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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
Foreign Fighters is the comprehensive study of foreign fighters examines patterns of recruitment using original data sets and detailed diverse case studies, and how recruiters use frames of existential threat to strengthen rebel groups.
Ever since the Soviet invasion of Afghanistan in 1979, fighters from abroad have journeyed in ever-greater numbers to conflict zones in the Muslim world to defend Islam from-in their view-infidels and apostates. The phenomenon recently reached its apogee in Syria, where the foreign fighter population quickly became larger and more diverse than in any previous conflict. In Road Warriors, Daniel Byman provides a sweeping history of the jihadist foreign fighter movement. He begins by chronicling the movement's birth in Afghanistan, its growing pains in Bosnia and Chechnya, and its emergence as a major source of terrorism in the West in the 1990s, culminating in the 9/11 attacks. Since that bloody day, the foreign fighter movement has seen major ups and downs. It rode high after the 2003 US invasion of Iraq, when the ultra-violent Al Qaeda in Iraq (AQI) attracted thousands of foreign fighters. AQI overreached, however, and suffered a crushing defeat. Demonstrating the resilience of the movement, however, AQI reemerged anew during the Syrian civil war as the Islamic State, attracting tens of thousands of fighters from around the world and spawning the bloody 2015 attacks in Paris among hundreds of other strikes. Although casualty rates are usually high, the survivors of Afghanistan, Syria, and other fields of jihad often became skilled professional warriors, going from one war to the next. Still others returned to their home countries, some to peaceful retirement but a deadly few to conduct terrorist attacks. Over time, both the United States and Europe have learned to adapt. Before 9/11, volunteers went to and fro to Afghanistan and other hotspots with little interference. Today, the United States and its allies have developed a global program to identify, arrest, and kill foreign fighters. Much remains to be done, however-jihadist ideas and networks are by now deeply embedded, even as groups such as Al Qaeda and the Islamic State rise and fall. And as Byman makes abundantly clear, the problem is not likely to go away any time soon.
At the start of the Syrian conflict in 2011, thousands of pro-democracy rebel groups spontaneously formed to fight the Assad regime. Years later, the revolution was unrecognizable as rebel opposition forces had merged into three major groups: Jabhat al-Nusra, Ahrar al Sham, and the Islamic State in Iraq and Syria (ISIS). Why did these three groups rapidly increase in size and military strength while others simply disappeared? What is it about their organizational structure and their Islamist ideology that helped group manage their fighters so successfully? With these questions at the forefront, this book examines the internal organization of armed groups and, in particular, their human resources. Analyzing the growth of these groups through the prism of a labor market theory, this book shows that extreme Islamist groups were able to attract fighters away from more moderate groups because they had better internal organization, took better care of fighters both physically and monetarily, experienced less internal corruption, and effectively used their Islamist ideology to control recruits. With unparalleled access and extensive ethnographic research drawn from her interviews and her year embedded with Iraqi Special Operation forces, Mironova delves deep into the ideological and practical nexus of some of the most radical groups in the Middle East. This book brings together more than 600 survey-interviews with local civilians and fighters on the frontline in Syria and a dataset of human resource policies from 40 armed groups; it is an invaluable resource for anyone who wants insight into the on the ground functioning of rebel organizations.
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
The term ‘foreign fighters’ describes nationals of one state who – for whatever variety of reasons and motives – travel abroad to take part in a conflict in another state without the promise of financial reward. The majority of attention has so far been focused on the nationals of Western European states who have gone to fight for the so-called Islamic State in Syria. There exist, however, other examples of contemporary European foreign fighters whose travails, motivations and returns have been largely unnoticed and underappreciated. This books attempts to balance this state of affairs by bringing to the fore some lesser known cases of non-terrorist but foreign fighters related to the conflict in Ukraine, and situating them against the backdrop of the larger mobilization for the war in Syria. This book presents edited versions of the 12 papers presented at the NATO Advanced Research Workshop (ARW) ‘Not Only Syria? Foreign Fighters: A Threat to NATO Allies and Their Neighbours’. The workshop was held in Chisinau, Moldova, in May 2016, and brought together researchers and experts in the field to discuss the differences, similarities and parallels between different groups of foreign fighters engaged in the conflicts in Syria and the Ukraine. The papers include contributions from the Netherlands, Belgium, Denmark and Poland among others, and examine cases of foreign fighters from these and other countries. The book will provide an interesting context to researchers who have, up to now, looked only at a single set of such fighters, and will lead to tangible recommendations on how to develop policies to address the threat posed by returnees from any conflict.
"Due to their preponderance and intensity, non-international armed conflicts are currently very much in the public mind: often, more so than international armed conflicts. The present volume serves as a comprehensive introduction to the international legal regime of non-international armed conflicts, proceeding strictly in light of what the contemporary law is (as distinct from what the present author or anybody else would like it to be). Non-international armed conflicts raise a raft of issues that need to be addressed, including in particular their preconditions, thresholds, diverse forms and configurations; the discordant perspectives of the international and domestic legal systems; as well as the application of treaty and customary law to non-State actors. In addition, it is necessary to examine the consequences of intervention by foreign States; the role of the Security Council; the effects of recognition; State responsibility for wrongdoing to the installations, diplomats or nationals of foreign States, etc. The interface between the law of international and non-international armed conflicts is a matter of crucial concern. There are also numerous specific problems, ranging from the complexities of "failing States" to the recruitment and use of child-soldiers"--