National responses in select western European countries to the foreign fighter phenomenon

Abstract

This Chapter looks at the specific national practices of those five European countries with the largest numbers of departed residents or nationals who have joined Sunni militant organisations in the Syria/Iraq conflict, namely Belgium, France, Germany, the Netherlands and the United Kingdom. Specifically, it examines the legal frameworks applicable to (potential) foreign fighters before, during and after travel with a particular focus on criminal prosecutions. Other measures, such as administrative sanctions, are also explored to provide a more comprehensive overview of how the selected States address the foreign fighter phenomenon within their respective jurisdictions. This Chapter shows that criminal law jurisprudence is still far from crystallised and more generally, that even though States on paper try to find a balance in their growing arsenal of measures countering foreign fighters, many of them are of a repressive nature and have received criticism. The authors argue that policy makers should strive for necessary and proportionate measures only, in full respect of international law, including human rights law.