Abstract
The Syrian Civil War is an interesting case in geopolitics if one looks at the evolution of foreign fighters. What began as a demonstration in a southern village of Syria transformed into one of the most devastating conflicts of the twenty-first century. The war brought new challenges to the world as a consequence of this now almost decade-long civil war. Myriad challenges are all too apparent: refugees, terrorism, and reconstruction, among them. The focus of this thesis is on foreign fighters, which I define as those involved in foreign terrorist organizations who continually challenge international law. Prior to the Syrian civil war, foreign fighters did not have extensive support. That came only with the temporary successes of the Islamic State of Iraq and Syria (ISIS) and other radical extremists during their zenith from 2014 to 2016. Today, the problem that needs to be resolved worldwide is how to handle the return of every foreign fighter as they return to their original homes. No corner of the globe is exempt since recruitment of these foreign fighters reached throughout six continents. Thousands of men and women joined ISIS, and now many will return home following the failure of the self-proclaimed caliphate. ISIS declared its caliphate in 2014, but even before then it used horrendous tactics to recruit new members and seize territory and power; indeed, other Islamic extremist groups pursued similar activities. Many of the crimes committed during the Syrian civil war—rape, massacre, ethnic cleansing, and genocide—were carried out by members recruited into these groups. That begs the questions: Will the world bring justice to the victims of this war? Can anything be done? If there is no court to hold accountable these violators of international law and international human rights, what recourse is there for holding these fighters accountable for actions that have ravaged and prolonged a conflict resulting in millions of displaced people and more than a half a million dead? This thesis aims to answer the following question: What is the most viable option for holding foreign fighters accountable when it is determined that they violated international law during the Syrian civil war? My research suggests that a new international tribunal is required, one that can hold foreign fighters in the Syrian civil war accountable for their actions. Most domestic laws stop short, deciding instead to charge a foreign fighter with membership in a terrorism organization when he/she attempts to return home. Many entities and governments point to international courts as the most viable option for rendering judgment. However, I identify several hurdles in that path, which I discuss. In sum, my research efforts lead me to a more viable approach: establishing an international tribunal through the United National Security Council. To this end, I offer specific suggestions to bring this realistic option to fruition.
Highlights
That begs the questions: Will the world bring justice to the victims of this war? Can anything be done? If there is no court to hold accountable these violators of international law and international human rights, what recourse is there for holding these fighters accountable for actions that have ravaged and prolonged a conflict resulting in millions of displaced people and more than a half a million dead?
This thesis aims to answer the following question: What is the most viable option for holding foreign fighters accountable when it is determined that they violated international law during the Syrian civil war? My research suggests that a new international tribunal is required, one that can hold foreign fighters in the Syrian civil war accountable for their actions
Using the examples of past tribunals like those established in Rwanda and former Yugoslavia, I detail how such courts would be relevant and necessary for bringing justice and restitution to bear on foreign fighters in the Syrian civil war
Summary
Holding foreign fighters accountable for their activities in armed conflict is a problem that affects virtually every country in the world. Tracking down and bringing to justice some of the participants in the Holocaust of World War II, or in conflicts in Rwanda, the former Yugoslavia, and Bosnia Herzegovina are examples of approaches utilized to bring some measure of resolution These conflicts each gave rise to its own tribunal where responsible parties whom violated international law were prosecuted. Hagel said its uniqueness was evident from its level of organization, its presence and clever use of social media, and the depth of training given to its members Hagel argued that this was the reason why ISIS was a “credibly powerful new threat.”. To fully understand the nature of the atrocities committed during the war, I give examples of some of the crimes reported This provides context for the challenges facing the international community. I argue that recognized groups on the ground in Syria need an adequate, centralized court system to which they can transfer and charge foreign fighter detainees
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