Dealing with European foreign fighters in Syria: Goverance challenges and legal implications

The number of European foreign fighters with a jihadist political agenda participating in the Syrian civil war has increased exponentially over the past months and has become an ever-growing concern for European policymakers. It is particularly the possibility that returned foreign fighters have radicalised that makes them a potential threat – if only to themselves and their direct surroundings. In this ICCT Research Paper, Edwin Bakker, Christophe Paulussen and Eva Entenmann examine some of the challenges, as well as possible strategies and legal mechanisms available for European policymakers to address the foreign fighters phenomenon. It first assesses the complex threat (potentially) posed by returning mujahidin to Europe’s security. The Paper then outlines some of the risk assessment and governance challenges that European policymakers, governments and legal practitioners face in relation to (potential) foreign jihadi fighters and returnees. Prosecution via international crimes will be analysed before turning to specific national practices. Here, the Paper focuses on a few European states that have a considerable number of departing foreign fighters as estimated by their own intelligence services: Austria, Belgium, France, Germany, Italy, Spain, the Netherlands and the UK. The Paper concludes with a series of recommendations.Security and Global Affair

Addressing Europe’s Foreign Fighter Issue

Since its beginning, the Syrian civil war has been marked by atrocities on both sides of the conflict and as diplomatic efforts fail to bring the various fighting factions to one table, there seems to be no end in sight for the increasingly sectarian conflict. The Syrian crisis has drawn in a range of outside factions and there are reports of some 11,000 non-Syrians fighting alongside government troops, opposition forces and other, often religiously-inspired groups. While most of these so-called foreign fighters come from neighbouring states, around 20 percent of them are estimated to come from Europe. Authorities at the national and international level try to counter these worrying developments via a plethora of means. This article focusses on the question of what legal tools and measures legislators can and should utilise to prevent potential fighters from travelling to Syria and/or prosecuting individuals upon their return, for example for acts committed while abroad or the possible preparation of terrorism-related acts. It analyses the legal avenues available on the international and domestic levels for addressing the issue of foreign fighters. As concerns the national level, the article focuses on the European states that appear to have the highest percentage of departed foreign fighters: Belgium, France, Germany, the Netherlands and the United Kingdom (uk). The authors conclude, among other things, that rule of law responses to the foreign fighter phenomenon in the countries investigated remains fragmented. Although at the European level, the attacks in Belgium in May 2014 have meant that calls for a comprehensive approach to the foreign fighter phenomenon have become more urgent, it is doubtful whether Europe will soon have a Union-wide response to this increasingly challenging problem.</jats:p

Returning Jihadist Foreign Fighters

Since the first reports detailing the presence of foreigner participating in the Syrian civil war in September 2011, the number of foreign fighters has increased exponentially. Especially European policymakers are worried about the potential threat posed by the presence of hundreds of European foreign fighters in Syria and the possibility that some of them could return to stage an attack. This article examines the challenges European policymakers face when addressing the foreign fighter phenomenon in general, and that of returnees in particular. The article first discusses the complexity of the (potential) threat posed by those that return from the fight in Syria. Next, it outlines the need for and challenge of providing an accurate threat assessment. The authors then present a number of recent ideas and proposals on how to deal with the phenomenon of foreign fighters in Europe. These proposals highlight the need for a mixed or comprehensive approach, which is sensible given the complexity as well as the multidimensional and international nature of the threat. However, it also poses an additional challenge to policymakers pertaining to the implementation of such an approach. This governance challenge is discussed by investigating the possible roles of various actors when dealing with returnees. Based on these findings, the concluding part presents a number of policy recommendations.</jats:p

Dealing with European foreign fighters in Syria : governance challenges & legal implications

Edwin Bakker; Christophe Paulussen and Eva Entenman