ERBIL, Kurdistan Region - France has acknowledged that Iraqi law provides for the sentences imposed on seven French nationals convicted of membership in the Islamic State (ISIS), while emphasizing its respect for Iraq’s sovereignty and judicial independence.
A diplomatic source from the French foreign ministry said in a written response to Rudaw that it does not comment on judicial decisions in other countries or interfere in ongoing legal proceedings.
“We note that the sentences handed down (life imprisonment and a 15-year prison sentence) are stipulated under Iraqi criminal law for the offenses of which these French nationals are accused,” the source said.
An Iraqi court on Tuesday sentenced six French nationals to life imprisonment and a seventh to 15 years in prison after convicting them of ISIS membership, according to Iraq’s Supreme Judicial Council (SJC).
The French Embassy attended the hearings as an observer, the source said, adding that further trials of French nationals were scheduled and that the embassy would continue to monitor the proceedings.
The ministry said the hearings demonstrated that the defendants had been informed of the charges against them and presented with the evidence contained in their individual case files.
“They had the assistance of an interpreter whenever necessary, as well as the opportunity to be defended by counsel of their choice, including a French lawyer,” the source said, provided the French lawyer was accompanied by a colleague admitted to the Iraqi Bar.
The defendants could also opt for a court-appointed Iraqi public defender, with hearings adjourned when necessary to allow lawyers to examine case files and prepare their defense, the source added.
The SJC said the seven convicted individuals were among 47 French nationals transferred to Iraqi custody from detention facilities in northeast Syria last year as part of a US-led international coalition operation.
The council classified the convicts as “high-risk” elements, citing their alleged role in threatening Iraqi national security, destabilizing Iraq and Syria, and inciting terrorist operations in other countries.
Between January 21 and February 12, the US Central Command reported that more than 5,700 adult male ISIS fighters had been transferred from detention facilities in Syria to Iraqi custody. The detainees included Iraqis, Syrians and nationals of dozens of other countries.
Iraq has faced mounting international scrutiny over its prosecution of suspected ISIS members, particularly regarding due process and the use of capital punishment.
In February, Human Rights Watch (HRW) accused Iraqi authorities of conducting rushed trials and raised concerns that some convictions relied on confessions allegedly obtained through torture. The organization also estimated that around 8,000 detainees were on death row.
Iraq generally prosecutes ISIS suspects under Article 4 of its 2005 Counter-Terrorism Law, which provides for the death penalty or life imprisonment for those who commit, incite, plan, finance or assist terrorist activities.
The Iraqi parliament conducted a first reading of a bill in October intended to address legal gaps in prosecuting mass atrocities, including genocide, crimes against humanity and war crimes.
The legislative initiative followed the closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by ISIS (UNITAD) in late 2024. The team withheld a significant portion of its evidentiary archives from Baghdad because UN rules prohibit sharing evidence for proceedings in which capital punishment may be imposed.
