‘Foreign Terrorist Fighters’: Criminalising stay in a terrorist territory?

Constitutional and administrative law / Human rights

‘Foreign Terrorist Fighters’: Criminalising stay in a terrorist territory?

An evaluation in light of criminal law, human rights and public international law parameters (full text only available in Dutch)

Summary

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).

Publication data

Author(s):
Kempen, P.H.P.H.M.C., Fedorova, M.I.
Organization(s):
Radboud University Nijmegen, WODC
Place of publication:
Deventer
Publisher:
Wolters Kluwer
Year of publication:
2015

Order information

Address:
Wolters Kluwer