2. Membership of a Terrorist Organisation
In Germany, neither the legal nor the political situation has been finally clarified. The German Federal Prosecutor’s Office is already working on the identification of the persons in order to be able to bring them to trial as quickly as possible should they actually return to Germany. There is concern that until a possible return there is not enough evidence available to take the persons concerned immediately into custody. In addition, there is concern that the fighters concerned can only be proven to be members of a terrorist organisation. The consequence would be that even in the event of a conviction, they could be released from prison after a few years. According to German law, long-term imprisonment or detention would only be possible if the concrete participation in the crimes of the IS, in particular murder, torture or rape, could be proven to one individual. This is likely to be difficult in most cases.