The Prosecution of Foreign Fighters under International Humanitarian Law: Misconceptions and Opportunities

In this ICCT Perspective, an explanation of international humanitarian law is given, followed by how it applies to the conflicts in Syria and Iraq and thus to the foreign fighters active within these conflicts. After that, a number of misconceptions about international humanitarian law and armed groups more generally are presented. Subsequently, the interaction between counter-terrorism and international humanitarian law is discussed, as well as the opportunities that the latter field of law can provide in the prosecution of foreign fighters. The paper ends with some concluding remarks and concrete recommendations.