abwarten, prüfen 2019-02-27
https://www.tagesschau.de/ausland/is-rueckkehrer-103.html
[4] Greater Cooperation Needed to Tackle Danger Posed by Returning Foreign Fighters, Head of Counter?Terrorism Office Tells Security Council 2017-11-28
https://www.un.org/press/en/2017/sc13097.doc.htm
[5] Eighth report of the Secretary-General on the threat posed by ISIL (Da’esh) to international peace and security and the range of United Nations efforts in support of Member States in countering the threat 2019-02-01
https://undocs.org/en/S/2019/103?fbclid=IwAR0ayKCwoRG0J8xLpiiDNjBZNsKNix0-ucq8yr2xLOTp2z6osrFG1cPoG18
[6] Neue Jihad-Generation? Dynamiken in der jihadistischen Sozialisation in Deutschland 2018 April
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2018-04-neue-jihad-generation
[7] Jihadistische Sozialisation – Was passiert in jihadistischen Familien in Deutschland? 2018 Juni
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2018-06-jihadistische-sozialisation?pk_campaign=tw&pk_kwd=15899
[8] Neues Onlinemagazin bietet Plattform für Unterstützer des „Islamischen Staates“ (IS) 2019 Januar
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2019-01-neues-onlinemagazin-bietet-plattform-fuer-unterstuetzer-des-is
[9] Deutsche IS-Kämpfer in Syrien - Wie würden Rückholungen ablaufen? 2019-02-18
https://www.tagesschau.de/inland/is-rueckholung-rechtslage-101.html
[10] Deutsche IS-Kämpfer in kurdischer Haft - Pass weg, Problem weg? 2019-02-19
http://www.taz.de/Deutsche-IS-Kaempfer-in-kurdischer-Haft/!5571165/
[11] Syria: SDF calls for help with 'time bomb' ISIL fighters 2019-02-18
https://www.aljazeera.com/news/2019/02/syria-sdf-call-time-bomb-isil-fighters-190218141637403.html
According to the Kurds in northern Syria the prisoners have become a burden. The prisoners have to be guarded and provided with food and medicines. That is why the Kurds in northern Syria also demand that the states of Europe take the prisoners back and bring them to justice in their home countries. [2] [3]The United States is asking Britain, France, Germany and other European allies to take back over 800 IS fighters that we captured in Syria and put them on trial. The Caliphate is ready to fall. The alternative is not a good one in that we will be forced to release them........
— Donald J. Trump (@realDonaldTrump) February 17, 2019
According to the UN more than 40,000 people from 110 countries have joined IS in Iraq and Syria by 2017 of after its peak. The number is decreasing at least since 2017. In addition some of the members moved to other regions such as Libya, Yemen and Afghanistan. Other members have committed terrorist attacks in the states of Europe. [4] The territorial losses have forced the IS to give up a caliphate but it remains for them as a goal. The UN estimates that although IS has lost nearly all areas by February 2019 it still has between 14,000 and 18,000 active fighters. Of these, about 3,000 are from abroad. In addition, there are about 1,000 prisoners in Iraq and 1,500 prisoners in Syria. [5]
The the domestic intelligence service (Bundesamts für Verfassungsschutz/Federal Office for the Protection of the Constitution) regularly warns that returnees pose a direct danger and an indirect danger by recruiting other persons. A radicalization also takes place in the closer vicinity, is strengthened in the family circle and this dynamic can be accelerated by returnees. Returnees could even become role models because of their experiences and lead to a greater proportion of like-minded people in the next generation. [6] [7] [8]
In order to legally convict returnees an arrest warrant is required. This requires in addition to an urgent suspicion of the offense a reason for a detention such as a risk of fleeing. The decisive factor is whether the investigators can provide enough evidence such as a video with a confession. But obtaining the evidence from Syria is likely to fail because the federal government is boycotting the Syrian government. If an arrest warrant is issued, returnees can be monitored by the police if they are classified as potential criminals. However such round-the-clock monitoring requires a massive workforce in Germany around 30 police officers per person. [9] [10]
First it could fail to convict people in the courts of the european states. Even if as suggested by the Kurds in northern Syria a special tribunal is established as it did after the wars in former Yugoslavia chances are rather bad. It is unlikely that all statements of the Kurds in northern Syria are legally usable. Trials can fail if it is alleged that confessions have been obtained under torture or if witnesses can not be questioned because they are in Syria or can't be found at all. In addition most European countries do not cooperate with the Syrian government. [11]
The revocation of citizenship can even support this under certain conditions. If jihadists are deprived of the citizenship of European states and they are not or no longer in captivity, then they can simply try to enter the States of Europe again. They can then simply apply for asylum. And as there are still ways to apply for asylum without passports in the states of Europe jihadists could remain unpunished.
The alternative would be to hand over the prisoners to the Syrian government and to potentially cooperate with it. The Syrian government is definitely interested to fight against these jihadists. The Syrian government is just finishing a war against them. By contrast several european and NATO states have a questionable relationship with these jihadists and not only since Anis Amri. If the states of Europe continue to boycott the Syrian government in order to cooperate with them in convicting the prisoners, they will enforce the impunity of the prisoners.
[1] Donald J. Trump: The United States is asking Britain, France, Germany and other European allies to take back over 800 ISIS fighters that we captured in Syria and put them on trial. The Caliphate is ready to fall. The alternative is not a good one in that we will be forced to release them........ 2019-02-17
https://twitter.com/realDonaldTrump/status/1096980408401625088
[2] Inhaftierte IS-Kämpfer - Behörden arbeiten an Haftbefehlen 2019-02-18
http://www.tagesschau.de/inland/bundesregierung-is-kaempfer-strafverfolgung-101.html
[3] IS-Rückkehrer - Aussitzen, abwarten, prüfen 2019-02-27
https://www.tagesschau.de/ausland/is-rueckkehrer-103.html
[4] Greater Cooperation Needed to Tackle Danger Posed by Returning Foreign Fighters, Head of Counter?Terrorism Office Tells Security Council 2017-11-28
https://www.un.org/press/en/2017/sc13097.doc.htm
[5] Eighth report of the Secretary-General on the threat posed by ISIL (Da’esh) to international peace and security and the range of United Nations efforts in support of Member States in countering the threat 2019-02-01
https://undocs.org/en/S/2019/103?fbclid=IwAR0ayKCwoRG0J8xLpiiDNjBZNsKNix0-ucq8yr2xLOTp2z6osrFG1cPoG18
[6] Neue Jihad-Generation? Dynamiken in der jihadistischen Sozialisation in Deutschland 2018 April
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2018-04-neue-jihad-generation
[7] Jihadistische Sozialisation – Was passiert in jihadistischen Familien in Deutschland? 2018 Juni
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2018-06-jihadistische-sozialisation?pk_campaign=tw&pk_kwd=15899
[8] Neues Onlinemagazin bietet Plattform für Unterstützer des „Islamischen Staates“ (IS) 2019 Januar
https://www.verfassungsschutz.de/de/aktuelles/schlaglicht/schlaglicht-2019-01-neues-onlinemagazin-bietet-plattform-fuer-unterstuetzer-des-is
[9] Deutsche IS-Kämpfer in Syrien - Wie würden Rückholungen ablaufen? 2019-02-18
https://www.tagesschau.de/inland/is-rueckholung-rechtslage-101.html
[10] Deutsche IS-Kämpfer in kurdischer Haft - Pass weg, Problem weg? 2019-02-19
http://www.taz.de/Deutsche-IS-Kaempfer-in-kurdischer-Haft/!5571165/
[11] Syria: SDF calls for help with 'time bomb' ISIL fighters 2019-02-18
https://www.aljazeera.com/news/2019/02/syria-sdf-call-time-bomb-isil-fighters-190218141637403.html