
Conclusion
Northeastern Syria is a clear example of the limited ability of counterterrorism laws to provide ISIS victims with justice. Likewise, offering ad hoc amnesties or reconciliation deals, without accompanying non-judicial justice mechanisms, risks encouraging the mistreatment of former ISIS members. This may in turn allow ISIS to exploit resentments. While much time has been lost, it is not too late for the regional administration to support Syrian civil society groups in developing more coherent transitional justice mechanisms, in order to hold ISIS members to account for their full range of crimes without harming reconciliation efforts in local communities.
Designing a successful transitional justice process will require investigating and addressing the root causes of the conflict that allowed ISIS to emerge and flourish in northeastern Syria. Truth commissions should have the mandate to comprehensively examine violations of cultural, political, economic, social and civil rights, whether committed by ISIS or by the Syrian regime, the regional administration or local tribes. Victims (including women and other marginalized groups) must be consulted on the various mechanisms that could be used to redress abuses, and should be allowed to propose inclusive reparations programmes accordingly. Truth commissions should also provide recommendations on key legislation that should be introduced or revised in order to protect the rights of all citizens, with a special focus on under-represented groups.
At the same time, the enduringly broad influence of ISIS – due to its having ruled communities for years – has made the reintegration of those who lived under its control a challenge that cannot be addressed by transitional justice mechanisms alone. The regional administration and its international partners have not invested much effort in rehabilitating individuals and communities that were influenced by the group’s ideology.55 Disregarding such needs may allow ISIS to continue to exist as an insurgency for years, and thus destabilize northeastern Syria. Navigating the social and ideological complexity of this situation to prevent such an outcome requires hybrid programmes drawn from multiple frameworks to complement justice and reconciliation mechanisms with rehabilitation instruments. The international community should also use its influence with, and support for, the current administration in northeast Syria to push for a transitional justice process without undermining the administration’s independence or legitimacy.
Ending the cycle of violence will require addressing the issue of collective punishment of the families of ISIS members. Truth commissions, or committees coordinating with them, should investigate extrajudicial violations committed against civilians (during anti-ISIS hunts, or in IDP camps or detention centres) due to their social ties with ISIS members. Following consultations with stakeholders, the commissions should develop programmes to tackle the needs of ISIS members’ families, including wives and children, most of whom have no legal documents (such as marriage or birth certificates) nor any place to go.56 Meanwhile, the regional administration should accelerate and support the voluntary return of the thousands of residents who have been unlawfully detained, especially those held in displacement camps.
Neither the administration nor Syrian community and civil society groups can develop and undertake this alone. The international community has much to gain from the success of a transitional justice approach. While ensuring full Syrian ownership of the process, Western governments can offer a broad range of much-needed support. In addition to facilitating the return of foreign ISIS members to their own countries, the West should increase financial and technical assistance to official and community-based initiatives.
Ignoring the urgency of developing a long-term plan to serve justice, and contribute to community healing, will almost certainly allow ISIS to continue to prevent the recovery and development of northeastern Syria. This in turn risks further destabilizing the country and the wider region.