[New publication] Examining Europe’s foreign fighter conundrum through the lens of the rule of law and human rights
Published 19 May 2025
A new book titled Europe’s Foreign Fighter Conundrum: Legal Responses, the Rule of Law, and Human Rights, explores how Europe can address the security challenges posed by foreign fighters without compromising its commitment to the rule of law and human rights. Written by Tarik Gherbaoui, a researcher in international law at the T.M.C. Asser Instituut, this timely monograph focuses on the complex legal responses to European individuals who joined the armed conflict in Syria and Iraq.
This book provides an in-depth legal analysis of how counter-terrorism measures such as prosecution, citizenship deprivation, and preventive laws are shaped across international, regional, and domestic levels. By examining legal obligations that stem from key international actors such as the United Nations, the European Union, and the Council of Europe, the book’s multilevel approach offers an understanding of the synergies and contradictions between responses to foreign fighters. It highlights how various legal structures sometimes offer conflicting approaches, creating a complex environment for states to navigate.
A key theme throughout is how these responses measure up against the rule of law and fundamental human rights standards, raising crucial questions about the interplay between security and individual freedoms. The book emphasises the need for clear and consistent legal frameworks that align with international law while also addressing emerging security threats.
With a focus on the enduring nature of counter-terrorism legislation, the book addresses the long-term implications of current legal tools and their potential to affect future counter-terrorism strategies. The book also explores the legal challenges surrounding terms like "foreign terrorist fighter" and offers an analysis of how novel definitions impact legal proceedings and policies. Moreover, it examines the complex interaction between counter-terrorism law and international humanitarian law.
In a time when European states face growing domestic and international pressure to protect public safety while maintaining core democratic values, this book argues that respect for the rule of law is non-negotiable. It raises important questions about the scope of exercising state power in combating terrorism within the boundaries of the rule of law.
You can order the book here.
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[Round table] Geopolitical uncertainty, (in)secure borders, and the 'foreign terrorist fighters' phenomenon
A decade ago, the rise of ISIS sparked urgent responses across Europe. Governments introduced strict legal tools to stop their citizens from travelling to conflict zones, often resorting to prosecution and stripping citizenships. On 11 June 2025, the Asser Institute invites you to the launch by researcher Tarik Gherbaoui, a legal scholar whose work investigates how European legal systems have responded to the FTF phenomenon.
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