31. The Return of the Foreign Fighters and Their Families to Their Homeland: Existing Practices and Considerations Regarding Security and Human Rights
- Author:
- Katerina Christoforaki
- Publication Date:
- 08-2023
- Content Type:
- Special Report
- Institution:
- The Centre for Security Studies
- Abstract:
- The creation of Islamic State of Iraq and Syria (ISIS) has attracted an unprecedented flow of thousands of people from more than 100 countries all over the world to join their cause. After the fall of the so-called caliphate, the countries involved have to deal with the aftermath of the conflict and the future threat of the resurgence of ISIS or other terrorist groups. The people who volunteered and joined ISIS might pose a security threat in the future. This paper aims to examine the different approaches that countries have taken regarding the return of foreign fighters (FFs) and their families who joined ISIS to their homeland. This is a multidimensional and complex matter since it has legal, moral, and political implications, and therefore the decisions in this regard are never unanimous, nor do they come without criticism and opposition. On the one hand, it would be easier to just leave the FFs and their families there, prosecute them there and incarcerate them there. It would also be easier to collect evidence and to have testimonies of the witnesses and the survivors, and also it would keep the potential security threat away from their homeland. However, this would only be beneficial for the countries of origin and in the short term as it wouldn‘t solve the problem of radicalization. In fact, it might fuel it even more, and the proximity of the ISIS member in prisons or in camps could benefit them to rebuild their network and plan future attacks. Moreover, leaving them there would be against all human rights norms regarding the death penalty, fair trial, torture, rights of the child, and more. On the other hand, the return of the fighters and their families could indeed pose a danger to the security of the homeland. Not all of the returnees have committed punishable crimes and for those who have, very often there is not enough admissible evidence to the national courts. In fact, in the case of women and children, the countries are more reluctant to their return because they might have not taken part in the atrocities but that does not mean that they are innocent and bear no responsibility. Complicated is also the case of children and teenagers, some of whom have taken part in the atrocities willingly or unwillingly, some were brought by their families, some traveled alone in order to join ISIS, and some were born under ISIS control and risk statelessness.
- Topic:
- Security, Human Rights, Counter-terrorism, Islamic State, Foreign Fighters, and Repatriation
- Political Geography:
- Iraq, United Kingdom, Europe, France, Germany, Syria, United States of America, and Bosnia and Herzegovina