‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia

Article


Braun, Kerstin. 2018. "‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia." International Community Law Review. 20 (3-4), pp. 311-346. https://doi.org/10.1163/18719732-12341378
Article Title

‘Home, Sweet Home’: managing returning foreign terrorist fighters in Germany, The United Kingdom and Australia

ERA Journal ID33429
Article CategoryArticle
Authors
AuthorBraun, Kerstin
Journal TitleInternational Community Law Review
Journal Citation20 (3-4), pp. 311-346
Number of Pages36
Year2018
Place of PublicationLeiden, Netherlands
ISSN1388-9036
1567-7125
1871-9732
1871-9740
Digital Object Identifier (DOI)https://doi.org/10.1163/18719732-12341378
Web Address (URL)http://booksandjournals.brillonline.com/content/journals/10.1163/18719732-12341378
Abstract

Since 2011, the conflict in Syria and Iraq has seen unprecedented numbers of Westerners travelling to the region to support jihadist terror organisations, so-called Foreign Terrorist Fighters (‘FTFs’). However, since 2015, with Islamic State’s financial and territorial losses, the numbers of Western FTFs are dwindling and many are returning to their countries of origin. As a consequence, numerous countries are grappling with how to best manage potential security threats arising from returning FTFs. This article critically analyses legal and criminal justice strategies to address this phenomenon implemented in three Western countries from which a significant number of FTFs originate: Germany, the United Kingdom and Australia. It focuses on prosecution, prevention of re-entry and rehabilitation of returning FTFs. It suggests that a holistic approach focusing on punitive but also on de-radicalising and reintegrating measures is best suited to address the security risks FTFs pose long term

Keywordsterrorism; Mujahideen; criminal justice system; public order; safety activities; National Security; Syrian Civil War, 2011-
ANZSRC Field of Research 2020480302. Comparative law
489999. Other law and legal studies not elsewhere classified
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q4x72/-home-sweet-home-managing-returning-foreign-terrorist-fighters-in-germany-the-united-kingdom-and-australia

  • 603
    total views
  • 8
    total downloads
  • 5
    views this month
  • 0
    downloads this month

Export as

Related outputs

Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia
Braun, Kerstin and Butcher, Sarah. 2024. "Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia." Journal of Law and Medicine. 31 (2), pp. 370-385.
Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories
Braun, Kerstin. 2024. "Looking back to look forward—the history of VAD laws in Australia and future law reform in the Australian territories." Medical Law Review. 32 (1), pp. 42-60. https://doi.org/10.1093/medlaw/fwad030
Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment
McNamara, Noeleen and Braun, Kerstin. 2023. "Supporting First Year Online Law Students with Their Transition to University: Developing Law-Specific Resources on Academic Integrity and the Academic Ennvironment." Journal of the Australasian Law Teachers Association. 16, pp. 33-47.
Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK)
Braun, Kerstin. 2023. Written Evidence Submission in response to the ‘Inquiry into Assisted Dying/Assisted Suicide' by the Health and Social Care Committee (UK).
Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law
Gray, Anthony and Braun, Kerstin. 2022. "Voluntary Assisted Dying, the Conscientious Objector Who Refuses to Facilitate it and Discrimination Law." Journal of Law and Medicine. 29 (4), pp. 1128-1149.
Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation
Braun, Kerstin. 2023. "Self-Administration or Practitioner Administration? The Scope of Future German Assisted Dying Legislation." Medical Law Review. 31 (1), p. 141–157. https://doi.org/10.1093/medlaw/fwac034
When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility
Braun, Kerstin. 2022. "When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility." Australian Journal of Human Rights. 28 (1), pp. 21-39. https://doi.org/10.1080/1323238X.2022.2109821
The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria
Braun, Kerstin. 2021. "The right to assisted dying: Constitutional jurisprudence and its impact in Canada, Germany and Austria." Vienna Journal on International Constitutional Law. 15 (3), pp. 291-318.
Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia
Braun, Kerstin. 2021. "Voluntary Assisted Dying and the merits of offence-specific prosecutorial guidelines in Australia." Criminal Law Journal. 45 (2), pp. 81-92.
A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application
Braun, Kerstin and Bose, Martin. 2020. "A Close Look at the German and Australian Anti-FGM Framework-Concerns About Equal Protection and Equal Application." Zeitschrift fuer Internationale Strafrechtsdogmatik (Review of International Criminal Law Doctrine). 15 (12), pp. 566-583.
Prospects and challenges of prosecuting foreign fighters in Australia
Braun, Kerstin. 2020. "Prospects and challenges of prosecuting foreign fighters in Australia." Kfir, Isaac and Coyne, John (ed.) ASPI counterterrorism yearbook 2020. Barton, ACT, Australia. Australian Strategic Policy Institute. pp. 39-42
Victim participation rights: variation across criminal justice systems
Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.
Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC
Braun, Kerstin. 2017. "Self- or Cross-fertilisation? Referencing ECTHR jurisprudence to justify victim participation at the ICC." Lobba, Paolo and Mariniello, Triestino (ed.) Judicial dialogue on human rights: the practice of international criminal tribunals. Brill. pp. 282-299
Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing
Braun, Kerstin. 2017. Public submission to the New South Wales Sentencing Council - Victims’ involvement in sentencing. New South Wales Sentencing Council.
Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing
Kirchengast, Tyrone and Braun, Kerstin. 2017. Joint public submission to the New South Wales Sentencing Council on victims’ involvement in sentencing. New South Wales Sentencing Council.
Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency
Braun, Kerstin. 2017. "Yesterday is history, tomorrow is a mystery - the fate of the Australian jury system in the age of social media dependency." University of New South Wales Law Journal. 40 (4), pp. 1634-1662. https://doi.org/10.53637/YIKL5634
How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students
Braun, Kerstin. 2017. "How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students." German Law Journal. 18 (6), pp. 1331-1358.
Secularism and state neutrality: the headscarf in French and German public schools
Jones, Nicky and Braun, Kerstin. 2017. "Secularism and state neutrality: the headscarf in French and German public schools." Australian Journal of Human Rights. 23 (1), pp. 61-89. https://doi.org/10.1080/1323238X.2017.1314441
Stigma, homosexuality and the homosexual advance defence
Gray A. and Braun K.. 2017. "Stigma, homosexuality and the homosexual advance defence." Journal of Law and Medicine. 24 (4), pp. 935-958.
'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia
Braun, Kerstin. 2017. "'Till death us do part': homicide defences for women in abusive relationships — similar problems — different responses in Germany and Australia." Violence Against Women: an international and interdisciplinary journal. 23 (10), pp. 1177-1204. https://doi.org/10.1177/1077801216656832
Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?
Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
Criminal procedure: LexisNexis questions and answers
Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany
Braun, Kerstin. 2015. "'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany." German Law Journal. 16 (4), pp. 845-870.
'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities
Braun, Kerstin. 2015. "'Nothing about us without us': the legal disenfranchisement of voters with disabilities in Germany and its compliance with international human rights standards on disabilities." American University International Law Review. 30 (2), pp. 315-346.
Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure
Braun, Kerstin. 2013. "Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure." German Law Journal. 14 (9), pp. 1889-1908.
Legal representation for sexual assault victims - Possibilities for law reform?
Braun, Kerstin. 2014. "Legal representation for sexual assault victims - Possibilities for law reform?" Current Issues in Criminal Justice. 25 (3), pp. 819-837.
Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?
Braun, Kerstin. 2014. "Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?" American University International Law Review. 29 (4), pp. 871-903.