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Foreign Terrorist Fighters Manual for Judicial Training Institutes Middle East and North Africa

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Foreign Terrorist Fighters Manual for Judicial Training Institutes Middle East and North Africa ForeignForeign Terrorist Terrorist Fighters Fighters Manual for Judicial Training Institutes Manual for Judicial Training Institutes Middle East and North Africa South-Eastern Europe UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Foreign Terrorist Fighters Manual for Judicial Training Institutes Middle East and North Africa First Edition 2021 UNITED NATIONS Vienna, 2021 © United Nations, February 2021. All rights reserved worldwide. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Reference to names of firms and commercial products and processes does not imply their endorsement by UNODC, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. UNODC takes no responsibility for the content of any external website. This handbook is a technical tool that has been developed for training purposes to support crime prevention and criminal justice practitioners in the Middle East and North Africa. (MENA). 3 Contents Abbreviations ......................................................................................................5 Introduction .........................................................................................................8 Chapter 1 .............................................................................................................9 The foreign terrorist fighter phenomenon ........................................................9 1.1 Scope of the term “foreign terrorist fighter”...........................9 1.2 Typology and motivation.....................................................10 1.3 Women and children.............................................................16 1.4 Evolution of the phenomenon..............................................22 1.5 Global situation....................................................................24 1.6 Regional situation in Middle East and North Africa............30 Chapter 2 ...........................................................................................................42 Foreign terrorist fighters: the international and regional legal frameworks ...........................................42 2.1 The international legal framework.........................................42 A) United Nations Security Council Resolutions 1373 (2001), 2178 (2014) and 2396 (2017).................................................42 B) United Nations Global Counter-Terrorism Strategy..........48 C) The 19 international instruments to prevent terrorist acts... 50 D) International guiding principles.........................................52 E) The role of civil society and local communities................57 2.2 The regional framework.......................................................58 A) League of Arab States counter-terrorism legal instruments....58 B) Organization of Islamic Cooperation ...............................63 Chapter 3 ...........................................................................................................68 Online investigation of offences related to foreign terrorist fighters ...........68 3.1 Online investigations............................................................72 3.2 How to collect e-evidence?..................................................93 3.3 Special investigative techniques and foreign terrorist fighters. 97 Annexes ............................................................................................................100 List of international legal instruments related to terrorism and FTF......100 List of regional legal instruments related to terrorism and FTF .......102 4 Abbreviations API Advance Passenger Information Systems AQI Al-Qaida in Iraq CDCT The Council of Europe Committee on Counter-Terrorism CGN Carrier-Grade Network Address Translation CHIS Covert Human Intelligence Source CII Covert Internet Investigator CODEXTER The Committee of Experts on Terrorism CSV Comma Separated Value CTC United Nations Security Council Counter-Terrorism Committee CTED United Nations Security Council Counter-Terrorism Executive Directorate DHCP Dynamic Host Configuration Protocol DNA Deoxyribonucleic Acid ESI Electronically Stored Information EUCTS European Union Counter-Terrorism Strategy EU-RAN European Union Radicalisation Awareness Network EXIF Exchangeable Image File Format FTF Foreign Terrorist Fighters FTP File Transfer Protocol GCTF Global Counter-Terrorism Forum GIMF Global Islamic Media Front GPS Global Positioning System HTML Hypertext Markup Language HTS Hayat Tahrir al-Sham HTTP Hypertext Transfer Protocol IACOmmHR Inter-American Commission on Human Rights IACP International Association of Chiefs of Police IAEA International Atomic Energy Agency IANA International Assigned Number Authority IAP International Association of Prosecutors IED Improvised Explosive Device IIJ International Institute for Justice and the Rule of Law 5 IP Internet Protocol ISIL Islamic State in Iraq and the Levant- Da’esh ISP Internet Service Provider LAS League of Arab States MENA Middle East and North Africa MILF Moro Islamic Liberation Front MLA Mutual Legal Assistance OIC Organization of Islamic Cooperation OCTA Organized Crime Threat Assessment OS Operating system OSINT Open Source Intelligence P2P Peer-to-Peer PNR Passenger Name Record RAM Random Access Memory SDF Syrian Democratic Forces SIM Subscriber Identity Module SNA Social Network Analysis TCP Transmission Control Protocol TOR The Onion Router UN United Nations UNODC United Nations Office on Drugs and Crime UNSC United Nations Security Council URL Uniform Resource Locator USB Universal Serial Bus VPN Virtual Private Network 6 Acknowledgements The preparation of this handbook was made possible by the cooperative efforts and invaluable contributions of several individuals, Governments and international organizations. The United Nations Office on Drugs and Crime (UNODC) wishes to extend its gratitude to the Member States who contributed to the consultation process related to the update of this handbook. UNODC is grateful to the participants and experts from Member States in the Middle East and North Africa and beyond, for their invaluable inputs and discussions during 2019 and 2020, which have been considered to update and better tailor the content of this handbook to the current situation. The production of this handbook was guided by Fernanda Lombardi and Ali Younes and reviewed by Carine Giraldou and Marco Venier. This handbook written and updated by Ahmed Genidy, using as a basis the first edition of “Foreign Terrorist Fighters manual for Judicial training Institutes South-Eastern Europe” and the contributions from consultations, meetings and workshops held since 2019. UNODC wishes to express its gratitude for the support provided by the European Union towards the development of the handbook. 7 Introduction This edition of UNODC’s “Foreign Terrorist Fighters. Manual for Judicial Training Institutes, Middle East and North Africa” builds upon the “Foreign Terrorist Fighters. Manual for Judicial Training Institutes, South-Eastern Europe” publication, which was issued in 2017 and updated in 2019. This edition aims to present cases and provide information relevant to MENA criminal justice and law enforcement practitioners working on FTF-related issues. Chapter 1 is expanded to elaborate on the FTF phenomenon and its evolution at the global and regional levels. It includes a section covering developments in the MENA region and sub-chapters on general FTF-related trends, which largely draw upon UNODC’s earlier publications, such as “Investigation, Prosecution and Adjudication of Foreign Terrorist Cases for SEE” (2018). Chapter 2 includes details of global and regional legal documents on countering and preventing terrorism with a focus on FTF-related aspects. For example, this chapter features the United Nations Security Council Resolutions 2178 (2014) and 2396 (2017), which address the risks posed by FTF, including those seeking to return to their country of origin or to relocate to other countries. The updated Chapter 3 responds to the requests from the crime prevention and criminal justice practitioners to equip them with the updated information and tools on online investigations in terrorism cases. It provides examples of online search tools that are available to investigators for open-source intelligence gathering (OSINT). “Foreign Terrorist Fighters. Manual for Judicial Training Institutes, Middle East and North Africa” aims to be utilized by judges and prosecutors and incorporated into existing training courses delivered by national training institutes in the region. This handbook is a technical tool that has been developed for training purposes to support crime prevention and criminal justice practitioners in the MENA. This edition is funded by the European Commission’s Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR). 8 Chapter 1 The foreign terrorist fighter phenomenon 1.1 Scope of the term “foreign terrorist fighter” The concept of “foreign fighters” is not a modern invention. Fighters from abroad have participated in nearly 100 civil wars over the past 250 years.1 The Spanish Civil War (1936-1939), which saw 50,000 volunteers from more than 50 countries, representing both sides of the conflict,
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