Christy Walsh calls for the prosecution of the theocratic fascist Lisa Smith under the terms of the Convention on the Prevention and Punishment of the Crime of Genocide.
We needed to … prosecute Isis – from the leaders down to the citizens who had supported their atrocities – for genocide and crimes against humanity - ISIS survivor Nadia Murad.
Irish national and self-proclaimed harmless ISIS Housewife, Lisa Smith, wants to come back to Ireland. More appropriately, as a member of ISIS, she should be extradited to face charges for her contribution to ISIS acts of genocide, crimes against humanity and war crimes.
According to media reports she believes there is little possibility of her going to prison because her only role was as some sort of harmless ISIS housewife. It is likely that she and other ISIS wives are getting their stories straight in preparation to being returned to their countries of origin. They no doubt are discussing the impossibility facing countries to proving what, if any, atrocities any of these women may have personally committed; especially where the victims may all be dead or scattered across the globe. No doubt they all intend to deny that they were ever ISIS fighters but that would not absolve them for their crimes.
Lisa Smith, mistakenly, seems to believe that she can return to Ireland with almost impunity other than she may lose her passport to prevent her from traveling. Even if Smith was not a combatant or part of the all-female morality police, the feared Al-Khansa Brigade, she can still stand trial under Irish law for the war criminal that she is. For the purposes of charges of genocide, crimes against humanity, or, war crimes one does not need to be a combatant: private individuals like Lisa Smith can also be liable.
Ireland does not need to prove Smith was ever an ISIS fighter before convicting her as a war criminal. She also denies she, unlike other wives, taught her ‘fighter’ husband how to use a gun. Regardless of her denials her defence of only being a housewife is not a defence against ancillary charges to acts of genocide, crimes against humanity and war crimes.
Irish law has been in place for more than a decade to specifically deal with the eventuality of people like Lisa Smith. Ireland incorporated, into Irish Law, the Convention on the Prevention and Punishment of the Crime of Genocide. The Convention was originally adopted by the General Assembly of the United Nations on 9 December 1948 and all contracting states, including Ireland, are committed to punish anyone involved or complicit in acts of genocide, crimes against humanity or war crimes.
The Rome Statute of the International Criminal Court (Rome Statute) was an important victory against impunity for large-scale human rights violations such as we have seen committed by ISIS. Ireland signed the Rome Statute on 7 October 1998 and ratified it on 11 April 2002. The statute established the International Criminal Court (ICC) at The Hague which hears cases involving genocide, crimes against humanity and war crimes.
The Dáil legislated into Irish law the International Criminal Court Act 2006 (2006 Act). Essentially, Smith’s inadequate defence is that because she was not a fighter then neither the Rome Statute nor Section 7 of the Irish 2006 Act would apply to her. Section 7(1) reads: "Any person who commits genocide, a crime against humanity or a war crime is guilty of an offence.” No doubt, Lisa Smith and the other ISIS wives are getting their stories straight in preparation of defeating any charges alleging their direct participation in war crimes.
Section 58 of the 2006 Act provides for the convening of a War Crimes Tribunal within the jurisdiction of Ireland instead of at The Hague. National prosecutions are considered the preferred means of prosecuting genocides and war crimes. The Rome Statute recognizes the primacy of national courts, since one of its guiding principles is that the ICC shall be complementary to national criminal jurisdictions. Ireland has a responsibility to every single victim of ISIS to prosecute any of its own nationals who may have contributed to ISIS crimes against humanity.
Section 9(3) of the 2006 Act allows for Lisa Smith to be tried in Ireland for ancillary war crime offences committed in Syria or elsewhere. Section 12(1) also states that:
An Irish national who does an act outside the State that, if done within it, would constitute an ICC offence or an offence under section 11(1) is guilty of that offence and liable to the penalty provided for it.
Any pending charges against Lisa Smith ought to reflect the seriousness with which Ireland views her involvement with ISIS. Specifically, section 66 of the 2006 Act amends the Defence Act 1954 where if Jane Smith was convicted of any offence(s) under section 7 (genocide, crimes against humanity and war crimes) or section 8 (ancillary offences) of the 2006 Act, then she could be liable for either a life sentence; a sentence not exceeding 30 years; or, if found guilty of several charges the accumulative sentencing must not exceed her serving more than 30 years.
Unfortunately for Lisa Smith, as an ISIS housewife, could at very least be liable under section 8 of the 2006 Act. Section 8 involves offences ancillary to genocide, crimes against humanity and war crimes. Lisa Smith’s lifestyle and occupying the plundered homes of ISIS victims are ancillary offence to direct acts of genocide or war crimes. Where Smith lived is an important factor because it likely involved the pillage or plunder of the homes and other property of ISIS victims. As a civilian housewife, Lisa Smith, would have participated directly in ISIS hostilities without becoming a combatant simply by occupying property plundered and pillaged by ISIS.
Ms Smith confirms that she was aware of the atrocities being carried out by ISIS but shows a complete lack of remorse for the terrible things that were done. She is reported to have defiantly asserted how "Isis was not over yet, not over yet”. And, disturbingly suggested that “maybe the Islamic State will rise again”. This woman’s views remain a threat to mankind.
Further, she detachedly opines: ‘Of course, anyone would think this person’s a psycho but to be honest what you seen is not how we lived, we lived very normal lives like back home.’ Normal lives? Perhaps as an ISIS homemaker; while she was making the beds, the owners of those beds where likely being subjected to something awful outside; like being beheaded, crucified or burned alive; and their children may have been sold as sex slaves. There is nothing normal about Lisa Smith or her ISIS lifestyle choice.
The convening of a War Crimes Tribunal in Ireland would afford any ISIS victims already living in Ireland to testify to the tragedies and horrors that they and their families had been subjected too when fleeing in terror from their homes. They would not need to identify Lisa Smith personally, they need only give an account of what it cost them in personal terms for Lisa Smith and other ISIS wives to live, as Smith describes “normal lives” in their victims plundered homes.
⏩ Christy Walsh was stitched up by the British Ministry of Defence and spent many years in prison as a result.