Germany to strip 'Islamic State' fighters' citizenship — report

Germany's Interior Ministry and Justice Ministry have reportedly agreed on a proposal to expatriate IS fighters. Interior Minister Horst Seehofer had tried to link the legislation with broader citizenship reform.

Germany's governing coalition has agreed to strip fighters of the "Islamic State" (IS) militant group of their citizenship, according to German outlets Süddeutsche Zeitung, NDR and WDR.

The new law would apply only to jihadis who are of age, have a second nationality and take part in future battles as part of IS. It would not be applied retrospectively, and thus would not affect IS fighters who are currently imprisoned.

Read more: Germany preparing to prosecute dozens of IS fighters

Germany's Nationality Act already includes a similar rule for dual nationals who join "the armed forces or a comparable armed unit" of another country without the permission of the German Defense Ministry.

The new legislation would expand the Nationality Act to apply to someone who "takes part in combat operations abroad for a terrorist militia," which is defined as an "armed paramilitary organization" that violates international law in order to "establish a new state or state structures."

Internal disagreement

The governing coalition, comprised of German Chancellor Angela Merkel's conservatives (CDU/CSU) and the center-left Social Democrats (SPD), had pledged to reform the law last year.

But disagreements between the CDU/CSU and SPD stopped them from agreeing on a concrete proposal. The head of the CSU in the German Bundestag, Alexander Dobrindt, reportedly accused Justice Minister Katarina Barley from the SPD of delaying the legislation last week.

Read more: Germany turning away more Yazidi refugees

Barley is said to have resisted attempts by Interior Minister Horst Seehofer, a politician from the Bavarian CSU party, to link the legislation with further citizenship restrictions not directly related to terrorism.

Part of Seehofer's initial proposal to the Justice Ministry was to allow authorities to strip children under the age of five of their citizenship if their parents had unlawfully acquired German citizenship, for instance, by deception.

Related Subjects

Read more: EU foreign ministers discuss taking back 'IS' fighters

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Transatlantic friction over captured 'IS' fighters

Seehofer reportedly gave up on the draft law following strong opposition from the Justice Ministry, but plans to present a new draft bill regarding citizenship as soon as possible.

Germany has been debating what to do about its citizens who fought for IS in Syria and Iraq since US President Donald Trump called for the repatriation and prosecution of some 800 foreign fighters in February.

Former 'IsIamic State' militants return home to northern Syria

The Shammar tribe

The Shammar tribe's militia, the Al-Sanadid forces, control swathes of land in north-eastern Syria, close to the Iraqi border. Until recently, they were part of the US-backed Syrian Democratic Forces (SDF) and at present the Shammar belong to the Kurdish-led civilian leadership in northern Syria.

Former 'IsIamic State' militants return home to northern Syria

Friday prayers

In the compound of Shammar leader Sheikh Humaydi Daham al-Hadi, tribesmen from the surrounding villages attend Friday prayers. Former IS members are also known to be in attendance.

Former 'IsIamic State' militants return home to northern Syria

Tribal connections

Former IS members fled the group after hearing the Sheikh’s call to defect. Once accepted by the Sheikh, the detainees are transferred to the Syrian Democratic Forces (SDF), where they are imprisoned and subsequently put on trial. Only then, are they allowed to re-join the tribe.

Former 'IsIamic State' militants return home to northern Syria

Tucking in

Guests eat a traditional lamb and rice meal. According to Sheikh Humaydi, the Shammar do not take in former IS fighters. However, the Shammar communications official Abdulhamid Al-Askar contradicted that and claimed Al-Sanadid forces have also incorporated former fighters.

Former 'IsIamic State' militants return home to northern Syria

Mediation efforts

In the evening, the Sheikh hosts guests and mediates between local disputes. "This national conflict will end one day, but the religious one will continue," said Sheikh Humaydi. "We have the same goal as the west — the fight against terrorism; now we’re mediating between the former IS fighters, and those who suffered under the group."

Former 'IsIamic State' militants return home to northern Syria

Cross-border tribal network

Shammar tribesmen greet guests from Iraq. "There are those [in Syria] who joined IS only because of pressure from their leaders," said Sheikh Humaydi, "and because we have tribal influence, they come back to us."

Former 'IsIamic State' militants return home to northern Syria

Strict hierarchies

Once they defect, former IS members blend back into the rural and strictly hierarchical society. Shammar leaders, on the other hand, maneuver to position themselves as crucial peacemakers in the region. According to the Sheikh, British and US delegations have recently paid a visit.

Former 'IsIamic State' militants return home to northern Syria

Staying incognito

Abu Hassan did not want to reveal his real name for fear of IS reprisals. He claims to have never fought for IS, and only joined the group in 2015 to be able to continue working as a school teacher. "We thought IS would bring justice, as we suffered so much under the [Assad] regime," he said in an interview during which the Sheikh’s son and two Sanadid militiamen were present.

Former 'IsIamic State' militants return home to northern Syria

Successful rearguard action

Bandar Humaydi, commander of Al-Sanadid Forces and the son of Sheikh Humeydi, led a successful defense against IS fighters in 2014/15, when their village was almost completely surrounded by advancing IS forces.

Former 'IsIamic State' militants return home to northern Syria

Games without frontiers

Shammar youths and under-age Sanadid militiamen play a chaotic game of football; a decrepit train track connecting Syria and Iraq lies abandoned nearby. At present, hundreds of IS members have taken the tribal route out, according to the Sheikh, although the exact numbers are not disclosed.

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