The Netherlands wants to explore with other EU countries whether cooperation with the Kurds can be established in the prosecution of European IS jihad fighters. Dutch Minister Stef Blok (Foreign Affairs) does not rule out legal cooperation beforehand. The Kurds in northern Syria have been holding thousands of ‘foreign’ IS fighters captive for almost two years.
Minister Blok wants to investigate whether there are possibilities for IS fighters to be tried by the Kurdish authorities. He said this in response to an announcement by the Kurds yesterday, stating that they will take charge of the prosecution themselves. The Kurds have repeatedly asked European countries to take back ‘their’ IS fighters and prosecute them for their war crimes. But most EU countries do not want to take in these ‘dangerous jihadist terrorists.’
In Kurdish detention centers in northern Syria, more than 2,000 foreigners are imprisoned who are suspected of IS membership. Since the fall of the caliphate, the Syrian Kurds have been holding thousands of IS suspects, including many women and children. According to the Dutch intelligence service, there are 55 Dutch nationals in Kurdish camps, of whom one quarter are women.
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The Kurds are disappointed that Western countries do not repatriate Syria fighters and that there is no international tribunal to prosecute the jihadists. This is why the Kurds announced on Friday their plan to proceed with prosecution themselves in March through a new special tribunal.
So far, the Kurds have only tried Syrian and Iraqi fighters. They did not want to prosecute foreigners because they lack both the mandate and the resources. Until now, the Dutch government has maintained that prosecution by the Kurds is impossible because the Kurds do not govern an autonomous country and the Netherlands does not maintain official relations with them.
According to the Dutch minister, it remains an obstacle that the Kurds do not have the necessary legislation and judiciary. Therefore, Blok wants to align efforts with other European countries seeking a way to try the Syria fighters. This could include lending jurists and experts or co-financing trial costs.
The Netherlands prefers to bring the IS fighters before an international tribunal. This could be a new international UN court or assigned to the International Court of Justice in The Hague. A second option is prosecution in Iraq, provided a fair trial can be guaranteed there and the death penalty is not applied.
So far, neither of these options has materialized. According to Blok, even a procedure organized by the Kurds — not in Iraq but in Syria — raises questions about fair and impartial prosecution. The Dutch minister wants to inquire with the Kurds how such a tribunal would work in practice. The Netherlands will also demand legal guarantees.