Article language: English.
Abstract
In the 21st century the rise of numerous Non-state Armed Groups (NSAGs) such as the Islamic State of Iraq and the Levant (ISIS), and Al Qaeda has been experienced. With the height of the “smart” generation and the ubiquity of social media platforms, numerous individuals from across all corners of the globe have been recruited by such groups online and have gone on to join them in the Middle East and Northern Africa. However, a prominent legal hurdle arises when they wish to return to their nation of birth. This article aims to analyse numerous instruments of international law, recent decisions by the European Court of Human Rights (ECtHR), diplomatic policies adopted by EU member nations, and Milanovic’s concept of the “personal model of extraterritorial jurisdiction” to answer one primary question – are States under an “erga omnes” obligation to repatriate Foreign Terrorist Fighters?
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