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Terrorists on the move : a legitimacy test of the criminal law approach on foreign fighters U+2028in Western-Europe

Tijdschriftbijdrage - Tijdschriftartikel

The conflict in Syria and Iraq has raised the debate on foreign fighters to unprecedented levels. The international community expressed grave concern over this acute and growing threat and addressed the problem by, inter alia, obliging States to criminalize conduct related to travel for terrorist purposes, including acts of facilitating and funding such travel. Member States are free to choose the manner of implementation, leading to different approaches on a domestic level. This contribution aims to subject the criminal law approach regarding foreign fighters in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test. The longstanding principles of subsidiarity, proportionality and legality constitute the backbone of this legitimacy test. A critical-legal analysis demonstrates the expansion of the scope of criminal liability to a pre-crime era and examines whether this expansion conflicts with the ultima ratio premise of criminal law and the freedom of movement as a fundamental human right.
ISSN: 2193-5505
Issue: 2
Volume: 10
Pagina's: 185 - 217
Jaar van publicatie:2020