Portugal issues historic ruling against two former ISIS members with UNITAD support
In a significant step toward accountability for international crimes, the Lisbon Court of Appeal in Portugal issued a historic conviction against two brothers, former members of the Islamic State (ISIS), Ammar Ameen and Yaser Ameen, for their involvement in terrorist activities and crimes committed in Iraq after ISIS’s 2014 offensive and the takeover of Mosul and other cities in Iraq and Syria. In that context, the organization proclaimed a self-declared caliphate in the territories under its control. This conviction represents progress in the fight against impunity by states exercising jurisdiction over international crimes, even outside their borders.
Yaser Ameen and Ammar Ameen, aged 32 and 34 respectively, entered Portugal in March 2017 under the European Union refugee resettlement program, claiming asylum. In September 2021, they were arrested and placed in pre-trial detention on suspicion of belonging to a terrorist organization, in connection with their alleged roles in ISIS’s religious police (al-Hisbah) and intelligence services (al-Amniyah) in Iraq between 2014 and 2016.
On September 5, 2022, the Portuguese Prosecutor’s Office charged both men with a total of nine counts: eight for war crimes and one for membership in a terrorist organization.
Finally, on January 18, 2024, the Lisbon Court of Appeal sentenced Yaser Ameen to ten years in prison for membership in an international terrorist organization, as well as expulsion from Portugal for ten years. His brother, Ammar Ameen, faced additional charges of crimes against humanity for kidnapping and physically punishing an Iraqi citizen in a public square in Mosul, and for resistance and coercion against an officer. Ammar was sentenced to sixteen years in prison, also for membership in an international terrorist organization, for committing a war crime, and for aggravated threats. He was likewise sentenced to expulsion from Portugal for ten years.
Subsequently, the Portuguese Prosecutor’s Office appealed the judgment, arguing that there was sufficient evidence to prove both defendants had committed war crimes and that the sentences imposed were disproportionately lenient given the gravity of the acts. In May 2024, the brothers also filed an appeal against their convictions. To this day, the judicial process remains open.
All this was possible thanks to international cooperation between UNITAD (United Nations Investigative Team to Promote Accountability for Crimes Committed by Daesh/ISIL) and the Iraqi judicial authorities. In 2020, UNITAD received a request for assistance from Portugal’s Attorney General’s Office, leading to a joint investigation with Judge Raed al-Mosleh, President of the Federal Court of Appeal of Nineveh, Iraq. This collaboration enabled the identification of thirteen witnesses and victims who were interviewed by UNITAD. Prosecution witnesses gave testimony via videoconference during the pre-trial hearing, in the presence of the judge, prosecutor, and defense. Iraqi judicial authorities also facilitated remote testimony from defense witnesses in Mosul during the trial in Portugal.
In its December 2023 report to the United Nations Security Council, UNITAD highlighted the growing demand for assistance by third states with jurisdiction to investigate and prosecute ISIS crimes committed in Iraq. To date, the team has responded to requests from twenty states and has actively participated in seventeen cases that have led to formal charges, fifteen of which concluded with convictions against ISIS members or affiliates.
The ruling in Portugal thus adds to a growing list of judgments supported by UNITAD’s technical, legal, and expert assistance, in close coordination with the Iraqi judiciary. These efforts represent a model of effective international cooperation to confront the gravest crimes, ensuring that perpetrators are held accountable regardless of where they are found.
Marina de Leiva Álvarez, collaborator at FIBGAR.
