[Foreign Policy] How to deal with locally-caught jihadists 2019-03-04

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 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]

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. [4]

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.

Even though Sunni Islam provides a fertile ground for religiously motivated violence there is more that explains the Syria war. Several states in Europe and NATO have pushed ahead with the Syria war through the project The Day After of the Foundation for Science and Politics (Stiftung Wissenschaft und Politik/SWP) and Operation Timber Sycamore. The SWP in Berlin is a foundation that advises the German Bundestag, the Federal Government and political decision-makers in Germany on questions of foreign and security policy. The SWP was founded on January 21, 1965 by the Bundestag and is funded by the Federal Government. The project The Day After is a strategy paper written by the SWP that provides a blueprint for the change of government in Syria. Operation Timber Sycamore was a covert operation to support rebels in Syria by the US, Saudi Arabian and Qatar governments. By it weapons, money and education were provided. [5] [6] [7]

However if the Syrian government judges these prisoners then this questionable relationship could be exposed. The Syrian government has direct access to evidence and witnesses from the Syrian war and the will to fight and convict these jihadists. The words of President Trump are overshadowed by the previous US policy and unclear. Either the Jihadists should finally be convicted or allowed to enter although or because they could get away with impunity.

[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] 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
[11] The Day After. Supporting a Democratic Transition in Syria 2012-08-28
https://www.swp-berlin.org/en/publication/the-day-after-democratic-transition-in-syria/
[12] US-Waffenlieferungen - Heikle Fracht aus Ramstein 2017-09-12
https://www.sueddeutsche.de/politik/us-waffenlieferungen-heikle-fracht-aus-ramstein-1.3663289
[13] The Pentagon's 2.2 Billion Soviet Arms Pipeline Flooding Syria 2017-09-12
http://www.balkaninsight.com/en/article/the-pentagon-s-2-2-billion-soviet-arms-pipeline-flooding-syria-09-12-2017