ensuring rehabilitation opportunities for returnees. In this context, the Working Group
also cites emerging good practices in respect of rehabilitation and reintegration.94
The feasibility of the rehabilitation and reintegration of many FTFs is confirmed by available research outlined in section 2, above. Against this background, the development of
strategies of effective prevention, rehabilitation and reintegration deserves more careful
consideration and emphasis in responses to FTF-related threats and challenges.95
Which Human Rights are Affected?
While emphasis is often placed on the civil and political rights most obviously affected
by responses to the threats and challenges posed by FTFs,96 states should recognize and
seek to address the broad range of civil, political, economic, social and cultural rights
implicated by FTF-related strategies. They should pay due attention to the direct and
indirect impact on the rights of those immediately targeted, and on others who may be
affected, such as family members, social groups and the population at large. The lasting
impact on individuals, on social, family and community life, and on the enjoyment of
human rights in other contexts, should be carefully considered.
The wide-ranging rights implications flow from the breadth of the measures states have
been called on to take, by the UNSC, for example, in response to the challenges posed
by the flow of FTFs. Measures to prevent travel or return, for example, have an obvious
impact on the enjoyment of freedom of movement and the right to return to one’s own
country, both by those against whom such measures are directed and by others who
94 The report of the UN Working Group on mercenaries on the visit to Belgium (UN Doc. A/HRC/33/43/Add.2)
cites initiatives such as the Danish Aarhus and the German Hayat programmes, para. 116. For the importance
of reintegration programmes and experiences and lessons learnt from other contexts, see also: G. Holmer and
A. Shtuni, “Returning Foreign Fighters and the Reintegration Imperative”, United States Institute of Peace,
March 2017, <www.usip.org/sites/default/files/2017-03/sr402-returning-foreign-fighters-and-the-reintegration-imperative.pdf>, (hereafter, G. Holmer and A. Shtuni, “Returning Foreign Fighters and the Reintegration
Imperative”).
95 See: G. Kerchove, C. Höhn, “The Regional Answers and Governance Structure for Dealing with Foreign
Fighters: The Case of the EU”, p. 318, in FFILB, pp. 299-332, op. cit., note 14. T. Mehra, “Foreign Terrorist
Fighters: Trends, Dynamics and Policy Responses”, International Centre for Counter-Terrorism, December
2016, pp. 16-17, < icct.nl/wp-content/uploads/2016/12/ICCT-Mehra-FTF-Dec2016-2.pdf>, (hereafter, Foreign
Terrorist Fighters: Trends, Dynamics and Policy Responses”, International Centre for Counter-Terrorism). Also
see: “Rome Memorandum on Good Practices for Rehabilitation and Reintegration of Violent Extremist Offenders”,
the Global Counterterrorism Forum (GCTF), <https://www.thegctf.org/Portals/1/Documents/Framework%20
Documents/A/GCTF-Rome-Memorandum-ENG.pdf> and its accompanying “Addendum”, which offers additional
guidance on reintegrating returning FTFs into society <https://www.thegctf.org/Portals/1/Documents/Toolkitdocuments/English-Addendum-to-the-Rome-Memorandum-on-Legal-Frameworks.pdf>.
96 The EU counter-terrorism directive of 15 March 2017 refers specifically to “the right to liberty and security,
freedom of expression and information, freedom of association, freedom of thought, conscience and religion,
the general prohibition of discrimination, in particular on grounds of race, colour, ethnic or social origin, genetic
features, language, religion or belief, political or any other opinion, the right to respect for private and family life
and the right to protection of personal data, the principles of legality and proportionality of criminal offences and
penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption
of innocence as well as freedom of movement…” See: “ Directive (EU) 2017/541 of the European Parliament and
of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA
and amending Council Decision 2005/671/JHA”, European Union, <https://eur-lex.europa.eu/legal-content/EN/
TXT/?uri=celex%3A32017L0541>.
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Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
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