been applied in several states.63 The collection of evidence against and prosecution of
returning FTFs is currently being given increased attention by states.
Almost all of those responses to the perceived threat of FTFs and returnees entail
potentially significant interference with a number of human rights. Any such measures, therefore, must be carefully considered in light of the relevant international legal
framework. What are sometimes called “softer” approaches (alternatives to restrictive
measures aimed at preventing FTF travel and recruitment), such as policies directed at
preventing and countering violent extremism and radicalization that lead to terrorism,
can, in certain circumstances, also raise serious concerns regarding the implications for
rights such as freedom of thought, conscience, religion or belief, expression, privacy
and equality.64
The following section explores further the human rights implications of some of those
responses and offers recommendations and supporting observations regarding a human
rights-compliant approach to the potential threats and challenges posed by FTFs.
63 For an overview of measures applied in selected countries, see, for example: “Returning foreign terrorist fighters in Europe: A comparative analysis”, October 2017, <http://mastereurope.eu/wp-content/uploads/2017/10/Returning-foreign-terrorist-fighters-in-Europe-.pdf>; “The return of foreign fighters to EU soil:
Ex-post evaluation”, European Parliamentary Research Service 15 May 2018, <www.europarl.europa.eu/
RegData/etudes/STUD/2018/621811/EPRS_STU(2018)621811_EN.pdf>, (hereafter, “The return of foreign fighters to EU soil. Ex-post evaluation”, European Parliamentary Research Service); B. van Ginkel and E. Entenmann
(eds.), “The Foreign Fighters Phenomenon in the European Union”, op. cit., note 16.
64 See also the report of the UN Special Rapporteur on counter-terrorism, UN Doc. A/HRC/31/65, op. cit.,
note 34.
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Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
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