Kotey and Elsheikh captured in Syria in January by a U.S.-backed Syrian force are suspected of being among the "Beatles" - nickname given to four Islamic State militants because of their English accents. The "Beatles" took part in the kidnap, torture and murder of Western hostages.
Britain and the United States are in discussions about how and where they should face justice.
Javid wrote to Jeff Sessionsm U.S. Attorney General, saying Britain was not intending to request that the two captives be sent to the United Kingdom.
"I am of the view that there are strong reasons for not requiring a death penalty assurance in this specific case, so no such assurances will be sought," the letter said.
"As you are aware, it is the long held position of the UK to seek death penalty assurances, and our decision in this case does not reflect a change in our policy on assistance in US death penalty cases generally, nor the UK Government’s stance on the global abolition of the death penalty."Prime Minister Theresa May's spokeswoman said Britain want the militants to be tried in the most appropriate jurisdiction.
"It's a long-standing position of the government to oppose the death penalty ... as a matter of principle, We are continuing to engage with the U.S. government on this issue and our priority is to make sure that these men face criminal prosecution."Opposition Labour Party alleged Javid is "secretly and unilaterally" abandoning Britain's opposition to the death penalty.
"By doing so he is not just playing with the lives of these particular terrorists but those of other Britons - including potentially innocent ones - all over the world," said Labour's Shami Chakrabarti.The mother of James Foley, Diane Foley opposes the death penalty for the two if found guilty saying:
"I think that would just make them martyrs in their twisted ideology. I would like them held accountable by being sent to prison for the rest of their lives."
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