Dilemmas regarding returning ISIS fighters

ABSTRACT The forces of ISIS (the so-called Islamic State) have lost most of the territory they held in Syria and Iraq, and the anti-ISIS forces are inclined to declare victory. On the presumption that we are in a context of aftermath to this struggle, that aftermath will itself be characterized by serious difficulties. A crucial problem in this context is that of returning foreign fighters. It is estimated that some 5600 persons left western countries to join the ISIS forces. Many of these men and women have been killed or imprisoned. Some will remain abroad to continue violent activities in alliance with ISIS or other jihadist forces. And some will seek to return home to the country they left. Regarding these people, referred to here as returnees, important issues of ethics and policy arise. These issues are likely to be disturbing and polarizing, with the result that some governments hold back from discussing them. Thinking that dodging the issues is a mistake, we explore some of them here, first setting the context in which they arise and then describing the central ethical dilemmas, which the tension between efforts to protect public safety and concern for the rights of suspected persons.