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Foreign Terrorist Fighters Investigation, Prosecution and Adjudication of Foreign Terrorist Fighter Cases for South and South-East Asia Cover image: istockphoto.com/Lorado UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Investigation, Prosecution and Adjudication of Foreign Terrorist Fighter Cases for South and South-East Asia UNITED NATIONS Vienna, 2018 © United Nations, June 2018. All rights reserved. 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. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Contents Introduction .......................................................................................................................v Chapter 1. Overview of foreign terrorist fighter topics .......................................................................... 1 1.1 The foreign terrorist fighter phenomenon ......................................................1 1.2 Evolution ....................................................................................2 1.3 Global situation ...............................................................................5 1.4 Regional situation ...........................................................................11 1.5 Typology and motivation .....................................................................19 1.6 Women and children ........................................................................23 1.7 Criminal justice and administrative options ...................................................28 1.8 Prosecution of foreign terrorist fighters ........................................................32 Chapter 2. Global framework .............................................................................................................43 2.1 Introduction .................................................................................43 2.2 International legal framework on terrorism. .44 2.3 Criminal justice response to foreign terrorist fighters ...........................................45 2.4 Regional cooperation frameworks ............................................................51 2.5 International legal framework and civil society .................................................55 Chapter 3. Investigations and foreign terrorist fighters .......................................................................57 3.1 Introduction .................................................................................57 3.2 Securing digital evidence .....................................................................57 3.3 Digital evidence at a crime scene ..............................................................64 3.4 Online evidence and intelligence ..............................................................70 Chapter 4. Preventing and countering violent extremism ....................................................................81 4.1 Introduction .................................................................................81 4.2 Strategies to counter violent extremism leading to terrorism .....................................82 4.3 Detained and convicted foreign terrorist fighters ...............................................87 4.4 Civil society .................................................................................88 4.5 Involvement of society and communities ......................................................92 Chapter 5. Adult learning and training methodology ..........................................................................97 5.1 Chapter objectives ...........................................................................97 5.2 Introduction to the training methodology chapter ..............................................97 5.3 Comparing adult learning and student learning .................................................98 5.4 Identification of needs ..................................................................... 100 5.5 Learning objectives ........................................................................ 101 5.6 Learning cycle ............................................................................. 103 5.7 Course plan ............................................................................... 106 5.8 Logistical arrangements .................................................................... 107 5.9 Course opening ........................................................................... 109 5.10 Exercises .................................................................................. 109 5.11 Visual aids ................................................................................ 110 5.12 The facilitator ............................................................................. 113 5.13 Public speaking techniques ................................................................. 114 5.14 Conclusion: key numbers ................................................................... 116 iii Introduction Foreign terrorist fighters (FTFs) have, over the past few years, constituted one of the major threats to international peace and security. On 24 September 2014, the United Nations Security Council adopted resolution 2178 as a response to the increasing threat posed by FTFs, requiring Member States to implement criminal justice measures to effectively prevent, deter and criminalize the travel of FTFs and their related activities. While the resolution primarily targets individuals travelling to Iraq and the Syrian Arab Republic to join entities such as ISIL (Da’esh),1 the Al-Nusrah Front and certain other cells or derivatives of Al-Qaida, the definition of FTFs is cast widely to include all “individuals who travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training”. Since the adoption of this resolution, there have been significant changes and developments in the landscape of the FTF phenomenon. As ISIL (Da’esh) loses ground in the Syrian Arab Republic and Iraq, Member States will be concerned as FTFs search for new battlegrounds. This is particularly the case in South and South-East Asia. For South and South-East Asian countries, the phenomenon of FTFs relates not only to a country’s nationals travelling to and from Iraq and the Syrian Arab Republic, but also to those individuals who travel to perpetrate terrorist acts in neighbouring South and South- East Asian countries. This unique situation faced by South and South-East Asian countries has given rise to calls for greater regional and cross-regional cooperation to prevent and counter the threat of FTFs. As such, it is imperative that national authorities review their current national criminal justice frameworks and strategies to prevent and counter the threat of FTFs, including returning and relocating FTFs and their families, in both regions. Responding to the identified needs of Member States in countering the threat of FTFs, the UNODC Terrorism Prevention Branch has published this training manual on the investigation, prosecution and adjudication of FTFs in South and South-East Asia. The training manual is intended to be used as an aide for practical training sessions for law enforcement officials and judicial officers. The training manual focuses on, among other aspects, the international and regional legal frameworks relevant to FTFs, with a focus on digital evidence, including online investigatory tools and techniques. The manual also includes an adult learning methodology. 1 Hereinafter for ease of reference, the text uses “ISIL” to refer to ISIL (Da’esh), ISIS, IS or the Islamic State, and the “caliphate” to refer to its area of control. The authors take no position as to the legal or formal status of any group, territory or jurisdiction. v Chapter 1 Overview of foreign terrorist fighter topics 1.1 The foreign terrorist fighter phenomenon Scope of the term “foreign terrorist fighter” The concept of “foreign fighters” is not new. Over the past 250 years alone, nearly 100 civil wars have included the participation of fighters from abroad.2 The Spanish Civil War (1936-1939) is a prime example, in which around 50,000 volunteers from more than 50 countries participated, representing both sides of the conflict.3 The term “foreign fighter” was first officially used in reference to fighters travelling from outside the conflict zone to fight for Al-Qaida in Afghanistan, and has become more and more commonly used since the terrorist-led insurgency started in Iraq in 2003. In the absence of a legal definition, several academics have presented differing meanings of the term. One of the most widely accepted is that of the Geneva Academy of International Humanitarian Law and Human Rights: “A foreign fighter is an individual who leaves his or her country of origin or habitual residence to join a non-State armed group in an armed conflict abroad and who is primarily motivated by ideology, religion, and/or kinship”.4 Terrorists who travel internationally to commit attacks is not a new concept either, and has become an increasing phenomenon since global travel became easier in the twentieth century. The first notable appearance
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