ICYMI: Joint Committee on Human Rights Report on Accountability for Daesh Crimes

In May 2025, the Joint Committee on Human Rights published its report looking into the UK responses to the Daesh crimes, including investigating and prosecuting Daesh members upon their return to the UK.

The report made several findings and recommendations pertaining to justice and accountability, including:

1. We welcome the Government’s commitment to achieve justice for survivors of Daesh crimes. However, not a single Daesh fighter has been successfully prosecuted in the UK for committing international crimes, such as genocide.

   (Conclusion, Paragraph 36)

2. Terrorism charges do not capture the nature and scale of crimes committed against victims. Where there is sufficient evidence to provide a realistic

   prospect of conviction for international crimes, individuals should be prosecuted for such crimes. (Recommendation, Paragraph 37)

3. The Government has told us that the most appropriate forums for prosecuting individuals are the jurisdictions where the crimes were committed. Given the concerns with regard to fair trial rights, capacity, and resources, we must not rely on other countries to investigate and prosecute individuals for international crimes. Where the UK has jurisdiction over international crimes, the UK should seek to investigate and prosecute such crimes. (Conclusion, Paragraph 44)

4. Where the UK has jurisdiction over international crimes, the UK should seek to investigate and prosecute such crimes. (Recommendation, Paragraph 44)

5. The UK legal framework applicable to international crimes is inconsistent. Whilst it is possible to prosecute individuals for torture and grave breaches of the Geneva Conventions committed abroad, it is not possible to prosecute individuals for genocide, crimes against humanity, or other war crimes committed abroad, unless the individuals are UK nationals, UK residents, or subject to service personnel laws. This creates a key barrier to the exercise of the principle of universal jurisdiction in the UK. (Conclusion, Paragraph 50)

6. The Government should amend the International Criminal Court Act 2001 to remove the requirements of UK nationality and residency. The relevant guidelines should also be amended to ensure that presence in the UK is not a prerequisite to initiating an investigation. This would help to close the impunity gap by ensuring that the UK can exercise universal jurisdiction over the international crimes of genocide, crimes against humanity, and war crimes. To achieve this, the Committee proposes an amendment to the Crime and Policing Bill, which in turn amends the International Criminal Court Act 2001 (see Annex). (Recommendation, Paragraph 51)

7. There is a lack of cooperation between UK investigative and prosecuting bodies, such as the War Crimes Unit of the Metropolitan Police, and the Crown Prosecution Service. (Conclusion, Paragraph 60)

8. The Government should prioritise the establishment of a clear framework to allow for greater cooperation between UK’s relevant national bodies and between the UK and other mechanisms involved in the gathering and preserving of evidence. It should also identify the barriers to undertaking structural investigations and identify how this could be changed and improved. (Recommendation, Paragraph 60)

9. With the closure of UNITAD, it is imperative that the evidence gathered is not lost, and that new evidence can still be collected as needed. (Conclusion, Paragraph 61)

10. We urge the Government to use its influence to ensure that such valuable evidence is not lost and that it is kept safe from both state and non-state actors who could put the lives of survivors at risk. The Government should also employ efforts to ensure that this evidence, as well as any future evidence collected of Daesh crimes, is effectively analysed and used to aid investigations and prosecutions globally. (Recommendation, Paragraph 61)

    
    

The full report can be found here: https://committees.parliament.uk/publications/47848/documents/250062/default/