Repressing the Foreign Fighters Phenomenon in Western Europe: Towards an Effective Response Based on Human Rights

Abstract

This Research Paper explores how the foreign fighters phenomenon and terrorism more generally is repressed in Western Europe. It looks at a few specific repressive measures announced or adopted by France and the Netherlands, as well as criticism expressed against these proposals and measures. In addition to these two detailed analyses, references will also be made to other developments in Western Europe which appear to be indicative of a more general trend in which human rights increasingly seem to be put on the back seat when countering the phenomenon of foreign fighters and terrorism more generally. In the final section, a number of concluding thoughts and recommendations will be offered which explain why only a response based on human rights will be effective in countering this global problem in the long run. Dr. Christophe Paulussen is an ICCT Research Fellow, a senior researcher of international humanitarian law/international criminal law at the T.M.C. Asser Instituut, and coordinator of the inter-faculty research platform 'International Humanitarian and Criminal Law Platform'. Before moving to The Hague, Christophe worked as an assistant professor at Tilburg University, where he defended, in 2010, his PhD thesis Male captus bene detentus? Surrendering suspects to the International Criminal Court. This thesis received a special mention from the Jury of the Max van der Stoel Human Rights Award 2011 and has been used in proceedings before the ICC. Christophe's areas of interest are international humanitarian law, international criminal law, in particular the law of the international criminal(ised) tribunals, and counter-terrorism & human rights, in particular the issue of foreign fighters. On the latter topic, he has advised the UN and the Council of Europe. He is also a contributor to and co-editor of the collected volume Foreign Fighters under International Law and Beyond (T.M.C. Asser Press/Springer Verlag, 2016). About ICCT The International Centre for Counter-Terrorism – The Hague (ICCT) is an independent think and do tank providing multidisciplinary policy advice and practical, solution-oriented implementation support on prevention and the rule of law, two vital pillars of effective counter-terrorism. ICCT's work focuses on themes at the intersection of countering violent extremism and criminal justice sector responses, as well as human rights related aspects of counter-terrorism. The major project areas concern countering violent extremism, rule of law, foreign fighters, country and regional analysis, rehabilitation, civil society engagement and victims' voices. Functioning as a nucleus within the international counter-terrorism network, ICCT connects experts, policymakers, civil society actors and practitioners from different fields by providing a platform for productive collaboration, practical analysis, and exchange of experiences and expertise, with the ultimate aim of identifying innovative and comprehensive approaches to preventing and countering terrorism.