IDEAS home Printed from https://ideas.repec.org/a/sae/sagope/v11y2021i3p21582440211032679.html
   My bibliography  Save this article

Repatriation as a Human Rights Approach to State Options in Dealing with Returning ISIS Foreign Terrorist Fighters

Author

Listed:
  • Setyo Widagdo
  • Kadek Wiwik Indrayanti
  • Anak Agung Ayu Nanda Saraswati

Abstract

Since the territorial defeat of the Islamic State of Iraq and Syria (ISIS), debates and questions on what states should do (individually and or collectively) with foreign terrorist fighters (FTFs) from their countries have become more relevant yet controversial. This article critically investigates whether states of origin have an obligation to repatriate ISIS FTFs under international law as well as what options are available for such countries in dealing with returning ISIS fighters based on a human rights approach. This article also highlights that the current international legal framework is generally moving toward the repatriation of FTFs for the purpose of prosecution and rehabilitation. While states have taken diverse and controversial approaches in dealing with fighters who wish to return, the option to repatriate and fairly prosecute them in their countries of origin is seen as the most comprehensive and preferred approach, not only for the countries of origin but also for the international community as a whole in the long term.

Suggested Citation

  • Setyo Widagdo & Kadek Wiwik Indrayanti & Anak Agung Ayu Nanda Saraswati, 2021. "Repatriation as a Human Rights Approach to State Options in Dealing with Returning ISIS Foreign Terrorist Fighters," SAGE Open, , vol. 11(3), pages 21582440211, July.
    • Handle: RePEc:sae:sagope:v:11:y:2021:i:3:p:21582440211032679
    DOI: 10.1177/21582440211032679
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/21582440211032679
    Download Restriction: no
    File URL: https://libkey.io/10.1177/21582440211032679?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Dina A. M. Lutfi, 2020. "Challenging Perceptions of Modern Arab Art," Contemporary Review of the Middle East, , vol. 7(3), pages 286-300, September.
    2. ., 2017. "Buyer power: its definition and measurement," Chapters, in: Competition Policy and the Control of Buyer Power, chapter 3, pages 38-78, Edward Elgar Publishing.
    3. Esther L. George, 2020. "Pondering Payments: Challenges of Reaching All Americans," Policy Perspectives, Federal Reserve Bank of Kansas City, pages 1-3, June.
    4. Miao He & An Cliquet, 2020. "Challenges for Protected Areas Management in China," Sustainability, MDPI, vol. 12(15), pages 1-29, July.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Farzana Sharmin & Mohammad Tipu Sultan & Alina Badulescu & Dorin Paul Bac & Benqian Li, 2020. "Millennial Tourists’ Environmentally Sustainable Behavior Towards a Natural Protected Area: An Integrative Framework," Sustainability, MDPI, vol. 12(20), pages 1-24, October.
    2. Carlos Salas-Páez & Luis Quintana-Romero & Miguel A. Mendoza-González & José Álvarez-García, 2022. "Analysis of Job Transitions in Mexico with Markov Chains in Discrete Time," Mathematics, MDPI, vol. 10(10), pages 1-13, May.
    3. Gupta, Shivam & Justy, Théo & Kamboj, Shampy & Kumar, Ajay & Kristoffersen, Eivind, 2021. "Big data and firm marketing performance: Findings from knowledge-based view," Technological Forecasting and Social Change, Elsevier, vol. 171(C).
    4. Yong Su & Jacob Cherian & Muhammad Safdar Sial & Alina Badulescu & Phung Anh Thu & Daniel Badulescu & Sarminah Samad, 2021. "Does Tourism Affect Economic Growth of China? A Panel Granger Causality Approach," Sustainability, MDPI, vol. 13(3), pages 1-12, January.
    5. Cornelis, Erwin, 2019. "History and prospect of voluntary agreements on industrial energy efficiency in Europe," Energy Policy, Elsevier, vol. 132(C), pages 567-582.
    6. Zhifeng Zhang & Yuping Tang & Hongyi Pan & Caiyi Yao & Tianyi Zhang, 2022. "Assessment of the Ecological Protection Effectiveness of Protected Areas Using Propensity Score Matching: A Case Study in Sichuan, China," IJERPH, MDPI, vol. 19(8), pages 1-15, April.
    7. Tatag Muttaqin & Fitri Raflesia & Erni Mukti Rahayu, 2022. "Measuring the role of stakeholders in management of Yang Highlands Wildlife Reserve Area, Situbondo Districts East Java Indonesia," Technium Social Sciences Journal, Technium Science, vol. 33(1), pages 468-478, July.
    8. Liang Chang & Teiji Watanabe, 2021. "Dilemma Faced by Management Staff in China’s Protected Areas," Land, MDPI, vol. 10(12), pages 1-18, November.
    9. Andrew Rule & Sarah-Eve Dill & Gordy Sun & Aidan Chen & Senan Khawaja & Ingrid Li & Vincent Zhang & Scott Rozelle, 2022. "Challenges and Opportunities in Aligning Conservation with Development in China’s National Parks: A Narrative Literature Review," IJERPH, MDPI, vol. 19(19), pages 1-24, October.
    10. Madurai Elavarasan, Rajvikram & Shafiullah, GM & Raju, Kannadasan & Mudgal, Vijay & Arif, M.T. & Jamal, Taskin & Subramanian, Senthilkumar & Sriraja Balaguru, V.S. & Reddy, K.S. & Subramaniam, Umashan, 2020. "COVID-19: Impact analysis and recommendations for power sector operation," Applied Energy, Elsevier, vol. 279(C).
    11. Frida Carmina Caballero-Rico & Ramón Ventura Roque-Hernández & Ricardo de la Garza Cano & Eduardo Arvizu-Sánchez, 2022. "Challenges for the Integrated Management of Priority Areas for Conservation in Tamaulipas, México," Sustainability, MDPI, vol. 14(1), pages 1-28, January.
    12. Haleemunnissa, S. & Didel, Siyaram & Swami, Mukesh Kumar & Singh, Kuldeep & Vyas, Varuna, 2021. "Children and COVID19: Understanding impact on the growth trajectory of an evolving generation," Children and Youth Services Review, Elsevier, vol. 120(C).
    13. Matteo Fiorini & Bernard Hoekman & Petros C. Mavroidis & Douglas Nelson & Robert Wolfe, 2021. "Stakeholder Preferences and Priorities for the Next WTO Director General," Global Policy, London School of Economics and Political Science, vol. 12(S3), pages 13-22, April.
    14. Barbara Kasulaitis & Callie W. Babbitt & Anna Christina Tyler, 2021. "The role of consumer preferences in reducing material intensity of electronic products," Journal of Industrial Ecology, Yale University, vol. 25(2), pages 435-447, April.
    15. Wenyuan Jiang & Shuanglin Jiang, 2023. "Evolution of Regulations Controlling Human Pressure in Protected Areas of China," Sustainability, MDPI, vol. 15(5), pages 1-23, March.
    16. Liu, Xia, 2023. "Tourism development, environmental regulations, and natural resource management: Evidence from G20 countries," Resources Policy, Elsevier, vol. 86(PA).
    17. Lim, Weng Marc & Yap, Sheau-Fen & Makkar, Marian, 2021. "Home sharing in marketing and tourism at a tipping point: What do we know, how do we know, and where should we be heading?," Journal of Business Research, Elsevier, vol. 122(C), pages 534-566.
    18. Nguyen, Trang & de Brauw, Alan & van den Berg, Marrit & Do, Ha Thi Phuong, 2021. "Testing methods to increase consumption of healthy foods evidence from a school-based field experiment in Viet Nam," Food Policy, Elsevier, vol. 101(C).
    19. Interian, Ruben & Ribeiro, Celso C., 2018. "An empirical investigation of network polarization," Applied Mathematics and Computation, Elsevier, vol. 339(C), pages 651-662.
    20. Ahmed Nuru Zeleke & Tuğba Deniz, 2023. "The Impact of Visitor Profile on Effective Management of Protected Areas: A Case of Atatürk Arboretum," Sustainability, MDPI, vol. 15(6), pages 1-11, March.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:sagope:v:11:y:2021:i:3:p:21582440211032679. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.