Foreign Terrorist Research Articles

‘Enemy of the state’: citizenship deprivation and the problem of returning foreign terrorist fighters

ABSTRACT This paper analyses the UK’s law and practice of citizenship deprivation as a counterterrorism measure to deal with returning foreign terrorist fighters. What used to be an “exceptional” measure has become increasingly institutionalised to give the executive broad powers even at the risk of making an individual stateless. The paper shows how the construction of the terrorist “other” and the resulting politics of fear lead to a productive relationship between law and securitisation: the executive is using law as a tool to justify its decisions in the process of securitisation, and securitisation becomes the driver for legal changes that institutionalises the executive’s power over its citizens. The paper uses the case of Shamima Begum and her attempts to return to argue that citizenship has become a securitised and racialised concept that is conditional on ill-defined criteria of what it means to be a “good” British citizen. Citizenship has shifted from being a right to being a privilege, contingent on the Home Secretary’s assessment of whether an individual adheres to “British values”. The fact that this only affects those of foreign heritage, means that there are different classes of citizenship which raises important questions of fairness and equality.

‘Social defence’ and the resilience of the domestic war on terror: A genealogy of social security, national security, and defence

Abstract Russia’s invasion of Ukraine has moved attention within International Security back to Great Power Politics and interstate war, and away from phenomena like ‘foreign terrorist fighters’ and lone actor terrorism. Is the War on Terror paradigm receding? This paper argues that counter-radicalisation imaginaries and counter-extremism programming will all remain stubbornly present despite the shift back to interstate war. The resilience of domestic War on Terror policies will stem from their integration within local municipality activity and social policy during the second decade of the 21st century. These policy areas and levels are detached from the international security community, meaning that shifts in attention at the global level will have little effect upon localised national security practices. The paper then interrogates how counterterrorism agendas have so successfully entered the world of social policy and local public administration, using genealogical methods to trace how social security and crime prevention were historically prefaced upon defence. The paper traces the policy paradigm of ‘social defence’ which dominated mid-20th century international organisations, targeting non-criminal juveniles with pre-emptive interventions to prevent ‘dangerous persons’ imperilling society. Effectively, this untold history of crime prevention in Europe demonstrates the profound interlocking of national security, social policy and defence across the 20th century, with implications for the resilience of this triad.

Extraterritoriality's Empire: How Self-Determination Limits Extraterritorial Lawmaking

AbstractIn recent years, a growing number of countries have courted controversy by regulating activities outside their borders. They have used extraterritorial lawmaking to cultivate competitive global markets, strengthen or weaken data privacy, combat foreign terrorism and military aggression, promote human rights abroad, and suppress political dissent at home. This Article explores whether extraterritorial lawmaking can be reconciled with the right to self-determination under international law. I argue that the right to self-determination entitles each national polity to determine the laws and institutions by which it is governed within its territory. Extraterritorial lawmaking violates the right to self-determination when it subjects peoples to legal norms they have not freely endorsed. This insight calls for a paradigm shift in how international lawyers evaluate extraterritoriality, with broad ramifications for legal theory and practice.

Security Officials’ Perspectives on Reintegration Challenges for Former Al-Shabaab Foreign Terrorist Fighters in Kenya

ABSTRACT This paper situates the perspectives of selected Kenyan security officials on the reintegration challenges for former foreign terrorist fighters (FTFs) (returnees) affiliated with the AlShabaab. The study reflects on the amnesty intervention program that was launched by the government in 2015 to rehabilitate AlShabaab returnees. This is a situation not unique to Kenya. Since the rise of the Islamic State in Iraq and Syria (post-2015), the dilemma became what states and, more principally, how western nations that had the bulk of foreign fighters would react upon their return from conflict theatres. In the Kenyan context, the rationale at the time was an unconditional surrender and consequently rehabilitation interventions to reintegrate these individuals into society. The Al-Shabaab is an insurgent group based in Somalia that has contributed to insecurity in the Horn of Africa region. This study, relying on a securitization theory lens, reflects on qualitative fieldwork insights with select government security officials in Kenya’s Mombasa and Nairobi Counties. The study probes how these officials frame the security threat that FTFs pose to Kenya, and indeed the region, and consequently their perspectives of reintegration challenges. The study findings present three major frames. The first is their framing of returnees as security threats. The second is their framing of returnees as hampered by legal/policy gaps. The third is their framing around gaps in community acceptance. The findings contribute to the literature on reintegration and offer lucid insights into how such programmatic interventions can be adapted for peacebuilding practice. The findings may be applied in the realm of contextual best practices on what works and does not in reintegration initiatives.

Analysis of the Potential Threat of Indonesian Foreign Terrorist Fighters in Syria to Indonesia

The movement of Foreign Terrorist Fighters (FTFs) in Syria has emerged as a global phenomenon, drawing serious attention from numerous countries due to its significant scale. Indonesia is among the nations contributing to the movement of FTFs in this context. A critical aspect currently under scrutiny is the discourse around their repatriation to Indonesia. Therefore, a key component that must be considered is the potential threat these individuals pose upon returning to Indonesia. To address this, the study employs a qualitative approach, gathering data through literature reviews and interviews with stakeholders directly involved with Indonesian FTFs. The research provides an analysis of the various potential threats posed by these FTFs upon their return to Indonesia, based on a review of literature and factual data regarding the actions previously undertaken by FTFs in Indonesia.

Shifting responsibilities and security threats by depriving foreign terrorist fighters of their nationality

Abstract One of the ways in which States of nationality have responded to the potential security threat posed by foreign terrorist fighters (FTFs) and their family members who travelled to Syria and Iraq, is by stripping them of their nationality. This practice constitutes a form of ‘buck-passing’, as States shun their responsibilities and export the problem to other States or actors like the Syrian Democratic Forces. When a State strips its nationality, the depriving State is no longer responsible to take back its former national, while another State of nationality is now responsible to admit the FTF or family member and subsequently prosecute, re-integrate, rehabilitate, and monitor her or him if necessary. Furthermore, when the person concerned poses a possible security threat, it is not only a responsibility over the person that is exported to other States but also a risk of terrorism as well as a burden to counter that risk. The practice of nationality deprivation has extensively been scrutinized from a human rights perspective, with a focus on its consequences towards the individual concerned. This article, however, takes a different approach and looks at this practice from the perspective of inter-state relations, focusing on how it affects other involved States or actors. Thus, instead of focusing on international human rights law, this article looks at the inter-state perspective to nationality deprivation and examines public international law’s position towards this practice of buck-passing by examining other rules and obligations.

The Politics of Foreign Terrorist Fighters in Europe: The Deterritorialization and Reterritorialization of Citizens?

The Politics of Foreign Terrorist Fighters in Europe: The Deterritorialization and Reterritorialization of Citizens?

A Normative Framing of the ‘Foreign Fighter’ in Contemporary Armed Conflicts

With its unsettled conceptualisation, the notion of a foreign fighter has garnered renewed attention this Century due to the large numbers of non-nationals involved in hostilities in places such as Syria and Ukraine. Unsurprisingly, the use of foreign fighters has often drawn strong reactions from adversaries on the receiving end who often term them 'mercenaries' or 'foreign terrorists' and usually assert a right to subject captured foreign fighters to unilateral treatment standards. Some States of origin have also rushed to strip their nationals participating in armed conflicts abroad of their citizenship. In light of this tendency to resort to extra normative approaches, the Paper uses doctrinal research methods to explore the position of foreign fighters under international humanitarian law, as the lex specialis for armed conflicts and human rights law, as appropriate. It advocates that policymakers and legal commentators always view foreign fighters through the prism of relevant legal norms.

The Management of Women and Children Associated with Foreign Terrorist Fighters upon Their Returns: A Focus Group Discussion on Possibilities for Repatriation with Practitioners and Government Officials in Indonesia

This article focuses on the management of women and children associated with FTFs upon their return to Indonesia, particularly from camps in Syria. This research highlights the urgency of preparing a mechanism for the returnees and the proposed alternative solutions, as the camps in Syria are expected to be closed in the near future. In addition, the use of risk assessment tools to identify the level of risk of each individual will determine how the repatriation process, time and individuals to be repatriated within a given period. The results of this research also point to the following as possible solutions (a) the establishment of rehabilitation and deradicalization centers within and outside the country, (b) the preparation of risk assessment and needs mechanisms, (c) the creation of an integrated child adoption system (SAAT) programme, and (d) the establishment of an early warning and early detection system mechanism at the community level.

Handling Deportants and Returnees of Former Foreign Terrorist Fighter: International and Domestic Law Perspectives

The defeat of the Islamic State of Iraq and Syria (ISIS) after the last war in Baghouz, Syria, by the Syrian Democratic Forces (SDF) in 2019 was not the end of the problem of global terrorism today. ISIS, which has sympathizers from different countries, currently leaves the problem of handling its deportees and returnees, including in Indonesia. This paper intends to examine the problems of deportants and returnees of former Foreign Terrorist Fighters (FTF) in Indonesia normatively, focusing on the political aspects of law, positive criminal law, and international criminal law. Based on the type of normative research, legislative, comparative, and conceptual approaches, this paper argues that the handling of deportants and returnees of former foreign terrorist fighters in Indonesia within the framework of positive criminal law still seems to be dominated by a paradigm of legal thinking that leans on aspects of restraint and retribution rather than prioritizing aspects of reformation and deterrence. In addition, positive criminal law instruments are still not sufficiently accommodating in supporting law enforcement in handling deportants and returnees of former FTFs in Indonesia.

The United States Approach to Prosecution of Women Terrorists Who Joined the Islamic State

In January 2012, the Secretary of State, in accordance with Section 219 of the Immigration and Nationality Act (INA), designated the Islamic State in Iraq Foreign Terrorist Organization (FTO). Based on this, the United States could take administrative measures against foreign terrorist fighters (FTFs) associated with IS, including women. As of January 2023, the United States had formally repatriated 39 citizens. At least 11 more citizens returned of their own accord outside of formal processes, including two women. To date, 11 adults affiliated with the Islamic State, formally repatriated from Syria and Iraq to the United States, have faced charges for terrorism-related crimes. The aim of this research is to characterize the approach to female terrorist returnees in the United States. The following research problem is central to this article: How does the United States deal with the prosecution and conviction of women returnees involved in the activities of the Islamic State? The author focused research on case studies. Research methods include: analysis, synthe-sis, classification, generalization, and statistical data analysis. Women who are left on their own and remain in camps and prisons in Iraq and Syria can impose the ideology of the Islamic State on others, including their children. It is important not to treat the problem of repatriation, rehabilitation, and reintegration of camp residents shortsightedly and to take a long-term solution.

Study of Target Selection for Philippine Terrorism Attacks

The Philippine terrorist group is classified as foreign terrorist fighters who carry out acts of terrorism abroad with the aim of, among other things, establishing their own state in the southern Philippines. Of course, apart from committing acts of terrorism within the Philippines. Even though there is a connection between terrorists from Indonesia and terrorists from the Philippines, Filipino terrorists are not indicated to have carried out acts of terror in Indonesia as the target country. This research identifies that terrorist target selection always pays attention to targets, including geographical factors; calculation of political, social and religious factors; rationally and the choice takes into account ideology; terrorist capabilities; probability of attack success (risk with resulting number of victims); as well as, social ties and economic incentives. This target selection can be included in rational choice theory. Based on the perspective of rational choice theory, criminals tend to evaluate before committing by considering the probability of being discovered and caught, the effectiveness and impact of punishment that may be imposed, the potential value of existing crime proceeds and their short-term needs for crime proceeds; strong interactions between ideologies; operational motivations and choices, external mitigating influences. Keywords: Indonesia, Philippine, target selection, terrorism attacks

Boko Haram* Insurgency and the Challenges of Internally Displaced Persons in Nigeria

The consequences of insurgency, internal strife, and natural disasters force internally displaced people (IDPs) to live lives they never anticipated or desired. On this note, this study explores the challenges faced by IDPs in Nigeria as well as the globalisation of the Boko Haram (recognized as a terrorist organization in the Russian Federation) insurgency. The study also looks at the difficulties IDPs in Nigeria face as a result of the Boko Haram (recognized as a terrorist organization in the Russian Federation) insurgency, such as violence between Hausa and Fulani, natural and man-made disasters. Due to their affiliation with foreign terrorists, Boko Haram’s (recognized as a terrorist organization in the Russian Federation) effects are more devastating. The study adopted the human needs theory and used qualitative research methods to gather information from secondary sources including books, journal articles, news magazines, and internet sources. According to the human needs theory, it is up to the government to decide how to handle social issues. Findings indicate that the difficulties faced by internally displaced people in Nigeria, which include housing shortages, starvation, hunger, lack of access to water and electricity, and lack of sustainable occupation, portend serious threats to the nation’s human security. The study also suggests that to address the issue of start-up funds, which threatens IDPs’ economic opportunities in new environments, the government should quicken the advancement of low-interest loans for skilled IDPs. The government should also work with people and organisations to provide vocational skills. The study concludes that, doing so will help to alleviate the situation of Nigeria’s internally displaced people.

Political Instability Causes & Affects

This article investigates the relationship between political instability and economic growth. We define “political instability” as the propensity of a government collapse, and we argues in which political instability and economic growth are interdependent to each other. The main result of this article is that in countries and as well as in Pakistan time periods with a high propensity of government collapse, growth is significantly lower as otherwise. This effect remains strong and shows consequences of political instability to socio-economic policies, unequal distribution of wealth, corruption, unemployment, poverty, mental and physical health, internal external terrorism and poor family leadership.” This article explores the complex link between political instability and economic growth, emphasizing the definition of "political instability" as the propensity for the dissolution of the government. The central theme of our argument is the relationship between economic expansion and political instability. This study's main conclusion is that, in nations—Pakistan being one prominent example eras marked by a higher risk of political collapse tend to have far slower rates of economic growth than periods marked by greater stability. This research reveals the profound effects of political instability on socio-economic policies, highlighting its long-lasting influence. The consequences are multifaceted, including uneven economic distribution, widespread corruption, prolonged joblessness, high rates of poverty, and negative impacts on mental and physical health. Moreover, political unrest has a significant impact on the incidence of both domestic and foreign terrorism, making security issues worse in impacted areas. Additionally, the study clarifies how political instability undermines the authority of families and shatters the foundation of social systems. This paper offers a thorough examination of the complex effects of political instability, shedding light on how it affects numerous socioeconomic indicators and economic growth. Comprehending these processes is of paramount importance for policymakers, scholars, and international leaders who aim to tackle the obstacles presented by political instability and promote stable, robust communities.

Yabancı Terörist Savaşçılarla Mücadelede Muharebe Sahasından Kanıt Toplama

Yabancı terörist savaşçı kavramı uluslararası barış ve güvenliğe yönelik büyük bir tehdit olarak öne çıkmaktadır. Devletler ve uluslararası organizasyonlar bu problemle başa çıkmaya çalışmaktadırlar. “Yargıla ya da iade et” ilkesi bu konudaki belirleyici yaklaşımdır. Fakat yargılama konusunda önemli güçlükler yaşanmaktadır. Yabancı terörist savaşçıları yargılamak isteyen devletler kanıtların mahkemelerce kabul edilmemesi nedeniyle birtakım zorluklarla karşı karşıya kalmaktadır. Günümüzde özellikle Suriye ve Irak’ta ele geçirilen yabancı terörist savaşçıların yargılanması konusu uzunca bir zamandır uluslararası kamuoyunu meşgul etmektedir. Yargılama konusunda istekli olan ülkelerde başlatılan yargılama faaliyetlerinde, ulusal mahkemelerce diğer hükümetlerden söz konusu yabancı terörist savaşçılara ait kanıtların ortaya konulması talep edilmiş, ancak yabancı terörist savaşçılara ilişkin kanıtlar bu hükümetlerce mahkemelere sunulamamış ya da sunulan kanıtlar ceza yargılaması hukukunun aradığı kanıt elde etme kriterlerini karşılamadığından mahkemelerce kabul edilmemektedir. Bu gelişmeler üzerine Birleşmiş Milletler, NATO, Avrupa Konseyi ve Avrupa Birliği yabancı terörist savaşçılarla mücadelede, silahlı kuvvetlerin muharebe sahasından kanıt toplamasına ilişkin prensip ve ilkeler belirleme konusunda anlaşmışlardır. Bu çalışmada yabancı terörist savaşçılarla mücadelede yeni bir araç olan “muharebe sahasından kanıt toplanması” konusu ele alınmaktadır.

Terrorism Investigations on Campus and the New McCarthyism

ABSTRACT: In the 1960s, the FBI's counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing "material support or resources to a foreign terrorist organization." This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.

Terrorism Investigations on Campus and the New McCarthyism

ABSTRACT: In the 1960s, the FBI’s counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing “material support or resources to a foreign terrorist organization.” This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.

Foreign Fighters in the Ukrainian Armed Conflict: An International Humanitarian Law Perspective

This study discusses foreign fighters who take part in the Ukrainian armed conflict. The aim of this study is to know about the history of the armed conflict of Ukraine, study the relevance of International Humanitarian Law to foreign fighters, and study the implementation of Human Rights obtained by foreign fighters based on International Humanitarian Law. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The results of this study conclude, first, the history of the Ukrainian armed conflict starting from the independence of Ukraine and culminating in the Russian special military operation that occurred on February 24, 2022. Second, the relevance of international humanitarian law to foreign fighters has no specific definition describing foreign fighters and only foreign terrorist fighters. Third, the implementation of human rights against foreign fighters is an inviolable or inalienable human right. However, in its implementation there are still many violations that occur in the armed conflict of Ukraine. Several methods are needed to overcome this problem, namely, the need to increase understanding and awareness regarding IHL and human rights, especially for foreign fighters, to all parties and, make policy recommendations regarding clarity of understanding for foreign fighters, which can then be used as a guide for policymakers and practitioners to increase the certainty of humanitarian protection for foreign fighters.

Understanding the rise of Indonesian Foreign Terrorist Fighter

The issue of terrorism in Indonesia has escalated from causing problems in its home country to other countries. These new groups of terrorists are called Foreign Terrorist Fighters (FTFs). The qualitative method used in this paper to analyse the emergence of Indonesian FTFs to Syria to fight alongside the Islamic State of Iraq and Syria (ISIS) by using the theoretical framework of Political Economy Analysis (PEA), Market Analysis (MA), and Theory of Change. By using PEA, it could be argued that at the macro, sectoral, and micro levels, the emergence of Indonesian FTFs is inevitable. The use of MA also supports the emergence of Indonesian FTFs and how to intervene in them. Finally, this paper argued the theory of change to stop the flow of Indonesian FTFs, namely deterrence for supporters of Indonesian FTFs, communicate effectively with people influenced by terrorist doctrine, and change the culture by redefining the concept of jihad and applying it to the current Islamic education curriculum. Despite the fact that Indonesian FTFs to Syria have ceased since the defeat of ISIS, this paper argues that PEA, MA, and the Theory of Change can be used to analyse the future movement of Indonesian FTFs and to take preventative measures against it.

The repatriation of returning ISIS foreign terrorist fighters: Analysis of the factors influencing Indonesia’s refusal and its implications on counterterrorism efforts

The purpose of this paper is to study about repatriation of Foreign Terrorist Fighters (FTFs) to Indonesia who went to Syria by analyzing the factors such as risk of involving in terrorist attacks in Indonesia, which are influencing Indonesia’s refusal and its implications on a state’s counterterrorism efforts. The present study is carried out using qualitative research method and the data collected from secondary sources including research articles, newspapers and books related to the FTF phenomenon. To address this issue, the Indonesian government is considering a strategy to minimize negative consequences from the return of Indonesian individuals associated with terrorist activities from overseas. The results show that the Indonesian government has calculated the benefits and drawbacks of either returning foreign terrorist fighters’ home or not. In the process, the government ultimately decided against the FTFs’ repatriation, citing the need to safeguard millions of people’s security from the danger of terrorism as a national priority for Indonesia. It concludes that the accepting repatriation of FTF by Indonesia would support human rights efforts in giving them fair trials if they have committed crimes and it will prevent them from being stateless.