- On July 2, 2020
- Counterterrorism, Detention, International Law, Investigations
The highly-respected Lawfare Blog has published an analysis of a report by Eurojust’s Genocide Network concerning the prosecution of ISIS fighters, co-written by Lexpat’s Managing Director Adam Pearlman, and Arthur Traldi. Traldi, a recognized expert in international investigations and litigation, is a former war crimes prosecutor who served in both the International Criminal Tribunal for the Former Yugoslavia, and for Rwanda.
The report, titled “Cumulative Prosecution of Foreign Terrorist Fighters for Core International Crimes and Terrorism-Related Offenses,” proposes that European prosecutors should, when supported by the evidence, bring charges against alleged ISIS fighters for acts of terrorism and for atrocity crimes: war crimes, crimes against humanity, and, perhaps, genocide. Pearlman and Traldi agree that this approach will help to ensure accountability for the full scale of ISIS fighters’ crimes, and better provide justice to victims. They also note that Eurojust’s approach would mitigate some European countries’ political concerns related to repatriating their nationals still detained in Syria.
The article can be found here – https://www.lawfareblog.com/greater-sum-parts-cumulative-charging-islamic-state-fighters-domestic-trials.