Canada's Foreign Fighter Problem: How Should the Federal Government Manage Suspected ISIS Members Held in Syria?

Authors

Mira StephensonFollow

Keywords

foreign fighters, ISIS, national security, global security, Canadian foreign policy, detainment, human rights law, foreign jurisdictions, rule-of-law, terrorism offences, AANES

Abstract

Since the Islamic State of Iraq and Syria (ISIS) fell in 2019, the Autonomous Administration of North and East Syria (AANES) has arbitrarily detained tens of thousands of accused ISIS fighters and their families in Northern Syria. Among those detained are Canadian citizens. Although Canada has repatriated Canadian women and children from AANES custody, its policy approach to date has been inadequate.

Canada must take action to develop a cohesive policy for the approximately 17 Canadians remaining in AANES custody. In this paper, I will evaluate four potential policy options available to the Canadian government. First, that Canada could take no action and maintain the status quo. Second, that Canada could support AANES in bringing ISIS fighters to justice directly in Northern Syria. Third, that Canada could support the International Criminal Court (ICC) in prosecuting ISIS fighters. Fourth, that Canada could repatriate the Canadians held by AANES and, where applicable, prosecute them directly in Canada.

Considering the global security and human rights concerns presented by the status quo; as well as the inherent challenges with prosecuting low-level ISIS members at the ICC and AANES’s standing as a non-State entity, I will argue that the best policy option for Canada is to repatriate its detained citizens and prosecute them domestically where possible. I will contend that, while repatriating Canadians held by AANES is not without considerable evidentiary concern, this approach advances human rights and global security objectives. Additionally, it allows Canadians involved with ISIS to be held accountable for their actions.

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Recommended Citation

Mira Stephenson, "Canada's Foreign Fighter Problem: How Should the Federal Government Manage Suspected ISIS Members Held in Syria?" (2025) 34 Dal J Leg Stud 123