Abstract
Since the territorial defeat of the Islamic State of Iraq and Syria (ISIS), debates and questions on what states should do (individually and or collectively) with foreign terrorist fighters (FTFs) from their countries have become more relevant yet controversial. This article critically investigates whether states of origin have an obligation to repatriate ISIS FTFs under international law as well as what options are available for such countries in dealing with returning ISIS fighters based on a human rights approach. This article also highlights that the current international legal framework is generally moving toward the repatriation of FTFs for the purpose of prosecution and rehabilitation. While states have taken diverse and controversial approaches in dealing with fighters who wish to return, the option to repatriate and fairly prosecute them in their countries of origin is seen as the most comprehensive and preferred approach, not only for the countries of origin but also for the international community as a whole in the long term.
Highlights
The phenomenon of foreign fighters is nothing new in the global arena (Flores, 2016; Metodieva, 2018; Schmid, 2015; United Nations Office on Drugs and Crime [UNODC], 2017)
This has led to the emergence of the term foreign terrorist fighters (FTFs), which first developed in the mid-2010 due to its global scale
The FTF concept was further introduced in United Nations Security Council Resolutions (UNSCRs) 2170 and 2178, both of which were unanimously adopted in 2014 under the 1945 Charter of the United Nations (UN Charter)
Summary
The phenomenon of foreign fighters is nothing new in the global arena (Flores, 2016; Metodieva, 2018; Schmid, 2015; United Nations Office on Drugs and Crime [UNODC], 2017). What is new is the size of the phenomenon as well as the fact that it is increasingly conceptualized from the perspective of terrorism (Bilkova, 2018). This has led to the emergence of the term foreign terrorist fighters (FTFs), which first developed in the mid-2010 due to its global scale. FTFs include all individuals who travel to another state (other than their states of nationality or residence to plan, prepare or participate in acts of terrorism). In connection with armed conflicts, the issue of FTFs has for years constituted and posed a major threat to the international peace and security.
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