Download or read book Foreign Fighters under International Law and Beyond written by Andrea De Guttry and published by Springer. This book was released on 2016-02-27 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Returning Foreign Fighters Responses Legal Challenges and Ways Forward written by Francesca Capone and published by Springer Nature. This book was released on 2023-03-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Foreign Fighters Under International Law written by and published by . This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign Fighters Under International Law written by Sandra Kraehenmann and published by . This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Foreign Fighters written by David Malet and published by Oxford University Press. This book was released on 2013-05-23 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Download or read book Road Warriors written by Daniel Byman and published by Oxford University Press. This book was released on 2019-05-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Soviet invasion of Afghanistan in 1979, fighters from abroad have journeyed in ever-greater numbers to conflict zones in the Muslim world to defend Islam from-in their view-infidels and apostates. The phenomenon recently reached its apogee in Syria, where the foreign fighter population quickly became larger and more diverse than in any previous conflict. In Road Warriors, Daniel Byman provides a sweeping history of the jihadist foreign fighter movement. He begins by chronicling the movement's birth in Afghanistan, its growing pains in Bosnia and Chechnya, and its emergence as a major source of terrorism in the West in the 1990s, culminating in the 9/11 attacks. Since that bloody day, the foreign fighter movement has seen major ups and downs. It rode high after the 2003 US invasion of Iraq, when the ultra-violent Al Qaeda in Iraq (AQI) attracted thousands of foreign fighters. AQI overreached, however, and suffered a crushing defeat. Demonstrating the resilience of the movement, however, AQI reemerged anew during the Syrian civil war as the Islamic State, attracting tens of thousands of fighters from around the world and spawning the bloody 2015 attacks in Paris among hundreds of other strikes. Although casualty rates are usually high, the survivors of Afghanistan, Syria, and other fields of jihad often became skilled professional warriors, going from one war to the next. Still others returned to their home countries, some to peaceful retirement but a deadly few to conduct terrorist attacks. Over time, both the United States and Europe have learned to adapt. Before 9/11, volunteers went to and fro to Afghanistan and other hotspots with little interference. Today, the United States and its allies have developed a global program to identify, arrest, and kill foreign fighters. Much remains to be done, however-jihadist ideas and networks are by now deeply embedded, even as groups such as Al Qaeda and the Islamic State rise and fall. And as Byman makes abundantly clear, the problem is not likely to go away any time soon.
Download or read book Europe s Foreign Fighter Conundrum written by Tarik Gherbaoui and published by . This book was released on 2021 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Dignity and Human Security in Times of Terrorism written by Christophe Paulussen and published by Springer Nature. This book was released on 2019-12-09 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Freedom Fighters to Jihadists written by Vera Mironova and published by Causes and Consequences of Ter. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the start of the Syrian conflict in 2011, thousands of pro-democracy rebel groups spontaneously formed to fight the Assad regime. Years later, the revolution was unrecognizable as rebel opposition forces had merged into three major groups: Jabhat al-Nusra, Ahrar al Sham, and the Islamic State in Iraq and Syria (ISIS). Why did these three groups rapidly increase in size and military strength while others simply disappeared? What is it about their organizational structure and their Islamist ideology that helped group manage their fighters so successfully? With these questions at the forefront, this book examines the internal organization of armed groups and, in particular, their human resources. Analyzing the growth of these groups through the prism of a labor market theory, this book shows that extreme Islamist groups were able to attract fighters away from more moderate groups because they had better internal organization, took better care of fighters both physically and monetarily, experienced less internal corruption, and effectively used their Islamist ideology to control recruits. With unparalleled access and extensive ethnographic research drawn from her interviews and her year embedded with Iraqi Special Operation forces, Mironova delves deep into the ideological and practical nexus of some of the most radical groups in the Middle East. This book brings together more than 600 survey-interviews with local civilians and fighters on the frontline in Syria and a dataset of human resource policies from 40 armed groups; it is an invaluable resource for anyone who wants insight into the on the ground functioning of rebel organizations.
Download or read book Counter Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Download or read book Not Only Syria The Phenomenon of Foreign Fighters in a Comparative Perspective written by K. Rekawek and published by IOS Press. This book was released on 2017-05-30 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ensuring Respect for International Humanitarian Law written by Eve Massingham and published by Routledge. This book was released on 2020-07-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
Download or read book Defining Terrorism in International Law written by Ben Saul and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Byron to the Islamic State written by Alberto Rinaldi and published by . This book was released on 2019 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The figure of the 'foreign combatant/volunteer' has been haunting international law for quite some time now. A hybrid actor ranging between the romantic adventurer, the committed idealist, the racist, right-wing mercenary and recently the international terrorist, 'foreign fighters' have actually proved extremely difficult to systematize within the formal categories of law. Notably, these categorizations are also the result of highly contextual and deeply politicized assessments of whom is to be considered a 'good', or 'lawful' foreign fighter. As such, they have worked as to exclude other foreign fighters present in the battlefield, together with delegitimize political adversaries in tense ideological struggles in the context of non-international armed conflicts. By taking a detour in three distinct moments in the recent history of civil war, this thesis aims to show how different 'figures' of the foreign combatant have actually informed and keep informing the legal conversations of state representatives, policymakers, international lawyers and national courts in very different times and places. These 'figures', it is here contended, linger at the back of the various decisionmakers' arguments and positions, flooding and shaping their legal imaginaries. They form an ambivalent repertoire which can be revived and used each time to characterize the rightness or the wrongfulness of foreign fighters' causes, contributing to make of the 'foreign combatant' a very ambiguous category whose legacy will not cease to haunt international law.
Download or read book Foreign Fighters written by Robin Simcox and published by . This book was released on 2018 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever possible, Western governments should hold fighters who joined Islamist foreign conflicts and then return to their home countries legally accountable for their actions under domestic or international law. Legal accountability—and, when appropriate, incapacitation—would send a much-needed signal to those who choose to join terrorists that future “foreign fighter” travel is completely unacceptable. It would also show citizens across North America and throughout Europe that governments understand their concerns about national security. Allowances will be made in rare circumstances—especially for the very young—but at a time of elevated terrorist threat, Western governments should adopt a “safety first” mindset that prioritizes law and order. The alternatives posited are a mix of the failed, unproven, or overly forgiving, with the Danish model sending the wrong signal concerning the acceptability of foreign fighter travel. Governments must also urgently address the problem of prison radicalization, first by isolating the most dangerous terrorist prisoners from the rest of the prison population, and also by avoiding overcrowding.
