I think Trump is quite correct on IS fighters

TurquoiseTasticTurquoiseTastic Kerygmania Host
Trump's counter-terror nominee Sebastian Gorka says European countries, especially the UK, should take back IS fighters currently held in Syria.

Strange as it is to say I think Trump has been consistently right about this, though for self-interested reasons. During his first presidency he said this was a case of Europe failing to take responsibility for the actions of its own citizens, which I think is bang on target.

Thoughts?

Comments

  • Martin54Martin54 Suspended
    I completely agree, especially including Shamima Begum.
  • It's one of the few issues where I largely agree with the sentiments expressed by George Osborne:

    https://pbs.twimg.com/media/EdDnISWXsAAqndo?format=jpg&name=large

    In reality the UK will probably resist this, because Starmer et al would fear looking soft on terror.
  • Martin54Martin54 Suspended
    It doesn't matter what he does.

    He's out in 4 years.

    The £ & borrowing costs.
  • CaissaCaissa Shipmate
    One should always take back one's citizens.
  • DoublethinkDoublethink Admin, 8th Day Host
    Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.
  • HugalHugal Shipmate
    Martin54 wrote: »
    It doesn't matter what he does.

    He's out in 4 years.

    The £ & borrowing costs.

    Unless as he insists that the reward is on its way. I agree that Labour went on and on about how bad the Cons were but Labour were right. They are still trying to pull us out of the mire. I may not agree with some of the way they are doing it but they are trying. Right back to your regularly scheduled thread.
  • TurquoiseTasticTurquoiseTastic Kerygmania Host
    edited January 9
    I guess HM Government will not want to re-admit the IS fighters and HM Opposition won't be pushing for it either. So on this issue they are all morally inferior to both George Osborne (thanks for that excellent column @chrisstiles ) and Donald Trump, which seems a bit depressing.
  • Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.
  • ArethosemyfeetArethosemyfeet Shipmate, Heaven Host
    Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.

    If we have evidence of them having committed a crime rather than, say, been a victim of online grooming and child sex trafficking.
  • BroJamesBroJames Purgatory Host
    Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.
    Personally, I think that ‘the rule of law’ - a value that we as a nation are happy to call a ‘British value’ - is important.

    Arbitrary detention without due judicial process (even if only imprisonment on remand for someone considered dangerous, or at risk of fleeing) is contrary to the rule of law, and profoundly contrary to the values we as a nation claim to espouse.
  • Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.

    If we have evidence of them having committed a crime rather than, say, been a victim of online grooming and child sex trafficking.

    Belonging, or professing to belong, to a proscribed terrorist group (such as ISIS) is a crime under section 11 of the Terrorism Act 2000 that is punishable by up to 14 years in prison.
  • Alan Cresswell Alan Cresswell Admin, 8th Day Host
    Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.
    Better yet, put them on trial for any crimes they might have committed. If they're considered too dangerous or a flight risk and need to be held in remand then that decision would be made under the same criteria as any one else charged with a crime.
  • If literally fighting for ISIS doesn't qualify someone as "too dangerous" then I'm not sure what does.
  • Alan Cresswell Alan Cresswell Admin, 8th Day Host
    Though, many of those held in Syria didn't actually fight for ISIS even though they had travelled to Syria to support ISIS.

    But, anyone arrested and charged with violence in the UK is unlikely to be given bail - so, those who actually fought for ISIS (ie: actually committed acts of violence) given the same treatment would also be unlikely to be given bail. As I said, use the same criteria for everyone. To do otherwise is unfair*.

    * and, yes I know the system is already unfair in that quite often bail is given to the very wealthy whereas the poor get locked up awaiting trial. But, it doesn't seem relevant to explore that particular failing of our justice system on this thread.
  • Martin54Martin54 Suspended
    Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.

    If we have evidence of them having committed a crime rather than, say, been a victim of online grooming and child sex trafficking.

    What about both?
  • Yes I agree, we should take them back - it is our responsibility and transportation is not a legal penalty in the UK.

    Just as long as we lock them up the second they get off the plane.

    If we have evidence of them having committed a crime rather than, say, been a victim of online grooming and child sex trafficking.

    Going and joining the other side in an active war is prima facie evidence of treason, surely?
  • BroJamesBroJames Purgatory Host
    But Britain isn’t at active war with ISIS, nor was ISIS at active war with Britain. And Shamima Begum was 15 at the time she left the country to live in what was sold to her as a perfect Islamic society.

    I doubt a charge of treason against someone who was a child at the time would stand more than the slightest chance of sticking.

    A child lured abroad with false promises is, in my view, a victim of trafficking, not a criminal.
  • CaissaCaissa Shipmate
    Refusing to repatriate your citizens, is simply a government pandering to some of the basest elements up its citizenry.
  • TwangistTwangist Shipmate
    Isn't Mr Osborne somewhat implicated (at least by association) in how the tory government dealt with her?
  • Martin54Martin54 Suspended
    BroJames wrote: »
    But Britain isn’t at active war with ISIS, nor was ISIS at active war with Britain. And Shamima Begum was 15 at the time she left the country to live in what was sold to her as a perfect Islamic society.

    I doubt a charge of treason against someone who was a child at the time would stand more than the slightest chance of sticking.

    A child lured abroad with false promises is, in my view, a victim of trafficking, not a criminal.

    Well said. But she was both. In law.
  • BroJames wrote: »
    But Britain isn’t at active war with ISIS, nor was ISIS at active war with Britain.

    The UK was engaged in active military actions against ISIS / ISIL / Daesh between August 2014 and late 2019. This certainly covers the time during which Ms Begum and others like her traveled to Syria with the express purpose of joining up with ISIS.

    "But I thought the other side was good" isn't actually any kind of defense to a treason charge.

    "But I was a teenager, and therefore an idiot" has a little more substance to it.
  • DoublethinkDoublethink Admin, 8th Day Host
    If we are going to claim treason in a war, then we actually need to declare a war. Had we declared a war, people who fought for the other side and were captured would be prisoners of war - who would be released and returned to their country at the end of the war. Unless there was evidence to try them specifically for war crimes.

    By not declaring war, we’ve been left with a situation where there is no agreed framework as to what to do. That is the fundamental problem.

    We need a Geneva convention for war against non-state actors.
  • chrisstileschrisstiles Hell Host
    edited January 9
    "But I thought the other side was good" isn't actually any kind of defense to a treason charge.

    "But I was a teenager, and therefore an idiot" has a little more substance to it.

    As does 'I was groomed". Or "I wouldn't have even made it into Syria if not for a Western Intelligence agent who was trading foreigners for access":

    https://www.bbc.co.uk/news/uk-62726954
    https://www.itv.com/news/2022-11-18/ex-canadian-spy-calls-for-shamima-begums-uk-return-after-spy-agency-cover-up
  • Martin54Martin54 Suspended
    Being a pawn in a counter-insurgency war that we created will fuck you up. Bring them home. Do the morally heroic thing. Not the political cowardice thing.
  • la vie en rougela vie en rouge Purgatory Host, Circus Host
    To me the most scandalous aspect of it all is this: not only is Shamima Begum a British citizen, so were her children. That they were left to die in the refugee camp is an outrage.

    I think it's useful to compare with the case of Samantha el Hassani, an American citizen, who followed her husband out to Syria, taking their children with her (a couple more children were born in Syria). As soon as the US authorities got reliable information about their whereabouts, they sent in the special forces, extricated them from the refugee camp, flew them straight back to the US and threw the book at her. She ended up making a plea bargain and is currently sitting in a federal jail. This seems to me a much more satisfactory way of dealing with the situation.

    The excellent BBC podcast I'm not a Monster tells both women's stories.
  • North East QuineNorth East Quine Purgatory Host
    I second la vie en rouge's recommendation of the I'm not a Monster podcast.
  • I guess HM Government will not want to re-admit the IS fighters and HM Opposition won't be pushing for it either. So on this issue they are all morally inferior to both George Osborne (thanks for that excellent column @chrisstiles ) and Donald Trump, which seems a bit depressing.

    Apropos of exactly nothing, it is going to take some time for me to see HM and think "His Majesty" and not "Her Majesty".
  • Martin54Martin54 Suspended
    edited January 10
    To me the most scandalous aspect of it all is this: not only is Shamima Begum a British citizen, so were her children. That they were left to die in the refugee camp is an outrage.

    I think it's useful to compare with the case of Samantha el Hassani, an American citizen, who followed her husband out to Syria, taking their children with her (a couple more children were born in Syria). As soon as the US authorities got reliable information about their whereabouts, they sent in the special forces, extricated them from the refugee camp, flew them straight back to the US and threw the book at her. She ended up making a plea bargain and is currently sitting in a federal jail. This seems to me a much more satisfactory way of dealing with the situation.

    The excellent BBC podcast I'm not a Monster tells both women's stories.

    Not the same as if they'd been born in Britain tho'. But yes, she should have been located and extracted. The US did the right thing.
  • If we are going to claim treason in a war, then we actually need to declare a war.

    Nobody other than LC has claimed they're guilty of treason. I was quite explicit that the law they've openly and deliberately broken is the Terrorism Act 2000, specifically Section 11 thereof.

    If you join a terrorist group and devote your life to the furtherance of their aims (be it by actively fighting or otherwise) then the fact that you only did so because you were stupid or naïve enough to buy in to their propaganda is not an effective defence.
  • Gramps49Gramps49 Shipmate
    We need to close the detention centers where accused ISIS followers are being held. This also includes many families who were also caught up in the dragnet. There are some 30,000 children who are also being held in these centers. The best way to close these camps is to send them to the countries of origin and let them be subject to the laws of that country.
  • North East QuineNorth East Quine Purgatory Host
    Originally posted by Marvin the Martian:

    If you join a terrorist group and devote your life to the furtherance of their aims (be it by actively fighting or otherwise) then the fact that you only did so because you were stupid or naïve enough to buy in to their propaganda is not an effective defence.

    What if you were stupid, naive and aged just 15? Ten days after she arrived in Syria she was married to a 23 year old, something she doesn't seem to have envisaged, or certainly not envisaged happening quickly, at the point at which she left the U.K.
  • Originally posted by Marvin the Martian:

    If you join a terrorist group and devote your life to the furtherance of their aims (be it by actively fighting or otherwise) then the fact that you only did so because you were stupid or naïve enough to buy in to their propaganda is not an effective defence.

    What if you were stupid, naive and aged just 15? Ten days after she arrived in Syria she was married to a 23 year old, something she doesn't seem to have envisaged, or certainly not envisaged happening quickly, at the point at which she left the U.K.

    And as above, she and her companions wouldn't have even made it into Syria at that point if not for the intervention of an agent of the Canadian intelligence services.
  • Whether war is declared or not, to 'adhere to the King's (Queen's) enemies without the realm' is high treason.

    The problem is that the Treason Act 1351 is an arcane law that is not normally applied, even in the most egregious cases. However, it remains a statute and ought to be reformed/revised for the modern world.

    The Treason Felony Act 1848 is a tad more modern but again needs to be revised, not least in the light of conflicting Human Rights law in regard to some of its provisions. Again, I'm not aware of it being enforced for years. In my view, moribund laws are bad laws and ought either to be repealed or modernised, not simply left lying about.

    What I feel is strange is that other persons in a similar case have been allowed to come home and go scot-free, while this woman is penalised. Of course, it is now politically difficult to allow her home as her name is mud and the government would be called weak, accused of pandering to terrorists and so on. It is, to say the least, unfortunate. If she does come back she will probably have to be prosecuted for something just for the look of it.
  • BroJamesBroJames Purgatory Host
    edited January 11
    I think you’ve misquoted the Act which says
    be adherent to the King’s Enemies in his Realm, giving to them Aid and Comfort in the Realm, or elsewhere
    I think leaving the realm to be adherent to the monarch’s enemies is a different case. Although the Casement trial established that as interpreted at the time “or elsewhere” applied both to being adherent and to giving aid and comfort. The comma before “or elsewhere” is not original to the AngloNorman text of the Act.

    I think, however, the monarch only has ‘enemies’ when a state of war exists (apart from planning, aiding, or executing direct personal attacks on him/her).
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