What Happened to the "Islamic State" Prisoners and Is There a Future for Them?

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On September 1st, Iraq announced the completion of its interrogation of more than 5,700 detainees related to the "Islamic State" after seven months of transferring the Central Command's leadership of these individuals from northeastern Syria following the collapse of their detention system there. This was seen as a signal to begin addressing the issue of those who had long awaited hearings in investigation and trial sessions. This process has now entered its second phase. Washington should treat it as an opportunity to work towards achieving a goal related to U.S. national security.

Who are these detainees after the defeat of the "Islamic State" in 2019? After its defeat, thousands of men, women, and children affiliated with the "State" were transferred to detention facilities in northeastern Syria, which were under the control and management of the U.S.-backed Syrian Democratic Forces. Women and children were held in the "Roj" and "Hol" camps, while ten thousand men and teenagers were held in other centers. Among them were about five thousand Syrians, three thousand Iraqis, and two thousand of various nationalities. While awaiting a temporary solution for these individuals, the aforementioned system continued for years, with thousands held without trial or legal resolution to their issues for years as well.

In January, after the situation escalated due to the current Syrian government's military campaign against the Assad regime, Baghdad requested Washington to facilitate the transfer of about 5,700 detained men to Iraq (3,497 Syrians, 470 Iraqis, 710 from other Arab nationalities, and 980 from foreign nationalities). The motivation behind this was the fear that Damascus would not be able to handle this file and the fear of the release or escape of these individuals.

How did Iraq handle this issue? The "Iraqi National Center for Judicial Handling" stated in January, which was leading the interrogations and investigations: "All suspects, regardless of their nationalities and ranks within the terrorist organization, are fully subject to the authority of the Iraqi judiciary. We will apply our judicial procedures to them without exception." Prosecution will be based on the "Anti-Terrorism Law No. 13" of 2005, which allows courts to issue death sentences for those suspected of committing criminal acts. It is worth noting that the application of the death penalty contradicts the laws of a considerable number of detainees.

Despite many objections and provocations, investigations continued and resulted in the release of some individuals. In March, two minors from Finland and the United States were released after there was no evidence of their affiliation with the "Islamic State." Sentences were issued in other cases related to the detention of minors. Last September, Iraq announced that there was no need to continue holding 457 individuals due to insufficient evidence and that it was preparing to return them to their countries. At the same time, 7 Iraqis were released. Iraq has sought the assistance of international experts in this type of crime. It worked between 2017 and 2024 with UNITAD, which is responsible for collecting and analyzing evidence of Islamic State crimes in Iraq. Before closing the investigation in 2024, Baghdad requested this body to share its information. Recently, Iraq signed a work agreement with the European Agency for Criminal Justice Cooperation, EUROJUST, to exchange information with it.

Are there political considerations in this case that prompted Washington, according to an important American researcher, to label "Islamic State" prisoners as "the largest gathering of terrorists held in the world"? This has made resolving their cases a priority for various administrations. With citizens detained from 61 countries, resolving these cases is not easy, as the goal is to prevent those released from returning to the battlefield. Washington must use its influence with member states of the "military coalition" to affirm and solidify the aforementioned goal when taking further steps, the most prominent of which are the following:

1 - Pressuring to deport detainees for whom evidence of involvement in the "Islamic State" is insufficient. The United States considers this the only solution. Iraq cannot solve this problem alone, even though it is shouldering its responsibilities alone. To support Baghdad, Washington must continue to pressure coalition partners to resettle these citizens in their home countries. The priority should be for those for whom the allies have not found serious and solid reasons for their continued detention.

2 - Continuing to engage in multi-party trials. Iraq's announcement that detainees will be subject to its judicial system elicited mixed reactions. Some countries wanted to repatriate their citizens, while others left the responsibility to Baghdad. A week or two ago, Iraq announced that cases of detained foreigners would be handled individually and on a reciprocal basis. This allows for trials or the execution of sentences in their home countries. This would alleviate pressure on the judicial system in Iraq and its prisons. Turkey has begun to repatriate its detainees. However, there is still a need to ensure that serious investigations will be conducted.

3- The effectiveness of U.S. relations with Damascus and Baghdad to strengthen cooperation. Coordination between these two partners is important given their shared experiences with the "Islamic State" and its violence, as well as the large number of detained Syrians who have been transferred to Iraq. The two countries agreed last month to commission a committee to discuss the situation of these individuals. Washington should use its relationship with both countries to support this process. Damascus must demonstrate, through words and actions, that it will seriously pursue and prosecute detained Syrians accused of joining the "Islamic State" before considering any return to their families and regions.

4- Establishing a serious and sustainable framework for the remaining detainees. The Pentagon has supported the transfer of detainees from Syria, and this should continue based on existing agreements. The United States should utilize the coalition network of 90 countries to assist Baghdad in establishing a solid and serious framework for the remaining detainees, as investigations and trials may take years. It is worth noting that some countries may decide not to enter into bilateral agreements with Iraq. The framework should include financial commitments over the years from allied partners, technical assistance, and actual participation.