Foreign fighters and international criminal law

Abstract

This chapter examines the phenomenon of ‘foreign fighters’ from an International Criminal Law point of view. The author examines whether the mere status of ‘being a foreign fighter’ entails any kind of individual criminal responsibility. Furthermore, the types of international crimes that may potentially be committed by foreign fighters in international and non-international armed conflicts, but also outside of armed conflict scenarios, will be examined. The chapter further discusses the different modes of liability which could be applicable regarding the respective crimes committed by these kinds of actors. Finally, this chapter explores in which national and international fora foreign fighters might be prosecuted for committing international crimes and which conditions need to be met in order for such prosecutions to take place.