ISIS: Trial of British Citizens

Lord Alton of Liverpool Excerpts

Wednesday 28th February 2018 Lords Chamber

Asked by

[Lord Alton of Liverpool]

To ask Her Majesty’s Government whether they are taking measures to ensure that British ISIS members captured overseas are tried for crimes against humanity, war crimes and genocide; if so, what steps they are taking; whether those individuals will be tried in Britain; and where British citizens who have had their citizenship revoked will be tried.

[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, we are clear that there must be accountability for Daesh’s crimes in individual cases of Daesh members captured overseas. Foreign fighters should be brought to justice in accordance with legal due process, regardless of their nationality, where there is evidence that crimes have been committed. The decision on the appropriate process will depend on the individual circumstances.

[Lord Alton of Liverpool (CB)]

My Lords, I thank the Minister for that reply, but does the accountability that he has just referred to extend to support by the Government for the creation of a special regional tribunal to hold to account those responsible both within ISIS and in the regime in Syria for genocide, crimes against humanity and war crimes? Does he agree that execution without trial or the shipping of UK citizens to other national jurisdictions are no substitute for the prized rule of law and that the Nuremberg principles and the Geneva and Hague conventions will be rendered worthless unless those who have inflicted mass murder and appalling suffering are prosecuted and brought to justice? Does he also agree that a failure to do so will merely embolden others to believe that they can carry out atrocities with sheer impunity?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord will be aware that in September last year the United Kingdom Government, along with other members of the Security Council, drove the issue of Daesh accountability. I am sure we were very pleased to see the passing of Resolution 2379, which is focused on ensuring that, as peace prevails in Iraq, evidence is gathered and the perpetrators of these crimes are brought to justice, exactly as the noble Lord said. On his broader point about ensuring that justice is brought to bear on those who have committed crimes, I assure noble Lords that we expect everyone, including foreign fighters and those holding British nationality who are captured in either Iraq or Syria, to be treated in accordance with international humanitarian law. As the noble Lord will know, that includes ensuring that they have the correct legal representation by those who speak their language, among other conditions.