The Netherlands and the prosecution and trial of Islamic State suspects in Rojava

Abstract

After the military defeat of the Islamic State (IS) in Syria and Iraq, the challenge of dealing with foreign IS fighters emerged, with many of them being held in detention facilities under the jurisdiction of the Autonomous Administration in North and East Syria. Yet, indecisiveness and unwillingness of the anti-IS collation to establish a mechanism for the actual prosecuting and trying of IS suspects has raised significant concerns, as it could potentially lead to the re-emergence of the organization. This article delves into the Netherlands' efforts to explore potential collaborations with the Autonomous Administration in North and East Syria for prosecuting and trying IS suspects. The data for this article was obtained through a Freedom of Information Act (Wet Openbaar Bestuur, WOB) request. The documents, spanning from 2018 to 2021, reveal that more than just international law, political considerations played a significant role in hindering the implementation of cooperation with the authorities in the Autonomous Administration in North and East Syria.