Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward
Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward

Author: Francesca Capone

Publisher: Springer Nature

Published: 2023-03-24

Total Pages: 312

ISBN-13: 9462655715

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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.

Foreign Fighters under International Law and Beyond
Foreign Fighters under International Law and Beyond

Author: Andrea De Guttry

Publisher: Springer

Published: 2016-02-27

Total Pages: 533

ISBN-13: 9462650993

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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.

Foreign Fighters
Foreign Fighters

Author: David Malet

Publisher: Oxford University Press

Published: 2013-05-23

Total Pages: 269

ISBN-13: 0199939454

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Foreign Fighters is the comprehensive study of foreign fighters examines patterns of recruitment using original data sets and detailed diverse case studies, and how recruiters use frames of existential threat to strengthen rebel groups.

Europe's Foreign Fighter Conundrum
Europe's Foreign Fighter Conundrum

Author: Tarik Gherbaoui

Publisher:

Published: 2021

Total Pages: 413

ISBN-13:

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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.

Isis Defectors
Isis Defectors

Author: Anne Speckhard

Publisher:

Published: 2016-07-01

Total Pages: 372

ISBN-13: 9781935866718

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The authors hadn't intended to put themselves in danger but that's what happened as they interviewed an unprecedented thirty-two battle-hardened defectors about the gritty details of life inside ISIS. With unparalleled breadth, depth and access, ISIS Defectors: Inside Stories of the Terrorist Caliphate offers a compelling view of ISIS from men, women and teens now in hiding, having escaped the most brutal terrorist group in recent history. They were fighters and commanders, wives of fighters-living and dead, female enforcers, and Cubs of the Caliphate, including a child who volunteered and almost got sent as a suicide bomber at age thirteen. They discuss motivations for joining and defecting, and delve into news-making topics: coercing children to become suicide bombers; brides of ISIS and the brutal female morality police; Yazidi and Sunni sex slaves held in massive compounds where fighters use them at will; privilege bestowed on foreign fighters; prisoners kept for the sole purpose of beheading by new inductees. The defectors shared a startling array of photos and videos from personal cell phones and many are included in the digital version of this book. An unexpected subplot unfolded when Dr. Yayla found himself tailed by ISIS, and Dr. Speckhard barely missed two suicide attacks. But the authors are not deterred. As counter-terrorism experts with specialties in research psychology and law enforcement, they see ISIS as more than a terrorist group. ISIS is a brand that falsely sells dignity and purpose, justice and the restoration of glory-to vulnerable recruits-masterfully recruiting some 30,000 members online. It's the biggest influx of foreign fighters to a terrorist haven in history. Using the defectors own words, the authors intend to break the ISIS brand. They have videotaped these interviews to edit them into short clips, memes and tweets for an online counter-offensive. Speckhard and Yayla state that disillusioned ISIS defectors are the most influential tool for countering ISIS propaganda. The persuasive voices of these defectors and the resulting videos will soon invade ISIS chat rooms where their propaganda thrives. With over one thousand active investigations in the U.S. across all 50 states, discrediting ISIS ideology is essential to stopping it.

The Return of Foreign Fighters to EU Soil
The Return of Foreign Fighters to EU Soil

Author: Amandine Scherrer

Publisher:

Published: 2018

Total Pages: 102

ISBN-13: 9789284627943

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Since the Syrian conflict began in 2011, thousands of EU nationals have travelled or attempted to travel in conflict zones in Iraq and Syria to join insurgent terrorist groups, such as ISIL/Da'esh ('Islamic State'). Of those, it has been estimated that around 30 % have already returned to their home countries. The issue of foreign fighters has been high on the political agenda at both Member State and EU level for the last five years and touches upon a wide range of policies: policies related to the prevention of radicalisation; to information exchange at EU level; to criminal justice responses to returnees; to disengagement/deradicalisation inside and outside prisons. This study aims at outlining the EU response to the issue of returning foreign fighters and their families. It furthermore examines how six Member States have responded to this phenomenon so far (Belgium, Denmark, Germany, France, the Netherlands and the UK). These Member States are confronted with significant challenges in dealing with foreign fighters that combine legal, ethical and practical questions regarding their obligations and capabilities as regards the handling of the foreign fighters still abroad and the returnees already on EU soil. Meanwhile, Member States' existing programmes aiming at tackling radicalisation are difficult to evaluate, leading to uncertainties as regards the efficiency of current practices.

Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism
Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism

Author: Rumyana van Ark

Publisher: Edward Elgar Publishing

Published: 2024-09-06

Total Pages: 245

ISBN-13: 1800377126

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Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism emphasises the vulnerability of children in situations of war, conflict and radicalisation. Exploring issues of nationality rights and statelessness, chapters examine counter-terrorism measures such as the cancellation of citizenship as a strategy of pre-emption of violence while dissecting relevant cases across Asia, Australia, Europe and North America.

State Responsibility and Terrorism
State Responsibility and Terrorism

Author: Claudia Candelmo

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 265

ISBN-13: 1789906091

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This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks.

Untold Stories of the Spanish Civil War
Untold Stories of the Spanish Civil War

Author: Raanan Rein

Publisher: Taylor & Francis

Published: 2023-11-23

Total Pages: 258

ISBN-13: 1003824935

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This is the first scholarly volume to offer an insight into the less known stories of women, children, and international volunteers in the Spanish Civil War. Special attention is given to volunteers of different historical experiences, especially Jews, and voices from less researched countries in the context of the Spanish war, such as Palestine and Turkey. Of an interdisciplinary nature, this volume brings together historians and literary scholars from different countries. Their research is based on newly found primary sources in both national and private archives, as well as on post-essentialist methodological insights for women’s history, Jewish history, and studies on belonging. By bringing together a group of emerging and senior scholars from different countries, we highlight the polyphony of voices of diverse individuals drawn into the Spanish Civil War. Contributors to this volume have explored new or little researched primary sources found in archives and documentary centers, including papers held by relatives of the people we study. The volume is aimed at both scholarly and non-scholarly public, including any readers interested in the Spanish Civil War, twentieth-century European history, Jewish studies, women’s history, or anti-Fascism. The volume can be used in both undergraduate college courses and in postgraduate university seminars.

Yearbook of International Humanitarian Law, Volume 25 (2022)
Yearbook of International Humanitarian Law, Volume 25 (2022)

Author: Heike Krieger

Publisher: Springer Nature

Published: 2024-02-02

Total Pages: 323

ISBN-13: 9462656193

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Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL’s relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on defences to state responsibility, and counter-terrorism law. The Volume contains four articles dedicated to the subject of IHL and neighbouring frameworks. The Volume further features a Focus section on IHL controversies arising from Russia’s aggression against Ukraine, and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL, and will continue to do so in the future. As this Volume demonstrates, it offers a space where IHL-related issues can be explored both from a doctrinal and a theoretical perspective. It provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers, and students.