The transfer of thousands of ISIS detainees from Syrian prisons to Iraq has opened a complex set of legal, security, and financial questions. The Iraqi government has described the move as a “preemptive” step aimed at safeguarding national and regional security.
Background and Decision
Amid mounting concerns over the security of ISIS detention facilities in Syria, Iraq has begun receiving groups of detainees, starting with 150 Iraqi and foreign nationals. This is part of a broader plan to transfer approximately 7,000 detainees. The step follows repeated Iraqi requests dating back to 2019, during which security agencies compiled detailed databases—including biometric records and organizational roles—on the individuals in question.
Legal Framework and Trials
Legal expert Waleed Al-Shibibi explains that prosecutions in Iraq rest on three pillars:
- Personal jurisdiction: Trying Iraqi nationals affiliated with ISIS.
- Territorial jurisdiction: Trying individuals who committed crimes on Iraqi soil.
- Subject-matter jurisdiction: Trying offenses classified as terrorism.
Iraqi law allows for penalties up to death or life imprisonment for terrorism-related convictions. However, procedural delays—particularly the requirement for presidential ratification of death sentences—have stalled the implementation of many rulings.
Financial Challenges
The financial burden of the transfers is substantial. Daily costs are estimated at 25,000 Iraqi dinars per detainee (about $19), covering food, security, and medical care. Financial expert Haider Al-Sheikh estimates that housing 7,000 detainees would cost more than 250 billion dinars annually (roughly $190 million) for food and basic supplies alone.
Conditions in Iraqi Prisons
Iraq’s prison system is already under severe strain. An estimated 100,000 inmates are held across facilities run by the ministries of justice, interior, and defense, as well as intelligence agencies. Many buildings are outdated and inadequate, with occupancy rates reaching 300% in some prisons, according to the parliamentary human rights committee.
International Appeals
Iraq has urged the international community to assume its share of responsibility. Foreign Minister Fuad Hussein stressed that “Iraq cannot bear the burden of this file alone,” calling on countries to repatriate their nationals linked to ISIS. The transfer plan has received American and broader international support, with U.S. Central Command describing it as an essential step for maintaining security.
Security Concerns
The move has revived fears of mass prison breaks reminiscent of Abu Ghraib and Al-Taji in 2013, events that helped fuel ISIS’s resurgence. Iraqi officials, however, insist that the current security environment is markedly different, with detainees now distributed across fortified federal prisons.
The unfolding situation represents a major test of Iraq’s capacity to balance justice, sovereignty, and economic pressures. It also underscores the need for sustained international engagement and the development of a judicial and correctional system capable of managing a challenge of this scale.
This article was translated and edited by The Syrian Observer. The Syrian Observer has not verified the content of this story. Responsibility for the information and views set out in this article lies entirely with the author.
