1. Justice for the Victims: How Canada Should Manage Returning “Foreign Fighters”
- Author:
- Kyle Matthews
- Publication Date:
- 09-2018
- Content Type:
- Working Paper
- Institution:
- Canadian Global Affairs Institute (CGAI)
- Abstract:
- The U.S.-led international coalition has dislodged the Islamic State in Iraq and Syria (ISIS) from the cities it had occupied and controlled, namely Mosul and Raqqa. But while the group is weakened, it lives on and remains dangerous. Both the U.S. Department of Defense and the UN estimate that approximately 30,000 ISIS fighters remain in those countries. At the same time, a significant number of “foreign fighters” have fled Iraq and Syria. Numerous countries are struggling to find policy solutions with regards to managing the return of their nationals who had joined the group. The Canadian government has stated publicly that it favors taking a comprehensive approach of reintegrating returnees back into society. Very few foreign fighters who have returned to Canada have been prosecuted. Canada has both a moral and legal duty to seek justice and uphold the most basic human rights of vulnerable populations. ISIS and other jihadist groups engaged in systematic mass atrocities against minorities in Iraq and Syria, including Christians and Shiites. ISIS has demonstrated a particular disdain for the Yazidi minority in Iraq, and the Canadian government has recognized the group’s crimes against the Yazidis as genocide. As a State Party to the Rome Statute of the International Criminal Court and a signatory of the Convention on the Prevention and Punishment of the Crime of Genocide, Canada has a responsibility to uphold these international legal conventions when formulating carefully crafted policy responses that deal with returning foreign fighters. Canada should attempt to prosecute its nationals in domestic courts using the Crimes Against Humanity and War Crimes Act. Open trials can serve as means by which to lay bare ISIS’ narrative and to help counter violent extremism and future atrocities. They can also serve as a deterrent and warning to other Canadians who might try to join ISIS as it mutates and moves to other countries in the world, such as Libya, Afghanistan, Egypt, the Philippines, Pakistan, or heaven forbid, in Mali where Canadian peacekeepers have recently been deployed. If Canada truly stands for multiculturalism, pluralism, the rule of law, global justice, human rights, and the liberal international order, then we must stand firm and take a principled stand to prosecute those who have fought under the ISIS banner. That includes our own citizens.
- Topic:
- Crime, Human Rights, Terrorism, Islamic State, Justice, and Foreign Fighters
- Political Geography:
- Iraq, Middle East, Canada, Syria, North America, and United States of America