The law change this by the British Supreme Court this year meant that any subjects facing the death penalty would not have evidence against them supplied by the British.
This means that any vital information resulting in their prosecution could be left out if it was only in the hands of British intelligence, meaning people could get away with murder and terrorism
However, the United States have promised Britain they will not execute two British men who are currently being held in Iraq.
Alexanda Kotey, 36, and El-Shafee El-Sheikh, 32, both from London joined ISIS and became part of the ‘Beatles’ terror group.
They were feared across the Levant and were said to be headed by ‘Jihadi John’ before he was killed in an airstrike.
The Beatles group are said to be responsible for ‘hundreds’ of terror acts in Iraq and Syria including the gruesome beheadings of western prisoners including journalists and aid workers.
Prosecutors in the US initially planned to seek Kotey and El-Sheikh’s execution – and the British government want the pair prosecuted in the US, where it is thought there is a more realistic chance of prosecution than in UK.
The UK also stripped the two men of their British citizenships in 2018 after they were arrested by Syrian Democratic Forces.
Last week US Attorney General Bill Barr said capital punishment could be dropped in any cases against them in an effort to pave the way for the men to finally face justice and stand trial in the US.
The UK Supreme Court agreed and will now extradite them to the United States where they face life in a maximum security prison.
Kotey, of Ladbroke Grove, West London, said: ‘I would not want to spend time in a prison in the US. That would not be good. That would be the worst thing that could happen.’
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