Yesterday, the Rt Hon Ben Wallace MP, Minister of State for Security at the Home Office, argued that terror laws need to be updated so foreign terrorist fighters returning from Islamic State can be brought to justice in the United Kingdom.
While there is no doubt that prosecution is necessary in holding perpetrators to account, it is fraught with complications.
There are several routes to prosecute Islamic State fighters, including the United Kingdom encouraging Iraq to become a party of the Rome Statute and allowing the International Criminal Court (ICC) to prosecute there, the establishment of a new ad-hoc tribunal for the purposes of Iraq or Syria, existing ICC investigations into events in Libya pursuant to the Security Council’s referral in 2011, and jurisdiction over attacks on the areas where Islamic State held territory. The United Kingdom has an important role to play in strengthening access to justice, collecting and preserving evidence, and upholding accountability through capacity building.
Read the full article in Forbes.