Around 50 French nationals accused of belonging to Islamic State are due to begin facing trial in Iraq from Sunday, September 20, reopening a dispute over whether France should repatriate and prosecute its own suspected jihadists.
Forty-seven of the defendants were transferred from Kurdish custody in Syria to Iraq in July 2025. Two young adults who were minors at the time of their alleged conduct were transferred in early 2026.
Lawyers representing 25 of the detainees say French consular officials informed them on September 16 that hearings could begin from Sunday.
The French lawyers have no formal role in the Iraqi proceedings and say they have not received the case files.
Death penalty possible
The trials carry particularly high stakes because people convicted of terrorism offences in Iraq can face the death penalty.
Eleven French jihadists received death sentences in Iraq in 2019, although those sentences were subsequently commuted to life imprisonment.
France opposes capital punishment and has repeatedly said it intervenes diplomatically when French nationals face a possible death sentence abroad.
Lawyers for some of the current detainees have alleged torture, degrading treatment and inadequate access to defence counsel in Iraq.
Those allegations have not been established by a court.
The lawyers have sought intervention from France and the European Court of Human Rights to secure the detainees’ repatriation.
France already investigating suspects
France has resisted wholesale repatriation of adult nationals suspected of joining Islamic State.
At the same time, French anti-terrorism prosecutors are already investigating the detainees and international arrest warrants remain in force.
That means some of the suspects could potentially face French proceedings if returned.
Representatives of some terrorism victims have supported prosecutions close to where the alleged crimes occurred, provided defendants receive fundamental legal protections and executions are excluded.
The Iraqi proceedings now bring those competing considerations directly into court.
The defendants are French citizens accused of serious terrorist offences connected to Iraq and Syria. Iraq is preparing to prosecute them where many of the alleged crimes occurred.
But the same proceedings could expose them to a punishment France rejects and legal procedures their lawyers are challenging.
The first trials are expected to begin on Sunday.
Sources
- Le Monde – French jihadists held in Iraq set to be tried from Sunday
- Le Monde – 25 detainees appeal to European Court of Human Rights for repatriation
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