The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria

With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and s...

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Main Author: Sophie Joubert
Format: Article
Language:deu
Published: European University Institute of Law 2022-09-01
Series:სამართალი და მსოფლიო
Subjects:
Online Access:https://lawandworld.ge/PDF/articlesPDF/Sophie_Joubert_v8i3.pdf
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author Sophie Joubert
author_facet Sophie Joubert
author_sort Sophie Joubert
collection DOAJ
description With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and security conditions. Even if France and Georgia are unambiguously reluctant to repatriate their nationals who have joined Daesh in order to try them on their territory, it is appropriate to ask whether this policy is consistent with international law. This article aims to provide a legal response to the political and security issues surrounding the repatriation and trial of French and Georgian nationals who have joined Daesh. Firstly, the legal dilemma of the trial of adults who joined Daesh will be studied in the light of international law and the domestic law of Iraq, France and Georgia, including the thorny issue of the application of the death penalty in Iraq and the recognition of crimes against humanity. Secondly, the legal possibility of repatriation of French and Georgian minors interned in camps in northern Syria will be analyzed.
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spelling doaj.art-799f3572048646378b6808e1358fd3252022-12-22T04:29:44ZdeuEuropean University Institute of Lawსამართალი და მსოფლიო2346-79162587-50432022-09-018383710.36475/8.3.1The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or SyriaSophie Joubert0Graduated from the Master of International Public Law of the Jean Moulin University and holds a Master of Environmental Law and Urban Planning from the Environmental Law Institute, Lyon (France)With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and security conditions. Even if France and Georgia are unambiguously reluctant to repatriate their nationals who have joined Daesh in order to try them on their territory, it is appropriate to ask whether this policy is consistent with international law. This article aims to provide a legal response to the political and security issues surrounding the repatriation and trial of French and Georgian nationals who have joined Daesh. Firstly, the legal dilemma of the trial of adults who joined Daesh will be studied in the light of international law and the domestic law of Iraq, France and Georgia, including the thorny issue of the application of the death penalty in Iraq and the recognition of crimes against humanity. Secondly, the legal possibility of repatriation of French and Georgian minors interned in camps in northern Syria will be analyzed.https://lawandworld.ge/PDF/articlesPDF/Sophie_Joubert_v8i3.pdfdaeshjudging terrorismiraqi justicechild in syria
spellingShingle Sophie Joubert
The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
სამართალი და მსოფლიო
daesh
judging terrorism
iraqi justice
child in syria
title The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
title_full The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
title_fullStr The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
title_full_unstemmed The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
title_short The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria
title_sort legal treatment problem of french and georgian nationals who joined the islamic in iraq and or syria
topic daesh
judging terrorism
iraqi justice
child in syria
url https://lawandworld.ge/PDF/articlesPDF/Sophie_Joubert_v8i3.pdf
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