Detaining ISIS terrorist suspects without trial by the USA in Rojava-Syria

Abstract

This study discusses one of the USA’s tactics or strategies, which is the detention of ISIS terrorist suspects without charge or trial in the case of Rojava, Syria. The significance of the subject is that it is one of the most controversial topics in contemporary politics and international laws. A political analysis method was used and the research data dealt with by examining a number of variables. This paper discusses different reasons that affected the non-solution of the tactic or strategy used by the USA government in the war on terror, as well as showing the division between international laws and provisions which are mentioned in international human rights law and in international humanitarian law. This paper will focus on whether the performance of the process of detaining terrorist suspects without trial is legal or illegal. The paper will also examine a case study of Rojava’s trials, Syria and how they deal with detainees. Furthermore, this study will try to explain non-governmental organizations’ (NGO) attitudes, as these have played an important role in the showing of the USA’s tactic. This study concludes that the detention of ISIS terrorist suspects without trial raises serious legal questions, particularly with regard to due process and the right to a fair trial. Under international law, individuals have the right to be brought before a competent court, to be informed of the charges against them, and to have access to legal counsel and a fair trail.