Christophe Paulussen - Academia.edu (original) (raw)

Papers by Christophe Paulussen

Behoudens uitzondering door de wet gesteld, mag zonder schriftelijke toestemming van de rechthebb... more Behoudens uitzondering door de wet gesteld, mag zonder schriftelijke toestemming van de rechthebbende(n) op het auteursrecht c.q. de uitgevers van deze uitgave, door de rechthebbende(n) gemachtigd namens hem (hen) op te treden, niets uit deze uitgave worden vereenvoudigd en/of openbaar gemaakt door middel van druk, fotocopie, microfilm of anderszins, hetgeen ook van toepassing is op de gehele of gedeeltelijke bewerking. De uitgevers zijn met uitsluiting van ieder ander onherroepelijk door de auteur gemachtigd de door derden verschuldigde vergoedingen van copiëren, als bedoeld in artikel 17 lid 2 der Auteurswet 1912 en in het KB van 20-6-'64 (Stb. 351) ex artikel 16b der Auteurswet 1912, te doen innen door (en overeenkomstig de reglementen van) de Stichting Reprorecht te Amsterdam. Niets uit deze uitgave mag worden verveelvoudigd en/of openbaar gemaakt door middel van druk, fotocopie, microfilm of op welke andere wijze ook, zonder voorafgaande schriftelijke toestemming van de uitgevers. No part of this book may be reproduced in any form, by print, photo copy, microfilm or any other means, without written permission from the publishers.

This seminar report explores the suggested link between radicalisation, the foreign fighter pheno... more This seminar report explores the suggested link between radicalisation, the foreign fighter phenomenon, terrorism and mental health problems, taking the situation in the Netherlands as a case study. After an initial mapping of the suggested link, including the presentation of new numbers, research is explored on the causes and mechanisms of radicalisation in relation to mental health issues in more detail. In particular, the social defeat hypothesis, addressing dopamine disturbance due to social exclusion, is discussed in relation to radicalisation. The paper subsequently examines possible responses and looks at some preliminary thoughts as well as concrete ideas, both more long-term and more short-term focused. Finally, the report offers a few thoughts on the way forward.

Terrorism is all over the news these days but not always in the negative. For example, the Global... more Terrorism is all over the news these days but not always in the negative. For example, the Global Terrorism Index 2017 has established that the number of deaths caused by terrorism has decreased in 2016. Nigeria has even witnessed an 80 per cent reduction in the number of people killed by Boko Haram. At the same time terrorism is spreading to more countries. For instance, no fewer than 106 nations experienced at least one terrorist attack in 2016. In Europe, an increase is visible. While in 2002 there were 129 attacks leading to 14 deaths, the year 2016 witnessed 630 attacks and 826 deaths. This security problem has led to what Amnesty International has recently called “the ever-expanding national security state in Europe”, as a result of which “[b]rick by brick, the edifice of rights protection that was so carefully constructed after the Second World War, is being dismantled.” Also the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein, warned in March 2015:

2013 was marked with several noteworthy events with particular relevance to international humanit... more 2013 was marked with several noteworthy events with particular relevance to international humanitarian law, such as the continuation of the conflict in Syria and the incidents related to the use of chemical weapons in that conflict; several key decisions in international, hybrid and national courts related to the adjudication of war crimes, crimes against humanity and genocide; the passage of an Arms Trade Treaty text; the 150th anniversary of the International Committee of the Red Cross; and the release of the second part of the Turkel Commission Report. This chapter addresses a number of these issues among other events of note.

This article will briefly present a number of international human rights law considerations relat... more This article will briefly present a number of international human rights law considerations related to the topic of citizenship stripping of foreign fighters, that is: “individuals, driven mainly by ideology, religion and/or kinship, who leave their country of origin or their country of habitual residence to join a party engaged in an armed conflict”, most notably the conflict in Syria and Iraq. After that, the article will focus on considerations in the context of international humanitarian law, which have been less frequently the subject of academic debate. This contribution concludes that citizenship stripping is not only highly problematic under international human rights law, but also from the perspective of international humanitarian law. The measure – which is likely to constitute cruel, inhuman or degrading treatment or punishment – violates Article 3 Common to the four Geneva Conventions, but it also undermines accountability for international humanitarian law violations al...

On the basis of the case studies of deprivation of nationality and the non-repatriation and possi... more On the basis of the case studies of deprivation of nationality and the non-repatriation and possible prosecution of foreign fighters and their families, this article will argue that some counter-terrorism measures, adopted under the justification of protecting national security, will not make these countries, and thus also the individuals under its jurisdiction, safer. Hence, it is wondered whether the notion of national security is both spatially and temporally still in sync with the hyperconnected world in which we live and in which terrorists operate—and whether it is not better to move to the adoption of the broader concept of sustainable security. This article will then turn to the question of whether ordinary citizens (or NGOs litigating on their behalf) could use their existing right to security of person to block those inefficient measures and if not, whether they should be able to operationalise the concept of sustainable security in the human rights context. The article wi...

This book critically reflects on the relationship between ‘core crimes’ which make up the subject... more This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

Journal of International Criminal Justice

United Nations (UN) Security Council Resolution 2331 (2016) recognizes that ‘acts of sexual and g... more United Nations (UN) Security Council Resolution 2331 (2016) recognizes that ‘acts of sexual and gender-based violence, including when associated to trafficking in persons, are known to be part of the strategic objectives and ideology of certain terrorist groups, used as a tactic of terrorism and an instrument to increase their finances and their power through recruitment and the destruction of communities’. In the same resolution, the Council noted that such trafficking, particularly of women and girls, ‘remains a critical component of the financial flows to certain terrorist groups’ and is ‘used by these groups as a driver for recruitment’. Boko Haram and Al-Shabaab are among the main terrorist groups that have used human trafficking (including for sexual exploitation) and conflict-related sexual violence as tactics of terrorism, or ‘sexual terrorism’. This article will: (i) explain the nexus between these three crimes; (ii) focus on its different manifestations in the context of t...

Terrorism and Counter-Terrorism Studies

Whereas not all foreign fighters (FFs) are foreign terrorist fighters (FTFs), the United Nations ... more Whereas not all foreign fighters (FFs) are foreign terrorist fighters (FTFs), the United Nations Security Council (UNSC) does not make use of the term FFs, but of the term FTFs. This shows that for the UN, the problem of FFs is mainly viewed from a counterterrorism (CT) perspective. The very first reference to FTFs was made in UNSC Resolution 2170 of 15 August 2014, 9 without defining them (or terrorism). The (legally binding) Resolution called upon all UN Member States "to take national measures to supress the flow of foreign terrorist fighters […] and bring [them] to justice". 10 The most important resolution on FTFs is without a doubt (the also legally binding) UNSC Resolution 2178 of 24 September 2014, 11 which does define FTFs (althoughagain-not terrorism as such). According to this Resolution, FTFs are "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, including in connection with armed conflict". 12 As noted by Krähenmann, the intent aspect of the definition of a FTF is problematic as one has to prove that a person is travelling abroad to join an armed group with the purpose of committing terrorist attacks. 13 "Instead, the decisive criterion seems to be which groups foreign fighters are joining or intending to join: joining or attempting to join groups that are labelled as 'terrorist' becomes an offence in itself." 14 The Resolution requires in its paragraph 6 that States criminalise in their national laws and regulations, as serious criminal offences, the following conduct relevant to FTFs, namely (attempted) travel, fundraising and the organisation (or other facilitation, including recruitment) of the travel of FTFs. 15 This resolution arguably provides the impetus and international legal basis for how States react to FTFs and focuses on tackling the early stages of possible FTF activity. For example, it requires that ………………………………………………………………………………………………………………………

European Journal of Criminology

This article seeks to map the possible bottlenecks for international legal cooperation in the con... more This article seeks to map the possible bottlenecks for international legal cooperation in the context of terrorism and/or organized crime. The assumption is that – because of the crime–terror nexus – any obstacle encountered in that area with respect to the suppression of one form of criminality will backfire on the other form as well. After addressing the indefinite concept of terrorism, and its connection with organized crime, we will look at extraterritorial jurisdiction and international cooperation in criminal matters. In the final section, we will offer a number of concluding observations.

International Criminal Law Review

Security and Human Rights

This policy brief analyses the state of emergency regime that was declared by the French Governme... more This policy brief analyses the state of emergency regime that was declared by the French Government immediately after the November 2015 attacks and ties it to France’s legislative response to terrorism more generally. It is observed that, at various levels, serious human rights concerns arise that are detrimental to the fight against terrorism. In conclusion, concrete policy recommendations are offered to address these concerns.

Terrorism and Counter-Terrorism Studies, 2016

The EU's CT Strategy based on the four pillars of prevent, protect, pursue, and respond, remains ... more The EU's CT Strategy based on the four pillars of prevent, protect, pursue, and respond, remains the primary prism through which the FF phenomenon is perceived and policy options are formulated. While the CT Strategy was set out in 2005, it was only in 2013 that the EU began to respond to the FF threat in the context of Syria/Iraq, with the EU Counter-Terrorism Coordinator outlining 22 proposals. In 2014, the Council of Justice & Home Affairs (JHA) Ministers set out four priority areas: "[1] to prevent radicalisation and extremism, [2] share information more effectively-including with relevant third countries, [3] dissuade, detect, and disrupt suspicious travel and [4] investigate and prosecute foreign fighters", which has remained the core of the EU's policy response to FF. With reference to the first priority, the Commission released the communication, "Preventing Radicalisation to Terrorism and Violent Extremism: Strengthening the EU's response" in 2014. Already in 2011, the Commission had launched the Radicalisation Awareness Network (RAN), in order to assist front-line practitioners through the exchange of experiences and good practices. In November 2015, the RAN Centre of Excellence was established. Given the prominence that IS places on its social media communications, the Commission financed the Syria Strategic Communications Advisory Team, whose role is to help MS develop effective counter-narratives. Additionally, efforts have been made to improve the detection and removal of extremist social media content from the Internet. In July 2015, Europol set up the Internet Referral Unit at the behest of the JHA Council. With regard to the second priority, international cooperation has been strengthened through intensified cooperation especially with countries geographically close to Syria/Iraq. Following the decision taken by the JHA Ministers in November 2015, Europol has launched the European Counter Terrorism Centre in The Hague in January 2016, as a platform for sharing information and coordinating cross-border investigation, focusing on FF, the trafficking of illegal firearms and terrorist financing. With regard to the third priority, in April 2013, the much-delayed, second-generation Schengen Information System went live, allowing "for an easy exchange of information between national border control authorities, customs and police authorities on persons who may have been involved in a serious crime", a crucial tool for combatting the FF phenomenon. Another important step was the creation of the Focal Point Travellers by Europol in 2013, which contributes to information sharing among MS and third countries with regards to suspected individuals. Regarding priority number four, the EU prioritised the investigation and prosecution of FF. A key part of this has been the drive to update the EU Council Framework Decision (FD) of 2002, as was already done once before in late November 2008 through FD 2008/919/JHA, to be able to address the new legal challenges presented by the FF phenomenon. In December 2015, the European Commission agreed on a new directive replacing FDs 2002/475/JHA and 2008/919/JHA on combating terrorism. This new directive proposes to strengthen the FD by criminalising the provision of training for terrorism, the receiving of training for terrorism, and the funding of terrorism. All in all, much progress has been made within the EU. Many of these initiatives are part of a more general evolution of EU CT policy rather than targeting FF specifically. Policies in the Member States Responses to the ICCT questionnaires show that every MS has developed its own national approach to terrorism, FF, and radicalisation. Some countries, including ones that have little prior history with terrorism and only a few FF, have developed elaborate, comprehensive strategies, or are currently in the process of doing so. The general impression is that countries have a broad set of security and legislative measures at their disposal to prevent and counter the problem of FF, from informative hotlines to

Foreign Fighters under International Law and Beyond, 2016

This Chapter looks at the specific national practices of those five European countries with the l... more This Chapter looks at the specific national practices of those five European countries with the largest numbers of departed residents or nationals who have joined Sunni militant organisations in the Syria/Iraq conflict, namely Belgium, France, Germany, the Netherlands and the United Kingdom. Specifically, it examines the legal frameworks applicable to (potential) foreign fighters before, during and after travel with a particular focus on criminal prosecutions. Other measures, such as administrative sanctions, are also explored to provide a more comprehensive overview of how the selected States address the foreign fighter phenomenon within their respective jurisdictions. This Chapter shows that criminal law jurisprudence is still far from crystallised and more generally, that even though States on paper try to find a balance in their growing arsenal of measures countering foreign fighters, many of them are of a repressive nature and have received criticism. The authors argue that policy makers should strive for necessary and proportionate measures only, in full respect of international law, including human rights law.

No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form ... more No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

Journal of International Criminal Justice

Terrorism and Counter-Terrorism Studies

European Journal of Criminology

International Criminal Law Review

Security and Human Rights

Terrorism and Counter-Terrorism Studies, 2016

Foreign Fighters under International Law and Beyond, 2016