What should we do with IS returning fighters

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What should we do with IS returning fighters

Post by mr friendly guy »

An article from Australian broadcasting corporation talks about some IS fighters who are disillusioned after the defeat of IS

http://www.abc.net.au/news/2017-12-20/h ... er/9267544
Raqqa: Defeat and disillusionment sink in for Islamic State's foreign converts
By Middle East correspondent Matt Brown
Updated about 10 hours ago

At a counter-terrorism unit office in northern Syria, an Indonesian member of the Islamic State group — captured by the western-backed Syrian Democratic Forces (SDF) — has offered a detailed account of his path to jihad.

Key points:

Aldiansyah Syamsudin travelled to Syria to join IS but was lucky to survive an air strike
Witnesses say they believe an Australian doctor treated their children at an IS hospital
Kurdish officials say all foreign fighters — no matter how contrite — are dangerous
Aldiansyah Syamsudin, who uses the pseudonym Abu Assam Al Indonisiy, said he was a simple rice cook in Bogor, south of Jakarta, before travelling to Syria to join IS.

There he was taught how to fire a machine gun and an AK-47, but Islamic State's promises — that he would receive four wives, a car and a house — came to nothing.

Left "wounded, sick and starving" as the lone survivor of an air strike which destroyed the vehicle he and other fighters were travelling in, he was shunned by locals and quickly captured.

Now he says he wants to go home and he won't be a danger to his fellow Indonesians — or Westerners.

"Now that IS does not care for me, why should I follow their teachings?" he said.

From the kitchen to the battlefield

Syamsudin's journey began after graduating from a mainstream Islamist school in Java.

He was radicalised over the internet, not in a mosque, and joined a group called Gadi Gado on the encrypted messaging service, Telegram, where he met a contact, an Indonesian using the name Abu Hofsah, who told him how to get to Syria.

The inner ring of hell

The fence in the middle of Naim Square, the centre of Raqqa, where IS displayed the severed heads of their victims
At a roundabout in the heart of Raqqa are the spikes where IS soldiers displayed decapitated heads. It's become a symbol of the city's debasement as survivors return in search of hope for the future.
He claims Hofsah sent him $US1,000 ($1,310) to pay his airfare.

He arrived in Turkey in March last year and stayed in a safe house in the city of Gaziantep before crossing the border into Syria.

"At night a Muharrib (fighter) came and told us, 'it's time to go to the border'. We travelled by car to the border and ten of us continued on foot. We crossed a river and continued on foot. We found a metal barricade and ran fast. Turkish soldiers shot at us but we eventually arrive in the Caliphate," he said.

He arrived in Syria in April, much later than most of the foreign fighters who entered Syria, and attesting to Islamic State's ability to penetrate the Turkish border well after Turkish authorities said they were cracking down.

The date is also well after IS had been pushed south and no longer controlled direct access to the border.

Syamsudin said he was trained by an Indonesian, using the alias Abu Walid al Indonesiya and a Filipino using the alias Abu Abdulrohman al Phillipini.

His account cannot be verified, but he admitted being trained by IS in how to use a range of light weapons.

"I joined military training in [Syria's] Hama province for about 20 days, I learned how to use four weapons, including Kalashnikov, RPG [rocket-propelled grenade] and PKC machine gun," he said.

Raqqa free, devastated and empty


There is celebration in the Syrian city of Raqqa, where the Islamic State group has now lost its last stronghold. But behind the cheers is a shattered city where civilians sob in grief, writes correspondent Matt Brown.
While authorities believe hundreds of Indonesians have travelled to join IS, Syamsudin said he knew just five of his countrymen in Syria.

And, despite years of news and propaganda depicting the group's brutality, he claims he did not come to Raqqa to fight.

"I was interested in joining IS because my friend said the living is free and comfortable, you can have four wives, and IS will give you money and provide you with a house and a car," he said.
Blown up, captured and disillusioned

But instead of a free ride, Syamsudin said he suffered bad luck.

"After I completed my training we were travelling by car when we were attacked by a warplane. All of my friends were killed but I survived," he said.

"I was wounded, sick and starving ... I had no idea what was going on. I don't understand anything; and I don't understand Arabic. I approached the locals, asking them for help, but instead they shunned me."

He was quickly captured by the western-backed SDF. Now wanting to go back home, Syamsudin said he does not pose a threat.

"I will not create any troubles for (Westerners). I have been taught in the past to always attack them, to make trouble for them. But, now that IS does not care of me, why should I follow their teachings? That's the truth about IS," he said.
"They always claim that 'the Muslims love them' but after I came here, I found that many locals do not love them."

IS bride claims children were treated by Australian doctor

Media player: "Space" to play, "M" to mute, "left" and "right" to seek.
VIDEO: Foreign IS fighters have left their mark on deserted Raqqa. (ABC News)
As well as Indonesians, more evidence of the Australian presence in Raqqa is emerging.

While Australian doctor Tareq Kamleh is well known for making a propaganda video about the quality of care in the so-called caliphate, the bride of a Moroccan IS fighter said their children were treated by another Australian.

"I used to go with my husband when my kids would get sick to the national hospital. There was a doctor called Abu Mohammed al Australi, he specialised in treating children and he was good for the kids," Khadija el Hamri said.

She and several other IS brides reviewed clear images of Kamleh and insist they dealt with a different Australian.

And he didn't just stick to medical duties.

"My husband told me the Australian doctor [was] going to guard duty with his gun and military vest, guarding against the Syrian regime and when he's coming back he comes to the hospital to treat the kids," she said.

Kurdish officials say all the foreign members of IS — whether they claim to be fighters or not — should be assumed to be dangerous.

"They travelled thousands of kilometres and took their place in the caliphate that attacked our cities and killed our kids. It's not right to say terror comes only from the gun. The gun is a result of the ideology," said Mustafa Bali, a spokesman for the SDF.

And, while IS has lost control here, its followers have spread far and wide.
When these fighters or supporters like Dr Tareq Kamleh come back, what should be done about them? Is watching them cost effective? What about imprisonment? What are the chances for reforming if any?
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Re: What should we do with IS returning fighters

Post by loomer »

Life imprisonment. They committed treason.
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Re: What should we do with IS returning fighters

Post by LaCroix »

You would be perfectly fine, in my opinion, to ask them if they have a valid visa when trying to enter, as they obviously left with the intention to join another state, thus giving up their citizenship.
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Re: What should we do with IS returning fighters

Post by mr friendly guy »

Yeah, but that might leave them in a state (lets say Syria) which most probably doesn't want them, and who arguably shouldn't bear responsibility since they did not accept them as citizens. Which IMO is the problem with people calling for ex IS members not to be returned.
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Re: What should we do with IS returning fighters

Post by LaCroix »

But on the other hand, it leaves them in the state where they committed their crimes in, and then deal with them appropriately. The return state claiming jurisdiction over a conflict in a distant state is just as troubling.
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Re: What should we do with IS returning fighters

Post by Elheru Aran »

Yeah, I would not have an issue with imprisoning the returning fighters and turning them over to some kind of international tribunal. Here in the US we've already had at least one trial of a guy who was attempting to join IS. Not quite the same thing as actually having gone over there and joined them, done stuff, and then come back, but... in the general neighborhood?

The question is whether there's actually any kind of international body dealing with the IS matter, which I don't know that there is at the moment...
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Re: What should we do with IS returning fighters

Post by Simon_Jester »

Hm.

It depends, are they deserting, or defecting?

Treating defectors well is usually a good idea. Deserters from a terrorist army could quite reasonably be tried for treason or handed over to Syrian authorities for trial.
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Re: What should we do with IS returning fighters

Post by Crazedwraith »

Simon_Jester wrote: 2017-12-20 11:11am Hm.

It depends, are they deserting, or defecting?

Treating defectors well is usually a good idea. Deserters from a terrorist army could quite reasonably be tried for treason or handed over to Syrian authorities for trial.
What's the distinction between deserting and defecting? It seems to me you want to encourage both.

It seems to me that you don't want to be too harsh to people who have become disillusioned with Is in case they change their minds. But if people are coming back to spread the word and terrorise well they have to be stopped and it's hard to tell the difference without at least surveying them.

Of course it also depends what they did when they were over there.
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Re: What should we do with IS returning fighters

Post by Elheru Aran »

Defecting: "We left the other guys because they suck and we want to help you because you're not them."

Deserting: "We left the other guys because... they suck... and we came to you because... you're not them?"

Yeah, it's kinda hard to tell the difference sometimes, particularly with a poorly defined body like the Islamic State. With, say, the Soviets, it was (usually) a little more explicit when one of them came over to the West. With the IS... we only really have the individual's word.
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Re: What should we do with IS returning fighters

Post by LaCroix »

The problem is, they ran off to fight and kill for some horrible people because they thought they would benefit.

Sadly, these murderous arehole group didn't live up to their promise.
What guarantee do we have they don't do it again for the next arsehole group?
What guarantee do we have that they do not spread their worldviews that made them think this decision is the "best thing evaah".
Why would a state (no matter which one) have a responsibility to take them back? Why do they deserve to be imprisoned in better prisons than their Syrian IS brothers?

Also, why do we need to encourage the defection? How many foreign soldiers do they have? A few hundred? A few thousand? Is there a known percentage? What I want to imply - will it even have a big effect (I suspect defecting will become harder the smaller the IS shrinks, as they can guard each other more efficiently)?
As far as I know, it is not that much of a burden to the Syrian/Iraki legal and prison system that we absolutely need to take it off their hands.
These people made a decision - now they have to face the consequences.
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Re: What should we do with IS returning fighters

Post by K. A. Pital »

If I were on the right, I'd recommend punishing them with maximum harshness, up to death sentence.

The next batch of recruits for ISIS or a similar fundamentalist movement woudl think twice then.

But I'm not. Once they use such punishment against horrible people, they will use it against normal people as well. Time and again. Gitmo - secret prisons all over the world - involuntary detention - total surveillance...

Stop making the world more of a prison than it already is. Even if it could be a world where ISIS exists, that's still better than their prison.
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Re: What should we do with IS returning fighters

Post by Ralin »

Dunno, seems obvious to me that if someone joins ISIS and decides they want to leave it's in everyone's best interest to not discourage them. If it can be proven they committed some specific crime that changes things.
loomer wrote: 2017-12-20 08:53am Life imprisonment. They committed treason.
Citation needed. I don't know what Indonesian and Australian law has to say on the subject, but it wouldn't be in the US.

(Wrote this reply a few hours ago, only now posting it because of connection problems)
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Re: What should we do with IS returning fighters

Post by Zixinus »

I think doing what the article already does would be a good start: Putting these people telling their story into the spotlight, especially in the regions where these people come from.

"ISIS does not only turn you into a crazy fanatic, it uses you and lies to you!"

Destroying ISIS militarily got you to a point. Discrediting them with the truth can do more good.
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Re: What should we do with IS returning fighters

Post by Simon_Jester »

Crazedwraith wrote: 2017-12-20 11:19amWhat's the distinction between deserting and defecting? It seems to me you want to encourage both.
Defecting means you help the side you've run to, against he side you're running from. Say, by teaching Arabic courses to your nation's military or providing intelligence to the state. Deserting means you don't provide such help.
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Re: What should we do with IS returning fighters

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LaCroix wrote: 2017-12-20 09:34am You would be perfectly fine, in my opinion, to ask them if they have a valid visa when trying to enter, as they obviously left with the intention to join another state, thus giving up their citizenship.
Usually, there is a formal process you have to go through to revoke citizenship.

I don't know about every other country, but in the US, even a treason conviction doesn't equal "automatic loss of citizenship".

In my opinion, citizenship, and the rights and responsibilities that accompany it, should not be something that can be so easily and casually revoked.

My answer to retuning ISIS fighters:

If we can prove they broke a law, put them through the legal system.

If not, they get to live their lives like anyone else until we can prove that they did break a law.

This isn't hard. Its just that since 9/11 and Bush, a lot of people have got it into their heads that SCARY MOOSLEMS are some bizzare, unprecedented, alien problem to which normal democratic concepts like "due process" don't apply.
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Re: What should we do with IS returning fighters

Post by Thanas »

Treat them like any other member of a terrorist organisation and punish them to the fullest extent of the law.

Over here in Germany a couple of ISIS members who claimed refugee status have been identified by their victims and are facing trial already.
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Re: What should we do with IS returning fighters

Post by The Romulan Republic »

Good.

Sounds like Germany's handling it the way it should be.
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Re: What should we do with IS returning fighters

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Revoke their citizenship (if it isn't considered already suspended), and ship them back to Syria/Iraq and hand them to the government.

They left to join radicals that were at war with everyone else in the war. That includes their own home country.
That's more then enough proof to me that they possess a continuing threat. How do we know they didn't 'desert' with orders to strike at home?
Or are not simply waiting for another radical group to rise up?

They went to Syria or Iraq to commit crimes. Including Murder, Assault, and possibly Rape. Let them face the justice of the territory they commited it in. While they are aware, try and convict them in absentina

If they survive, then when the sentence is up overseas, bring them home, and toss them in jail at home.
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Re: What should we do with IS returning fighters

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Solauren wrote: 2017-12-20 04:58pm Revoke their citizenship (if it isn't considered already suspended), and ship them back to Syria/Iraq and hand them to the government.
Have you considered the dangers of setting the precedent that citizenship, and the rights attached to it, can be easily revoked?
They left to join radicals that were at war with everyone else in the war. That includes their own home country.
That's more then enough proof to me that they possess a continuing threat. How do we know they didn't 'desert' with orders to strike at home?
Or are not simply waiting for another radical group to rise up?
And this justifies abrogating their constitutional rights how?
They went to Syria or Iraq to commit crimes. Including Murder, Assault, and possibly Rape. Let them face the justice of the territory they commited it in. While they are aware, try and convict them in absentina

If they survive, then when the sentence is up overseas, bring them home, and toss them in jail at home.
I'm fairly certain trials in absentia are unconstitutional, at least in the US.

They're criminals. Treat them like any other criminals, and run them through the legal system. If you can convict, sentence accordingly. If not, then they go free. That's the price you pay for living in a free society based on the rule of law.
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Re: What should we do with IS returning fighters

Post by Zaune »

Any of them who've verifiably committed an actual war crime should face trial and/or extradition. For the ones who realised they'd made a mistake and quit without doing so, I would suggest probation with mandatory enrollment in a deradicalisation and/or counselling program.
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Re: What should we do with IS returning fighters

Post by The Romulan Republic »

Zaune wrote: 2017-12-20 05:45pm Any of them who've verifiably committed an actual war crime should face trial and/or extradition. For the ones who realised they'd made a mistake and quit without doing so, I would suggest probation with mandatory enrollment in a deradicalisation and/or counselling program.
This sounds about right.
Zixinus wrote: 2017-12-20 02:39pm I think doing what the article already does would be a good start: Putting these people telling their story into the spotlight, especially in the regions where these people come from.

"ISIS does not only turn you into a crazy fanatic, it uses you and lies to you!"

Destroying ISIS militarily got you to a point. Discrediting them with the truth can do more good.
Also this.

Give them a chance to prove that they'll be good citizens again in exchange for leniency, while undercutting future radical recruitment efforts.
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Re: What should we do with IS returning fighters

Post by Broomstick »

Solauren wrote: 2017-12-20 04:58pm Revoke their citizenship (if it isn't considered already suspended), and ship them back to Syria/Iraq and hand them to the government.
There is no mechanism in the US for depriving a native-born US citizen of that citizenship. Any citizen can voluntarily surrender their citizenship, chiefly by becoming the citizen of another nation, but in practice even that isn't automatic. Naturalized citizens can have their US citizenship revoked, but that involves a trial which, in the US, can not be done in absentia. (The examples that I can recall involved WWII Nazis that lied about their party membership and/or actions in the war in order to get into the US, gain residence, and become citizens, which was tried as a form of fraud. People who were honest about Nazi membership but convinced the US they weren't evil incarnate (someone who joined the party to protect their family but did not commit war crimes, for example) and gained US citizenship are in the clear since no fraud occurred. Then there was Werner Von Braun who became a US citizen in 1955 despite being a war criminal but, again, no fraud involved, just scheming by the Federal government wanting to keep a rocket scientist in its pocket.)
They left to join radicals that were at war with everyone else in the war. That includes their own home country.
If it can be proven they engaged in armed conflict against the US then a US citizen can be prosecuted but such legal actions have historically been rare. (Fewer than 40 Federal prosecutions, and not all those resulted in convictions. In the US it is also possible to be convicted of treason against one's state of residence, and there have been a few convictions for that. While people have been executed for treason against member states of the US no one has ever been executed for treason against the Federal government as defined in the Constitution. There is also a case of treason against the Seneca Nation which resulted in stripping the convicted of tribal membership and a lifetime exile from Seneca lands.)
That's more then enough proof to me that they possess a continuing threat. How do we know they didn't 'desert' with orders to strike at home? Or are not simply waiting for another radical group to rise up?
We don't. There is no way to know for sure whether they are safe or dangerous.
They went to Syria or Iraq to commit crimes. Including Murder, Assault, and possibly Rape. Let them face the justice of the territory they commited it in.
I'm OK with that, actually.

I'd also be OK with an international tribunal of some sort.
While they are aware, try and convict them in absentina
There is no mechanism in the US for trial in absentia, such trials are against the US constitution and would violate the fifth, sixth, and fourteenth amendments.
If they survive, then when the sentence is up overseas, bring them home, and toss them in jail at home.
Under what justification? If they've been convicted and served their sentence how do you justify throwing them in jail?
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Re: What should we do with IS returning fighters

Post by mr friendly guy »

The Romulan Republic wrote: 2017-12-20 03:32pm
LaCroix wrote: 2017-12-20 09:34am You would be perfectly fine, in my opinion, to ask them if they have a valid visa when trying to enter, as they obviously left with the intention to join another state, thus giving up their citizenship.
Usually, there is a formal process you have to go through to revoke citizenship.

I don't know about every other country, but in the US, even a treason conviction doesn't equal "automatic loss of citizenship".
Australia was debating to revoke citizenship for dual citizens, however this leads to a race to the bottom of the barrel if the other country also doesn't want them, ie which ever country revokes citizenship first wins. We run the risk of rendering these guys stateless, which means they are no longer anyone's problem except for the state they are stuck in.
LaCroix wrote: 2017-12-20 10:30am But on the other hand, it leaves them in the state where they committed their crimes in, and then deal with them appropriately. The return state claiming jurisdiction over a conflict in a distant state is just as troubling.
I think we might be miscommunicating. I wasn't thinking in terms of claiming jurisdiction to deal IS supporters over Syria or over the country they are fighting in. If Syria wants to deal with them and they are still in Syria, then they can have them.

I was mainly thinking of IS members who are small fry and who already escaped the country they were fighting in (eg Iraq/Syria) and are in a third country where they did not commit crimes in (Turkey) and are looking to re enter their country of citizenship. If we stop them before they enter, and the country dealing with IS, considers them not worth dealing with because they are small fry, these guys become someone else's problem.

While I don't care about people who believed in IS propaganda, my sense of responsibility tells me its not fair to either Syria or Turkey to deal with them when they are our citizens.
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loomer
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Re: What should we do with IS returning fighters

Post by loomer »

Ralin wrote: 2017-12-20 01:30pm Dunno, seems obvious to me that if someone joins ISIS and decides they want to leave it's in everyone's best interest to not discourage them. If it can be proven they committed some specific crime that changes things.
loomer wrote: 2017-12-20 08:53am Life imprisonment. They committed treason.
Citation needed. I don't know what Indonesian and Australian law has to say on the subject, but it wouldn't be in the US.

(Wrote this reply a few hours ago, only now posting it because of connection problems)
Commonwealth Criminal Code s80, as contained in the Criminal Code Act 1995 (Cth), is probably what you're thinking of:
80.1 Treason

(1) A person commits an offence if the person:

(a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister; or

(b) causes harm to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime Minister; or

(c) causes harm to the Sovereign, the Governor-General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor-General or the Prime Minister; or

(d) levies war, or does any act preparatory to levying war, against the Commonwealth; or

(g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth.

Penalty: Imprisonment for life.

80.1AA of same, however, establishes a second category of treason offences.
80.1AA Treason--materially assisting enemies etc.

Assisting enemies at war with the Commonwealth

(1) A person commits an offence if:

(a) the Commonwealth is at war with an enemy (whether or not the existence of a state of war has been declared); and

(b) the enemy is specified, by Proclamation made for the purpose of this paragraph, to be an enemy at war with the Commonwealth; and

(c) the person engages in conduct; and

(d) the person intends that the conduct will materially assist the enemy to engage in war with the Commonwealth; and

(e) the conduct assists the enemy to engage in war with the Commonwealth; and

(f) when the person engages in the conduct, the person:

(i) is an Australian citizen; or

(ii) is a resident of Australia; or

(iii) has voluntarily put himself or herself under the protection of the Commonwealth; or

(iv) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Assisting countries etc. engaged in armed hostilities against the ADF (a subsection of 80.1AA, but a distinct offence with its own penalty)

(4) A person commits an offence if:

(a) a country or organisation is engaged in armed hostilities against the Australian Defence Force; and

(b) the person engages in conduct; and

(c) the person intends that the conduct will materially assist the country or organisation to engage in armed hostilities against the Australian Defence Force; and

(d) the conduct assists the country or organisation to engage in armed hostilities against the Australian Defence Force; and

(e) when the person engages in the conduct, the person:

(i) is an Australian citizen; or

(ii) is a resident of Australia; or

(iii) has voluntarily put himself or herself under the protection of the Commonwealth; or

(iv) is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

Penalty: Imprisonment for life.

ISIS has engaged in armed hostilities with the ADF as we are participants in the bombing campaign and have also deployed ground troops (SF, primarily, both for training and combat purposes in the Middle East theater and recently into the Phillipines). Any Australian citizen who has fought for ISIS or rendered any other material aid not on a humanitarian basis that would enable or assist them to engage in those hostilities is directly engaging in a treason offence, with intent, and the only permitted penalty is life imprisonment.

You say 'oh, let them leave unless they committed a specific crime'. If they fought for ISIS against their country of origin while still a citizen, that is a specific crime in any jurisdiction with any kind of common sense.
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bilateralrope
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Re: What should we do with IS returning fighters

Post by bilateralrope »

There will be people who see how we treat the current people leaving ISIS who get radicalized by some group, maybe ISIS, maybe a group that doesn't currently exist. Then they will start having second thoughts on the matter.

Do you want those people to give up their fight and try returning home ?

Or do you want them to stay with whoever radicalized them because its better for them than the punishment they will get if they return home ?

So I'm in favor of lenient punishments. But they still need to be watched as their giving up might not be genuine.
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