After the Syrian Democratic Forces liberated the town of al-Bagouz from Daesh mercenaries in March 21, the Autonomous Administration of northern and eastern Syria in March 25 called on the international community to attach importance to the formation of an international tribunal to prosecute Daesh mercenaries, held detainees in northern and eastern Syria.
According to the Autonomous Administration of north and east Syria, there are more than 6,000 mercenaries, more than 1,000 foreigners from 50 European and Asian countries, but the international community has not taken serious steps on the demands of the Autonomous Administration to prosecute them through an international tribunal in the north and east of Syria, where Daesh mercenaries committed massacres and all inhuman practices against their peoples.
As a legal right under international law, the General Council for Social Justice in the north and east of Syria initiated a committee to study how to prosecute mercenaries in northern Syria in a fair manner in accordance with international laws and human rights covenants.
The committee, which is affiliated to the General Social Justice Council in the north and east of Syria, consists of seven jurists, and the committee has begun to act in accordance with due process.
Lawyer Mahmoud Khalo, a member of the committee, said: "The crimes committed by Daesh mercenaries violate all international and humanitarian laws."
"As soon as a military coup on the ground, we moved on the legal side to prosecute mercenaries," Khalo said. "There are huge numbers of mercenaries being held at the Autonomous Administration's prisons and they have to be tried, because these mercenaries committed horrendous crimes against humanity."
"We have seen it necessary to set up a committee to discuss and rectify some legal issues to prosecute Daesh in northern Syria, review the laws issued in 2014, rectify the rules of punishment and laws, how to prosecute mercenaries, and define the format and system of the court," Khalo said.
Two courts should be formed in one court
According to lawyer Mahmoud Khalo, two courts should be set up within a single court, the Court of Cassation and the Court of Appeal. "The two tribunals are necessary and we are waiting to be legally approved by the General Social Justice Council in northern and eastern Syria," he said.
On the discussions on the trial of mercenaries, he stressed that there is no extensive debate on legal assets and that they are compatible with international laws. He stressed the need to set up as soon as possible because mercenaries pose a danger not only to the north and east of Syria, but to the world as a whole, and insisted that it be an international court be established and according to legal principles.
A joint international tribunal could be established with the States of the International Coalition
"Of course, if a court is established, there will be many obstacles in the legal field. There must be consensus by the United Nations, and this requires recognition of the Autonomous Administration." he said.
"There is a great effort by us to establish such a court and we can establish a joint court to prosecute mercenaries," he said. "In cooperation with countries that are part of the International Coalition to fight terrorism, they can help build a joint court but it will not be enough."
On the reasons for its inadequacy, he said: "If we tried a Russian mercenary for 10 years and after the end of his term of imprisonment, will his state ensure that he returns to his country?" "Therefore, we stress that an international court, or a state that has citizens in the ranks of Daesh and detainees at the Autonomous Administration's, should decide to retrieve its citizens after the end of their sentences," he said.
Talks with external parties about suing
Lawyer Mahmud Khalo said that the committee formed to prosecute mercenaries had held several talks and meetings with many parties abroad on legal issues. "The talks were positive and are still going on," he said.
"There are some countries that have received a number of their nationals who were in the ranks of Daesh, but this is not a solution because they have committed crimes against the region and they must be tried to receive their punishment for the crimes they committed," said lawyer Mahmoud Khalo.
"The components in northern and eastern Syria have been displaced, killed and slaughtered by Daesh mercenaries," he said. "Should the people of northern and eastern Syria go to Kazakhstan and Russia to sue mercenaries?"
Kalo stressed the need to expedite the trial of mercenaries because the region is under constant threat and any danger to the region will be directly reflected on the world. He said: "There are thousands of detainees in the Autonomous Administration, as time bombs will explode in the event of any war within the region."