The fate of foreign fighters has become a thorny issue amid US preparations to withdraw from Syria most of its troops. Even though the Syrian Democratic Forces (SDF) have officially denied it, they are apparently handing over dozens of captured Islamic State fighters and their family members from the IS-held village of Baghouz, the last besieged stronghold, to Iraqi security forces. They include European nationals as well as citizens from Arab states and former Soviet republics. The Kurds, who risk losing the current external backing and protection, are reportedly discussing the option of releasing 1,100 militants and 2,080 relatives of the group’s members. The move may be a bargaining chip with the United States or other parties whose nationals are among the seized group of terrorists. Moreover, if the Kurds manage to secure Damascus’ cooperation on the issue, the matter may take on a new dimension. The Syrian special services are unlikely to miss the chance to compel the security forces of other states to establish contacts.

In turn, Iraq’s president has already mentioned 13 fighters of French origin who would be tried in a local court. Moreover, there are unconfirmed reports that the SDF has also handed over two French-born fighters to the Syrian regime.

In the meantime, the Iraqi legal system has been subject to severe criticism. Human rights organizations have reported hasty court proceedings and scant evidence provided. Sometimes only rumors have corroborated the accusations, which creates tension in the already fragmented Iraqi society and may trigger another Sunni insurgency. The first public report on the transfer of eight fighters to Lebanese Military Intelligence by the United States in August 2018 has also sparked many questions since the detainees were transferred in total secrecy without basic legal protections.

The European Union was sceptical about US President Donald Trump’s ultimatum to its allies from the international coalition about taking nationals who have joined the IS ranks back from Syria. European leaders have favored the idea of putting jihadis on trial, but insist on holding criminal proceedings in the countries where the crimes have been committed. Heiko Maas, Germany’s chief diplomat, told Trump that repatriation would be possible only if returning fighters could be immediately taken into custody, which would be “extremely difficult to achieve” without proper judicial information.