UN Experts Urge End To ISIL-Related Arbitrary Detention In North-East Syria And Accountability For International Crimes

GENEVA (7 April 2025) – The political transition in Syria is a valuable opportunity to end the arbitrary, inhumane and indefinite detention of around 52,000 people in relation to the conflict with Islamic State in Iraq and the Levant (ISIL), UN experts* said today.

“We note the agreement on 10 March with the Syrian Democratic Forces in North-East Syria, who guard the detainees, to join Syria’s new national institutions. We urge Syria and other countries to build on this momentum by ending arbitrary detention and bringing to justice anyone suspected of genocide, war crimes or crimes against humanity,” they said.

Around 9,000 male ISIL suspects are detained without due process of law, including 5,400 Syrians, 1,600 Iraqis, and 1,500 people from 50 other countries. The vast majority of these detainees continue to be held incommunicado without information on their fate or whereabouts.

In addition, some 42,500 individuals are arbitrarily held in camps, including family members and associates of ISIL suspects, as well as refugees, internally displaced persons, and victims of human trafficking. Of these, 60 percent are children, and the rest are mostly women. Hundreds of adolescent boys have been forcibly separated from their mothers and are held in prisons or “rehabilitation” centres. While almost 40 percent of the 42,500 people in camps are from Syria and 40 percent from Iraq, about 8,000 people come from 50 other countries.

“These people have been held without legal process for at least six years, in cruel, inhuman and degrading conditions, contrary to international law. Tens of thousands of innocent children have suffered physical violence and psychological harm, when they should be assisted as victims of terrorism and serious human rights violations. Many women are also vulnerable, including victims of sexual and gender-based violence,” they said.

The experts made six recommendations for action.

First, they urged all countries to urgently repatriate their nationals, as required by international law, rehabilitate and reintegrate them, or prosecute them where applicable, in line with international law and Security Council resolutions. “We are concerned many countries have abandoned their citizens or have even arbitrarily revoked their citizenship,” they said. They also recommended voluntary third-country resettlement be considered for those at risk of serious violations if returned to their home countries.

Secondly, Syria’s caretaker authorities should plan for the safe, dignified and voluntary reintegration of Syrian detainees, who are not criminal suspects, back into their communities. Security Council resolution 2254 (2015) calls for the release of any arbitrarily detained persons, particularly women and children.

Thirdly, the political transition must include an independent and impartial process for bringing to justice anyone suspected of international crimes, while guaranteeing fair trial, avoiding the death penalty and ensuring prison conditions meet international standards.

“Addressing ISIL atrocities should be part of a broader, Syrian-led transitional justice process involving the accountability of all State and non-state actors, truth-seeking, reconciliation and reparation for victims, in full respect for international law,” the experts said. “The international community should provide technical and financial support on request. States should also exercise universal jurisdiction where possible, utilising the evidence gathered by the international mechanisms for Syria and Iraq.”

Fourthly, there should be clear pre-conditions for lifting counter-terrorism sanctions on Syria, including progress on accountability and human rights, to ensure sufficient resources and conditions for reconstruction and stabilisation.

Fifthly, foreign states must cease destabilising Syria’s transition, including illegal cross-border attacks by Türkiye in the north-east, which have displaced almost 100,000 people, and Israeli attacks and creeping occupation in the south.

Finally, in the interim, the humanitarian, protection and security needs of all detainees must be guaranteed, including victims of enforced disappearances.

“We deplore recent disruptions of humanitarian assistance in the camps, which endanger security, and urge States to guarantee adequate funding,” they said.

“All of the above measures must be sensitive to gender, age, disability and other intersectional vulnerabilities and needs,” they said.

*The experts: Ben Saul, Special Rapporteur on counter-terrorism and human rights; Cecilia M Bailliet, Independent Expert on human rights and international solidarity, Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Gabriella Citroni (Chair-Rapporteur), Grażyna Baranowska (Vice-Chair), Aua Baldé, Ana Lorena Delgadillo Pérez and Mohammed Al-Obaidi, Working Group on Enforced or Involuntary Disappearances; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary, or arbitrary executions; Siobhán Mullally, Special rapporteur on trafficking in persons, especially women and children; Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order; Reem Alsalem,Special Rapporteur on violence against women and girls, its causes and consequences; Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and Balakrishnan Rajagopal, Special Rapporteur on the right to adequate housing .

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