The Easter Sunday atrocities in Sri Lanka have not only brought horror to the island’s tiny, impoverished Christian community and threatened an end to the country’s decade of unsteady peace. They’ve also struck fear in the governments and security agencies of many countries, including Canada, which have been struggling to deal with a steady trickle of their citizens seeking to return home from Syria and Iraq.
We don’t know whether reports are true that two or more of the Sri Lankan terrorists had gone to Syria to fight with the terrorist army that calls itself Islamic State (also known as ISIS, ISIL and Daesh), and returned after that organization’s self-proclaimed caliphate was crushed and defeated last year. It is clear, however, that the attacks are linked to a desire among some of that organization’s former fighters to bring revenge to their own countries.
There are currently several hundred European, U.S. and Canadian alleged IS fighters being held in northern Syria by the Kurdish-led Syrian Democratic Forces (the number of Canadians may be as low as 10). Whether they should be returned to their home countries is the subject of an intense international debate.
Some have suggested stripping them of their citizenship – which was a legal option, rarely if ever applied, under Stephen Harper’s Conservative government – thus making them the responsibility of some other country. Others wonder why we should be responsible for investigating and trying Canadians who allegedly have committed grave crimes abroad; in other circumstances, they’d be tried and sentenced in the place where their crimes took place.
But they are, ultimately, our problem. They aren’t foreign – almost all the Canadians accused are Canadian citizens born here to Canadian families, and their radicalization took place here, in the dark corners of Canadian society. To attempt to dump them on another country, or on a poor and struggling Kurdish-led Syrian democracy movement that has already been betrayed by Canada and its allies, would be both immoral and dangerous.
There are good reasons why nobody is eager to see them returned. The probability of any returned foreign fighter committing violence is low – a 2015 study found that only 0.2 per cent of returned fighters, or one in 500, had been charged with terrorism offences. The return of IS fighters has not produced the wave of attacks that many had anticipated. But the few who do maintain their violent commitments are noted, in the words of a study published last year by the United Nations Security Council, for their “increased lethality, both as attackers and as attack planners,” making them responsible for “some of the most lethal terrorist attacks."
But the flaw in the citizenship-stripping approach becomes apparent when you take a close look at those who have dual citizenship, and would therefore be eligible.
Typical of them is Syrian detainee Jack Letts, who holds both Canadian and British citizenship. Neither Canada nor Britain wants him back. Political leaders in both countries have suggested revoking his citizenship – and thus dumping his case, and the considerable security and justice costs associated with his case, on the other country.
As a result, he waits in Syria. If he is guilty of atrocities or war crimes – and simply being a member of IS could qualify as one – neither country is willing to expend the investigative and judicial resources to prove it and bring him to justice. If he is innocent, as he claims, neither country is willing to try to clear him.
The Kurds have made it clear that they do not want hundreds of people such as him on their hands. Ilham Ahmed, a leader of the Kurdish-led SDF, says it is straining their resources just to hold people such as him. “We have provided the support we can by arresting them and detaining them in prisons, but who is going to take them to court?” she told the Financial Times. “Who is going to [be] carrying out the prosecution?”
Another horrific news story this month illustrated the risk of not taking these people back. Germany is currently trying a 27-year-old woman from Lower Saxony known as Jennifer W. for allegations that she, as an IS “morality policewoman” in Syria, tortured a 5-year-old Yazidi slave girl to death. Prosecutors consider themselves lucky to have found a phone containing what they say are incriminating messages.
If kept in Syria or foisted on another country, she would never have been charged. Trials such as hers are expensive, difficult and risky, but the expense is necessary, and the risk would be greater if these people were left at large. Some of them may be the world’s worst people, but they are our people. If they are truly to be brought to justice, or at least kept under watch so they pose less danger, it is far more likely to happen here.
Editor’s note: (Apr. 29, 2019) An earlier version of this column incorrectly referred to .002 per cent of returned Islamic State fighters who have been charged with terrorism offences, when in fact it was one in 500.