Title: #ISIS# Violations in North and East Syria: Legal Classification and Specialized Courts
(Part Two)
Publisher: Al-Furat Center for Studies
Release date: 2024

In the post-defeat phase of ISIS’s military presence, there arises an urgent need to address its legacy in the North and East Syria region. This legacy is manifest in the form of sleeper cells, women and children in camps and shelters and, particularly, former fighters held in detention centers. These individuals, estimated to number in the thousands, committed heinous crimes against the Syrian people, especially targeting ethnic, religious, and racial minorities in North and East Syria. The violations and atrocities perpetrated by this terrorist organization could be classified as crimes against humanity, war crimes, and even genocide.

Examining possible judicial mechanisms to hold ISIS criminals accountable is of significant importance, especially as the international community, represented by the United Nations Security Council, fails to take serious and effective responsibility in preserving international peace and security by addressing or resolving ISIS’s legacy. This inaction has prompted the Autonomous Administration of North and East Syria to make the decision to prosecute ISIS criminals in its own courts, under its own laws, and based on its responsibilities.

The issue of prosecuting perpetrators of war crimes, crimes against humanity, and genocide holds particular importance in preventing serious violators from evading accountability and punishment for the most egregious international crimes—an essential principle of international law.[3] Moreover, it is crucial to achieve justice for victims and to dismantle a significant and dangerous part of ISIS’s legacy in North and East Syria: the issue of detained members since ISIS’s military defeat in March 2019. Additionally, the historical importance of such trials for major criminals lies in their potential contribution to the advancement of international criminal law. [1]