Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK. Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia. Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
How have UK counter-terrorism laws and policies adapted to the phenomenon of 'foreign terrorist fighters'? For these purposes, the focus will be upon persons linked to conflict or terrorism in Iraq and Syria associated with the rise and establishment of Islamic State (Daesh). This broad agenda covers: the meanings of 'foreign terrorist fighters' and the formulation of policy against them; criminal justice, policing and prosecution aspects of response; and non-criminal justice aspects of response, including travel and citizenship measures and the Prevent policy.
All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.
While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still ‘learning by doing’, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue. The observations, recommendations and warnings included in this book will be useful in future debates on (returning) FFs, both in the academic world and in the world of policy makers and practitioners, as well as to the public at large. Francesca Capone is Associate Professor of International Law at the Istituto DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy. Christophe Paulussen is Senior Researcher International Law at the T.M.C. Asser Instituut in The Hague, The Netherlands. Rebecca Mignot-Mahdavi is Lecturer in International Law at the Manchester International Law Centre, University of Manchester, School of Law in Manchester, United Kingdom.
Jihadism, Foreign Fighters and Radicalization in the EU addresses the organizational and strategic changes in terrorism in Europe as a result of urban jihadism and the influx of foreign fighters of European nationality or residence. Examining the different types of responses to the treatment of radicalization and its consequences in the recruitment of young urban fighters and jihadists, this book offers a framework for understanding the process of violent radicalization. It critically analyses political and legal responses that have taken place within the European framework, whilst also examining a series of functional responses from social and behavioural psychology. This book then goes on to develop an explanatory model from an economic standpoint, exploring the need to adapt the fight against the financing of terrorism to the changes in the sources of financing jihadist cells and foreign fighters. Furthermore, the volume draws on experience from the prison sector to assess the process of radicalization and the possibilities of intervention. Taking an interdisciplinary approach, this book will be of great interest to students of terrorism and counter-terrorism, radicalization, European politics, radical Islam and security studies.
The participation of European foreign fighters in the recent armed conflict in Syria and Iraq poses a particularly intricate security conundrum in the field of counter-terrorism. This thesis assesses to what extent legal responses to foreign fighters at the international, European, and domestic level have been consistent with the rule of law and human rights. As the inherently transnational nature of the foreign fighter phenomenon has resulted in a labyrinth of legal obligations, the thesis scrutinises the complex interplay between legal norms at these three different levels. This assessment evaluates international and European legal instruments as well as domestic legal measures in the United Kingdom and the Netherlands against international rule of law and human rights standards. Throughout Europe's legal response to foreign fighters four fundamental challenges have emerged which have prevented states and international organisations from resolving the foreign fighter conundrum in accordance with the rule of law and human rights. Firstly, the UN Security Council's international legal regime on foreign fighters is premised on the flawed concept of the 'foreign terrorist fighter' yet fails to define terrorism. Overly capacious definitions of terrorism have proved to be inconsistent with the principle of legality and unsuitable to address the peculiarities of the modern-day foreign fighter phenomenon. Secondly, the thesis argues that attempts to resolve the foreign fighter conundrum through multilateral channels have by and large been inconsistent with the rule of law and human rights and have failed to add value to domestic responses. Thirdly, the foreign fighter conundrum has exacerbated the conflation between counter-terrorism law and international humanitarian law, to the detriment of the latter. Fourthly, the thesis analyses how legal responses to foreign fighters have sharpened the preventive turn that counter-terrorism law has taken in the aftermath of 9/11, at the expense of the rule of law and human rights.
