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.

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.

This Academy Briefing addresses the status and regulation under international law of so-called 'foreign fighters', non-nationals who are involved in armed violence outside their habitual country of residence, including in armed conflict as defined under international humanitarian law (IHL).

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.

The term ‘foreign fighters’ describes nationals of one state who – for whatever variety of reasons and motives – travel abroad to take part in a conflict in another state without the promise of financial reward. The majority of attention has so far been focused on the nationals of Western European states who have gone to fight for the so-called Islamic State in Syria. There exist, however, other examples of contemporary European foreign fighters whose travails, motivations and returns have been largely unnoticed and underappreciated. This books attempts to balance this state of affairs by bringing to the fore some lesser known cases of non-terrorist but foreign fighters related to the conflict in Ukraine, and situating them against the backdrop of the larger mobilization for the war in Syria. This book presents edited versions of the 12 papers presented at the NATO Advanced Research Workshop (ARW) ‘Not Only Syria? Foreign Fighters: A Threat to NATO Allies and Their Neighbours’. The workshop was held in Chisinau, Moldova, in May 2016, and brought together researchers and experts in the field to discuss the differences, similarities and parallels between different groups of foreign fighters engaged in the conflicts in Syria and the Ukraine. The papers include contributions from the Netherlands, Belgium, Denmark and Poland among others, and examine cases of foreign fighters from these and other countries. The book will provide an interesting context to researchers who have, up to now, looked only at a single set of such fighters, and will lead to tangible recommendations on how to develop policies to address the threat posed by returnees from any conflict.

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.

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.