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Denmark and France: a Counterterrorism Case Study 1

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Denmark and France: a Counterterrorism Case Study 1 Running head: DENMARK AND FRANCE: A COUNTERTERRORISM CASE STUDY 1 Denmark and France: A Counterterrorism Case Study Counterterrorism Strategies and the Infringement of Returning Foreign Fighters’ Human Rights Nancy Rosen Goucher College Director: Professor Amalia Honick, Board Members: Professor Kathryn St. Ours and Professor Carla Barqueiro *French documents translated by Nancy Rosen and Professor Kathryn St. Ours, Goucher College. *Less information was available to analyze for Denmark due to the language barrier. DENMARK AND FRANCE: A COUNTERTERRORISM CASE STUDY 2 Abstract Through a comparison of two case studies – Denmark and France – this paper seeks to analyze counterterrorism strategies for returning foreign fighters and the extent the strategies infringe on their human rights. The analysis will be conducted through examining the specific policies, legislation, and programs of Denmark and France regarding counterterrorism strategies. Two theories – the expanded criminal justice model (ECJM) and the critical terrorism studies (CTS) model – will be used to analyze these documents and programs and the extent to which human rights are infringed upon. Denmark and France were chosen as case studies to compare due to both having an increase in severity of terrorist attacks beginning in 2015 and continuing to the present in 2019. Furthermore, they are relatively similar in terms of the legislation and policies they have implemented. However, two points of divergence are evident. Firstly, Denmark has established robust exit and reintegration programs for foreign fighters returning home. Secondly, religious and cultural differences are acknowledged in the Danish programs, which, due to secularism, are aspects that are disregarded in France’s counterterrorism strategies. These two variables will be analyzed to see if they account for a divergent outcome – a difference in the degree of infringement on human rights for returning foreign fighters in Denmark and France. DENMARK AND FRANCE: A COUNTERTERRORISM CASE STUDY 3 TABLE OF CONTENTS LITERATURE REVIEW ............................................................................................................................ 7 THEORY .................................................................................................................................................. 7 TRADITIONAL TERRORISM STUDIES: WAR AND CRIMINAL JUSTICE MODELS ................................................................ 8 TRADITIONAL TERRORISM STUDIES: EXPANDED CRIMINAL JUSTICE MODEL (ECJM) ................................................... 10 CRITICAL TERRORISM STUDIES (CTS) .................................................................................................................. 11 THE DEBATE BETWEEN TRADITIONAL AND CRITICAL TERRORISM STUDIES’ SCHOLARS ................................................. 15 DENMARK ............................................................................................................................................. 18 THE AARHUS MODEL: REINTEGRATION PROGRAM ............................................................................................... 18 THE INFRINGEMENT OF HUMAN RIGHTS THROUGH LEGISLATION ............................................................................ 20 THE FOCUS ON THE ‘OTHER’ THROUGH LEGISLATION ............................................................................................ 21 PREVENTION OF RADICALIZATION ...................................................................................................................... 21 FRANCE ................................................................................................................................................ 22 CONCENTRATION ON SECULARISM ..................................................................................................................... 23 REPRESSIVE LEGISLATION ................................................................................................................................. 24 THE IMPORTANCE OF INSTITUTIONS AND INTELLIGENCE AGENCIES ........................................................................... 25 PRISON RADICALIZATION .................................................................................................................................. 25 METHODOLOGY ................................................................................................................................. 27 DENMARK AND FRANCE: ORGANIZATION OF AGENCIES AND THE VIEW ON SECULARISM .................. 29 DENMARK: ORGANIZATION ...................................................................................................................... 30 FRANCE: ORGANIZATION .......................................................................................................................... 35 SECULARISM .......................................................................................................................................... 37 DENMARK AND FRANCE: LEGISLATION AND POLICIES ........................................................................ 42 TRAVEL RESTRICTIONS ............................................................................................................................. 44 SURVEILLANCE ....................................................................................................................................... 48 STATE OF EMERGENCY ............................................................................................................................. 55 TERRORISM PRISON SENTENCES ................................................................................................................. 57 DETENTION/PROCEDURE UPON RETURN ..................................................................................................... 61 MINORS ............................................................................................................................................... 63 DENMARK AND FRANCE: REINTEGRATION PROGRAMS ...................................................................... 67 DENMARK: AARHUS MODEL – REINTEGRATION PROGRAM .............................................................................. 68 FRANCE: ATTEMPTED PROGRAMS .............................................................................................................. 76 CONCLUSION ...................................................................................................................................... 83 REFERENCES ....................................................................................................................................... 90 DENMARK AND FRANCE: A COUNTERTERRORISM CASE STUDY 4 Denmark and France: A Counterterrorism Case Study Counterterrorism Strategies and the Infringement of Returning Foreign Fighters’ Human Rights Between 2012 and 2018, 5,000 European individuals known as foreign fighters have traveled to Iraq and Syria to fight in conflict zones. Out of the foreign fighters who have travelled to conflict zones in Europe, about 1,500 have returned with about 1,000 being killed either while attempting to leave or while fighting for a terrorist organization (Ragazzi & Walmley 2018, Europol 2018). The average return rate is thus approximately 30%. The reasons for travelling to conflict zones and then returning vary greatly. An individual could leave due to feelings of marginalization, they are searching for their identity, or desire to be recognized by those around them. They often belong to lower class families, have a criminal record, and are a second-generation Muslim immigrant. Some leave for the adventure and excitement, others to create a brotherly bond, and others to avenge their family. Religion can often influence an individual’s decision to leave as they desire to travel to the areas where the “battles of the apocalypse will take place” (Schmid & Tinnes 2015, p. 34-35). Their decision to leave is usually not one made alone. However, it is not just one reason that leads an individual to become a foreign fighter, it is a combination. The foreign fighters then return for four principle reasons: they are disillusioned, burned out, broken, or are arrested for the crimes they committed while abroad (Schmid & Tinnes 2015). The journey of foreign fighters and their return home began to be seen as a serious national security threat in 2014 when the issue was placed on the United Nations Security Agenda through United Nations Security Council Resolution 2178. That is when the legally binding term: foreign terrorist fighter was coined and defined as: ... nationals who travel or attempt to travel to a State other than their States of residence or nationality, and other individuals who travel or attempt to travel from their territories to a State other than their States of residence or nationality, for the purpose of the perpetration, DENMARK AND FRANCE: A COUNTERTERRORISM CASE STUDY 5 planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training, including in connection with armed conflict. (Schmid & Tinnes 2015, p.12) However, the term ‘terrorist’ is ambiguous due to the fact it is currently not legally defined by the UN. Thus, this paper will refer to the individuals who travel abroad as foreign fighters (Schmid & Tinnes 2015). They will be defined as “individuals, driven mainly by ideology, religion and/or kinship, who leave their country of origin or their country of habitual
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