[New publication] Examining Europe’s foreign fighter dilemma through the lens 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 volume focuses on the complex and often contradictory 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 bodies such as the United Nations, the European Union, and the Council of Europe, the book sheds light on how these multilevel frameworks coincide or clash in practice. It highlights how various legal structures often 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 balance between security and individual freedoms. The book emphasizes the need for clear, consistent and fair legal frameworks that align with international human rights commitments while also addressing emerging security threats.
With a focus on the enduring and sometimes tolerating nature of counter-terrorism legislation, the book addresses the long-term implications of current legal tools and their potential to change future strategies. It highlights the challenges states face when applying reactive counter-terrorism measures that may affect a person’s rights or citizenship, with a focus on ensuring such measures do not undermine basic freedoms. The book also explores the challenges surrounding terms like "foreign terrorist fighter" and offers a critical analysis of how the shifting definitions impact legal proceedings and policies. Moreover, it examines the complex interplay between counter-terrorism law and international humanitarian law, which can sometimes lead to conflicting obligations or delay policy enforcement.
In a time when European states face growing domestic and international pressures to protect public safety while maintaining core democratic values, this book offers a researched approach to balancing security with individual liberty. It raises important questions about the scope and limits of state power in combating terrorism while safeguarding human rights.
You can order the book here.
