Prospects and challenges of prosecuting foreign fighters in Australia

Edited book (chapter)


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
Chapter Title

Prospects and challenges of prosecuting foreign fighters in Australia

Book Chapter CategoryEdited book (chapter)
ERA Publisher ID1276
Book TitleASPI counterterrorism yearbook 2020
Authors
AuthorBraun, Kerstin
EditorsKfir, Isaac and Coyne, John
Page Range39-42
Chapter Number8
Number of Pages4
Year2020
PublisherAustralian Strategic Policy Institute
Place of PublicationBarton, ACT, Australia
Web Address (URL)https://www.aspi.org.au/report/counterterrorism-yearbook-2020
Abstract

Since 2011, a large number of individuals known as ‘foreign fighters’ (FFs), have travelled to Syria and Iraq to fight for or support ISIS and other jihadist terrorist organisations. While estimates vary, reports in 2016 suggested that more than 36,500 fighters from 100 countries had arrived in the region, including 230 from Australia. Due mainly to ISIS’s loss of territory, a number of FFs have already returned to their countries of departure, including approximately 40 Australians. Another 80 Australians are believed to still be active in conflict zones. At the time of writing, reports indicate that around 13,000 non-Iraqi FFs and their family members, amounting to 2,000 men and 11,000 women and children, including Australian citizens, have been captured and are being detained in Syria.

In the light of these developments, two questions have been asked in Australia and overseas:

•Can returning fighters be properly tried in national courts?

•Where should fighters currently detained in Syria and Iraq face justice?

Keywordsforeign fighters
ANZSRC Field of Research 2020480401. Criminal law
480503. Criminal procedure
Public Notes

© The Australian Strategic Policy Institute Limited 2020.

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