, 19 tweets, 13 min read Read on Twitter
1-The #United_States, is blocking a motion for the creation of an international court to try Islamic State members (#Isis) for crimes against humanity.
.2/ Prosecutor from #Paris Rémy Heitz, Peter Germanos military prosecutor of #Lebanon, as well as criminal lawyer Philip Arnel of the #UnitedStates, were among the names proposed to lead the international court. Sources.
.3/ Currently between 2000-to 5000 #Isis members & fighters from #Syria, #Iraq & other countries are now in the custody of the #US-backed #SDF, following the capture of the last #Isis territory on March 23.
.4/ A military victory over the caliphate however, does not actually mean a definitive end of #Isis or its ideology. The group continues to expanded in #Nigeria, #Libya, #Somalia & the #Philippines & the presence of Isis fighters remain a threat to neighbouring countries.
.5/ The #SDF has called for a special international tribunal to be held in #NnorthernSyria, to prosecute the terrorists.
.6/ But #NorthernSyria cannot be an option, given that:
a-Syria's #Kurdish authorities are not internationally recognised,
b-setting up such a tribunal usually takes time
c- ensuring witness protection is difficult in a war-torn country.
So, another option should be sought.
.7/ Under the Statute of Rome, which established the Int’l Criminal Court (ICC),both #Iraq & #Syria have 1st entitlement 2prosecute #ISIS members.The #ICC only intervenes if a country can’t or won’t hold to account perpetrators of war crimes, genocide, or crimes against humanity.
.8/ However, both #Iraq & #Syria are not parties to the Statute of #Rome & there are complicated implications to each agreeing to the ICC being held in their respective countries.
.9/ The #Belgium government has suggested setting up an international tribunal along the lines of the one that was established to prosecute war crimes & crimes against humanity committed during the #Balkan wars of the 1990s. #Sweden has made a similar suggestion.
.10/ The majority of international states have refused to repatriate their own citizens, & have refused to accede to #SDF pleas to repatriate them, concerned over the potential security risks they may pose as well as the challenges of gathering evidence to support prosecutions.
.11/ The argument that prosecutors in national jurisdictions face evidentiary challenges or the ability to gather any substantial evidence in #Iraq & #Syria, will most likely lead to convictions for lesser terror-related offences, light sentences, & worryingly early releases.
.12/ Countries refusing to at least repatriate their citizens, are in effect, avoiding their responsibility & in breach of their legal obligations.
.13/ The #UK, in particular, has even stripped its nationals of citizenship, turning them stateless, in what seems to be a bid to formally relinquish both its repatriation & prosecution responsibilities.
.14/ The prosecutors #Heitz, #Arnel & #Germanos, strongly believe that #Isis members who have committed heinous crimes, including mass rapes, kidnappings & murder, should be tried in public & brought to justice as a deterrence for future wannabes.
.15/ In #Lebanon, nearly 1000 #Isis & #AQ_Nusra members, affiliates & sleeping cells have been imprisoned over the last years, in what is known as the Islamic block in #Roumieh prison, where local sheikhs enforce the rules of Islam with an iron fist.
.16/ #Lebanon’s prosecutors, are in the process of trying these Isis prisoner, but warn that unless an international consensus is taken to create a mechanism to deal with the other Isis prisoners, Lebanon & others will remain at risk of infiltrations from neighbouring countries.
.17/ Already some #Lebanese & #Jordanian wives married to #Isis fighters in #Syria have been sent back to #Lebanon & #Jordan with their children. They arrive with no paperwork to prove their background or those of their children. Both countries are bracing themselves for more.
.18/ Both #Lebanon & #Jordan are also concerned, & rightly so, about being used as a dumping ground for unwanted #Isis members, families or affiliates.
.1a/ To be more precise, I should have described it as a proposal rather than an motion.
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