Daesh fighters must not escape British justice – JCHR report warns

Daesh is a non-state terrorist organisation that emerged in Iraq in the early 2000s. Its campaigns of terror, murder and rape targeted religious groups, including the Yazidis, with the aim of destroying their identities. It is estimated that 5,000 Yazidis were killed and more than 200,000 displaced from their homes. 2,700 women and children were abducted and remain missing. The UK Government has formally recognised that Daesh committed acts of genocide. 

An estimated 425 Daesh fighters have returned to the UK but none have been successfully prosecuted for the international crimes they committed in Syria and Iraq. The Joint Committee on Human Rights calls for a change in the UK's approach to ensure that the perpetrators of genocide are brought to justice.  

The Joint Committee calls on the Government to develop a coherent framework to ensure that the UK's investigating and prosecuting bodies, including the Crown Prosecution Service and the police, are better coordinated in evidence gathering and carrying out investigations. 

The Government should step up efforts to identify British nationals currently held in camps in Syria. Where there is sufficient evidence that international crimes were committed, they should be prosecuted. 

Conditions in the camps are a serious concern with reports of threats of violence and poor access to food or medical assistance. The Joint Committee calls on the Government to make every effort to repatriate children and minors where feasible as soon as possible. 

In some circumstances, British nationals allegedly linked to Daesh have been stripped of their citizenship. The Joint Committee calls for greater transparency and greater oversight in how the power is used, including periodic independent reviews.  

Under the International Criminal Court Act 2001, UK courts can only prosecute crimes of genocide, crimes against humanity or war crimes where they have been committed by British nationals or residents. The Joint Committee has called for a change to the law to abolish these restrictions. It has proposed amendments to the Crime and Policing Bill, currently being debated by Parliament. 

Chair of the Joint Committee on Human Rights, Lord David Alton said: 

“This is not something the UK can simply wash its hands of because it happened overseas. We know that British nationals committed the most horrendous crimes in Iraq and Syria under the Daesh regime and we have a duty to see them brought to justice. To date, no Daesh fighters have been successfully prosecuted for international crimes in the UK and we find this unacceptable. 

“We want to see more action from the Government in identifying the perpetrators, some of whom may have returned to Britain, others likely detained in camps in Syria. This will require better coordination from law enforcement and criminal justice, and also the removal of barriers preventing some prosecutions. 

“We would also urge the Government to recognise the deplorable conditions that children with British citizenship are being held in Syria. It is in the UK's interest to ensure they do not become a new generation of the radicalised and they must be brought home.”