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LCIL International Law Seminar Series

LCIL Friday Lecture: 'Judging ISIS Fighters Before Non-State Kurdish Courts in Syria: Is a Fair Trial Possible?'

47min2022 MAY 4
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Several hundred European ISIS fighters, reportedly including nine British men and fifteen British women, have been held without trial by Syrian Kurdish forces for several years. The UK, like many European governments, are reluctant to repatriate their nationals, and would prefer them to be tried “where the crimes were committed”, concretely meaning prosecutions before the courts of the unrecognised administration of the Kurdish enclave in North-East Syria. Would such trials be lawful under international and European human rights law? How are the requirements of a fair trial transformed when transposed to the courts of a non-state armed group? Does human rights law impose extraterritorial obligations upon the state of nationality of these foreign fighters?

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