Foreign Fighters and Their Place in Law

Abstract

States should avoid arbitrability in decision-making processes concerning foreign fighters by amending their current legislature including criminal prosecution of foreign fighters. Authorization regime similar to the one in Poland may offer higher guarantees, control and monitoring of medium to high-threat individuals whilst offering states direct targeting of prevention and mitigation policies. States should create a transparent and clear framework for evaluation of applications to travel abroad for the purpose of fighting with lawfully set discretion for state organs that will enable them to deny applications for political, social or even economic reasons.

Keywords

• civilian-military relations
• foreign fighters
• legal system
• legislature
• security policy