Reconceptualising the Legal Response to Foreign Fighters

Ip, John

doi:10.1017/s0020589319000447

Cited by 6 publications

(2 citation statements)

References 42 publications

(20 reference statements)

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“…As a result, it artificially constructs all foreign fighters as terrorists; in effect, blurring the analytical distinction between different categories of foreign volunteer outlined in the literature. 76 Instead, as it was suggested earlier, I argue we should view foreign fighting as a specific subset of foreign volunteerism. As Arielli explains, when considering the foreign fighter issue, the term 'foreign volunteer' provides a more appropriate starting point for several reasons.…”

Section: Critiquing the Ftf Concept And Un Security Council Resolutio...mentioning

confidence: 89%

The concept of the foreign terrorist fighter: An immanent critique

Baker-Beall

2022

Eur. j. of int. secur.

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The conflicts in Iraq and Syria have led to concerns in the West over ‘foreign fighters’. Although states are anxious about the role these individuals play in the conflicts they join, their primary concern relates to the perceived ‘terrorist’ threat they pose on their return. This fear has led to an evolution in the international policymaking arena, with foreign fighters now often referred to as ‘foreign terrorist fighters’ (FTFs). A Critical Theory-inspired immanent critique is offered to highlight various problems that exist with the FTF term and to argue policymakers should resist its use. The article demonstrates the importance of language by showing how the invocation of the FTF threat has strengthened the ongoing development of globally coordinated counterterrorism action. Specifically, it argues UN Security Council Resolution 2178, agreed in 2014, generates a legal obligation upon UN member states to implement new counterterrorism laws at national level to combat the perceived threat from FTFs. The article highlights the negative effect these laws have on human rights. It is argued institutions like the UN need to ensure new counterterrorism legal instruments are built from a human rights rather than security-first perspective if commitments to human rights in transnational counterterrorism are to be fully realised.

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Section: Critiquing the Ftf Concept And Un Security Council Resolutio...mentioning

confidence: 89%

The concept of the foreign terrorist fighter: An immanent critique

Baker-Beall

2022

Eur. j. of int. secur.

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“…When a group is defined as a terrorist organization, participating in their actions, traveling to join them, supporting them, or even conducting their propaganda and many other actions can be criminalized 113 . When each state fills this definitional gap with its political approaches, activities of organizations SDÜHFD • Cilt: 13, Sayı: 2, Yıl: 2023 labeled as terrorist organizations for supported political objectives can also be left outside the normative framework intended for foreign terrorist fighters.…”

Section: B Normative Situationmentioning

confidence: 99%

Legal Status in the Donbas Conflicts: Foreign Fighters, Mercenaries, Far-Right Radicals

GÖK

2023

Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi

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On January 6, 2021, an armed group of about two thousand people, who could not accept the loss of the election of former President Donald Trump, stormed the US Capitol. David C. Rapoport, who received many references to the wave theory of his in terrorism studies, penned an article on the Capitol Attack and said that he wondered what could happen when far-right actions coalesce into big movements. February 23, 2022, as the United Nations Security Council convened to resolve the ongoing tension between Russia and Ukraine, Russian President Vladimir Putin authorized the entry of the Russian Army into Ukraine on television screens. He said the 'special operation' was carried out under Article 51 of the United Nations Charter. The Donbas Conflict, which has been going on since 2014, seems to have presented a historic opportunity to the far-right radicals. Special military forces, foreign fighters, far-right radicals, terrorist organizations, states used force/violence. The conflicts attracted the attention of far-right radicals, and radicals found ample scope for legitimate use and access to the means of violence. The aim of the study is to present the legal framework of the space created by the Donbas Conflicts for far-right radicals. For this purpose, the legal framework applicable to the conflict will be drawn, the rights and authorities granted to the actors within this legal framework will be determined, and it will be investigated what kind of freedom the far-right radicals have achieved within this legal framework.

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Family Courts as Part of States’ Counter-Terrorism Toolkit: A Welcome Development for the Children of FTFs?

Ark

2023

Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward

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Reconceptualising the Legal Response to Foreign Fighters

Cited by 6 publications

References 42 publications

The concept of the foreign terrorist fighter: An immanent critique

The concept of the foreign terrorist fighter: An immanent critique

Legal Status in the Donbas Conflicts: Foreign Fighters, Mercenaries, Far-Right Radicals

Family Courts as Part of States’ Counter-Terrorism Toolkit: A Welcome Development for the Children of FTFs?

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