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‘Foreign Terrorist Fighters’: Criminalising stay in a terrorist territory? An evaluation in light of criminal law, human rights and public international law parameters

30 November 2015

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Executive summary of a study published by the Dutch Ministry of Justice and Security: "The central question in this research is to what extent can appropriate criminalization of voluntary stay in a territory controlled by a terrorist organization be determined taking into account: fundamental principles of criminal law, i.e. the principle of legality and the requirements that only human conduct is criminally punishable and only if it is wrongful (the criminal law parameters); relevant international human rights, in particular those guaranteed by the European Convention on Human Rights (ECHR) (human rights parameters); and public international law principles of sovereignty, territorial integrity and the authority to assert criminal jurisdiction (public international law parameters)."

The summary concludes that: "the proposed criminalisation of voluntary stay in a territory controlled by a terrorist organization' cannot be meaningfully realised within the existing legal parameters."

See the full text: ‘Foreign Terrorist Fighters’: Criminalising stay in a terrorist territory? An evaluation in light of criminal law, human rights and public international law parameters (pdf)

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