During the past years a number of nationals have subscribe to the ideology of theIslamic State, but recently the dynamics have changed, with some willing to returned home from the Middle East. Critically some may have received jihadi tactics or even seen in combat, but so far a majority of supporters are increasingly understanding the misguided perception of these crusaders (jihadists), the violation of the human rights and prescriptions of the Holy Quran in relation to their activities. While anti-terrorism legislation offers potential avenues for prosecuting returning jihadists, the aspect of nationality of these fighters also moderate security debates from the level of intelligence and cooperation amongst states in case of reintegrating former jihadist or fighters after convictions in the society. This paper does not only explain Shamima’s breach of state norms of UK but also explores the legal stance for refusal of nationality and why a terrorist or jihadist can be reintegrated in the British society.
By Saron Messembe Obia
Cultural integration and human security, two aspects of contemporary crimes (organized crimes, terrorism, religious extremism and jihadist tendencies). The emergence of regional and international actors (jihadists, terrorist or extremists) instrumentalizing individuals “foreign fighters” either for religious or political agenda is not new. Over the past years’ human security has been the main agenda of the United Nations, European Union and African Union, due to internal wrangling, fragmentation of states and the rise of terrorist organizations. For example; the Spanish Civil War (1936-1939), about 50,000 volunteers from more than 50 countries were involved, representing both sides of the conflict. The term “foreign fighter” was first used in reference to fighters travelling from outside the conflict zone to fight for Al-Qaida in Afghanistan. In relation to menace on human security, the Geneva Academy of International Humanitarian Law and Human Rights defines:
“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”.
On September 24, 2014, the United Nations Security Council, expressing grave concern about the increasing threat posed by foreign terrorist fighters and by individuals who are recruited by the so-called Islamic State (IS, also known as ISIL or ISIS); the Al-Nusrah Front; and other cells, unanimously adopted Resolution No. 2178 of 2014 condemning such groups and individuals.The Resolution was adopted under chapter VII of the UN Charter and is binding on the Member States. However, there exist limits, as the Resolution is not self-executing and requires UN Members to adopt domestically or internationally strategy through bilateral or multilateral agreements to curb the emergence of foreign fighters.
According to Resolution 2178/2014 requires that the UN Member States take action to prevent and suppress “the recruiting, organizing, transporting or equipping of individuals who travel to a State other than their States of residence or nationality” with the intent to commit, plan, or participate in terrorist acts or to be drilled as terrorists, as well as the financing activities.Prevention of Entry or Transit Member States are required to take measures to prevent the entry or transit through their territories of any person for whom the state “has credible information that provides reasonable grounds to believe that he or she is seeking entry into or transit through their territory” in order to commit the acts described above, including any acts or activities demonstrating that an individual or entity is associated with Al-Qaeda, as provided for in Resolution No. 2161/2014.5 As in Resolution No. 2178/2014, Member States are not obliged to deny entry to or order the departure from their territories of their own nationals or permanent residents.
This paper explores the impact of the return of Shamima Begum as from a legal perspective, by first examining her departure from her country of origin to Syria, and then the legal prerogatives that can limit her return to UK.
Application of theStylized Fact Model on Shamima Begum’s Case
One of the most strategic model that conceptualizes the menace on human security in the 21st century is the stylized fact model by Professor Tilman Brück, Professor Friedrich Schneider & Marie Karaisl (2007), which examines the Dynamics between security and insecurity. The impact of security measures in relation to counter terrorism, particularly of the terrorist behavior should is economically challenging. Security measures aim to limit or mitigate impacts of modern terrorism. This paper uses the stylized facts model, to point out how terrorists undermine defensive policies, target selection, pattern of attack and timing.
With respect to defensive measures taken by regional and international organizations to decrease resource endowments of sovereignty free actors or jihadi groups, the actors adopt different trends; structural and managerial rehabilitation to circumvent restrictions on their activities. Strategic response to terrorism and jihadist tendencies has become more severe for returning fighters or jihadists from the Middle East and Asia evading proactive policies as illustrated for example by the elusive network structure of al-Qaeda and ISIS. The case of Shamima Begum continues to moderate international and regional debates amongst scholars and security experts.
The absence of consular in Syria to provide assistance for British nationals is very strategic in relation of the territory being alienated to a terrorist base with transnational networks like Al Qaeda and ISIS. As such, Shamima Begum is of the competence of intelligence services, counter-terrorism police, and specialist security and legal officials in the Home Office of United Kingdom. Dealing with returning terrorist fighters will be a phenomenal cancer with the recent case and ISIS aspiration to create a Caliphate in Syria, while soliciting supporters from other state or region to travel to Syria for training. The present situation does not only to those involved in active combat, but also to non-combatants aspiring or have been of assistance to proscribed organizations. Shamima Begum was 15-years old, when she and other youngsters (girls) East London adhere to Islamic State (ISIS) in Syria crusade in 2015. Her (Shamima Begum) media interview with the Times in a refugee camp (al-Hawl refugee camp in north-eastern Syria) in Syria in February 2019, revealed she was nine months pregnant and expressed a wish of returning to her country of origin, with no regret for her links to jihadism.
The Government estimates that approximately 900 people have travelled to Syria and Iraq for global jihad, of which approximately 40% have returned. The territory controlled by ISIS in Syria and Iraq has shrunk since 2014 as a result of military efforts by an international coalition of forces. The geostrategic advancement of the coalition in controlled territory will eventually appeal for more fighters, seeking to return. But the threat posed is not ignored by Alex Younger, Chief of MI6, subscribing to the return of British nationals, but also exposing a threat to the public and need of significant level of resource.
Although the stylized fact model has proven useful, there exist some limitations in relation to the nature and characteristics of individual terrorists and terror organizations as a whole: first, it does not differentiate between differing motivations and preferences of individual terrorists that will determine how willing individuals are to give up their violent activities; second, the model does not account for factors that will determine the “price” or “value” of terrorist actions besides security measures themselves.
The British legal prescription for returning foreign fighters
Drawing from the British Nationality Act 1981 the Home Secretary has the legal power to deprive a person of British nationality if convinced that it is “conducive to the public good” provided that they would not be made stateless. The case study is critical to national security, following recent events in Britain, followed by intelligence breach and terrorist aspirations. The act equally prescribes that, the Home Secretary can also deprive a person of their citizenship or nationality obtained through naturalization, if they have conducted themselves, “in a manner which is seriously prejudicial to the vital interests of the [UK]”, and there are reasonable grounds to believe they could become a national of another country. Ms Begum Bangladeshi citizenship could be evoked to limit her return to UK, if proven.
An appeal by Ms Begum to the Special Immigration Appeal Commission, can equally be counter with temporary exclusion order (TEO). Counter-Terrorism and Security Act 2015 through a TEO enables the Home Secretary to prevent any individual suspected of having been involved in terrorism related activity outside the UK from returning to the UK, unless they accept certain specified conditions.
With the implementation of TEOs, the Government can engage legal proceedings or prosecute anyone who has travelled abroad to engage in terrorism related activity. Despite the existence of several terrorist offences that could be raise, which are but not limited to; adherence to ideology or terrorist organization supporter, and attendance at a place used for terrorism training. However, there may be some challenges in obtaining evidence of an individual engage in terrorist activities abroad, if the territory does not cooperate with the functioning criminal justice system of UK.
In addition to the above, the Counter-Terrorism and Border Security Act 2019 introduced a new offence of “entering or remaining in a designated area” aimed at addressing the global menace to human security. The new offence applies to individuals who travel to certain designated parts of the world, without the need to provide evidence of terrorism-related activity whilst there. But, the legal position with respect to members of proscribed organizations seeking to return to the UK depends on their nationality and immigration status. However, the Government have the sole power to prevent anyone from returning to UK base on legal and intelligence facts.
CTA, FOREIGN FIGHTERS AND RETURNEES FROM A COUNTER-TERRORISM PERSPECTIVE, IN PARTICULAR WITH REGARD TO SYRIA (May 28, 2013), http://www.statewatch.org/news/2013/jul/eu-council-terr-coordinator-syria-9946-13.pdf.
Richard Barrett, “Foreign fighters in Syria” (Soufan Group, June 2014), p. 9; Security Council 7272nd meeting, 24 September 2014 (S/PV.7272).
Richard Barrett, “Beyond the caliphate: foreign fighters and the threat of returnees” (Soufan Center, October 2017 ).
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How to identify Fake News or Messages on Social Media
Beware of Fake News and Fake Messages on Social Media
Always follow websites or social media platforms of traditional media outlets whether newspapers, magazines,Television News Channels or Radio Stations and authentic online only media outlets.They still maintain journalism excellence and stress on reportorial talent.On the other hand, fake news websites run by people with non journalism background and promote their own ideology with fake news and disinformations and obviously conspiracy theories.
But unfortunately mainstream media also manipulates news to establish their story angle.There were various instances when News papers and TV Channels promoted fake news/conspiracy theories in the form of out of context or manipulated pictures/videos and distorted informations.
Always check the URL of any website.Some fake news websites look like the orginal and popular one the same layout,Logo but if you check the URL you may find extra words like if the orginal website's URL is www.xxx.com the duplicate one might be www.xxx.com.co or something like that so first check the URL for authentic informations.
Check whether photos are original or photoshopped.Check Google images for authenticity.You can find help from Google Reverse Images search.
Check the news sources from other websites whether they picked up the story or not.
Whether the website layout is little bit clumsy and obviously grammatical mistakes and spelling mistakes and excessive use of Sex related and sensational and hate stories.Because sex and hate sells.
Follow official websites relating to COVID-19
WHO Clarifies the disinformation about the virus:
COVID-19 virus can be transmitted in areas with hot and humid climates
Cold Weather and Snow can not kill the new coronavirus
Taking a Hot Bath Does Not Prevent COVID-19
COVID-19 Can not be transmitted through mosquito bites
Spraying alcohol or chlorine all over your body will not kill viruses that have already entered your body. Spraying such substances can be harmful to clothes or mucous membranes (i.e. eyes, mouth)
According to World Health Organization (WHO): Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water
Maintain at least 1 metre (3 feet) distance between yourself and anyone who is coughing or sneezing.
Avoid touching eyes, nose and mouth . If you have fever, cough and difficulty breathing, seek medical care early.
Stay at home if you begin to feel unwell, even with mild symptoms such as headache and slight runny nose, until you recover.
Follow WHO guidelines
When you follow COVID-19 related news and messages from social media then check and recheck it before consuming it.Follow journalism mantra: if your mother says she loves you, check it out.
Most of the messages or informations quote different organizations like WHO, UNICEF, UNDP,Cambridge University or other well known institutes,organizations or individual to authenticate the messeges.Check official websites of these organizations if stories are repeated there
Forwarding messages from unknown sources or little known sources, it would be better to ignore it.
Check whether any logo like UNICEF or WHO or other organizations used in the messages which look similar to original logo.
These type of messages are full of Grammatical mistakes and spelling mistakes which are quite uncommon in original messages.
Don't rely on viral social media messages such as Coronavirus Infected Indian Currencies of Rs.500 and Rs.2,000 Notes Found, Muslim Man Spit in Food At Indian Restaurant.....Always Check Authentic Sources.
Some fake messages pretend to be real one like unofficial Twitter handle of international media organizations like BBC,CNN,Washinton Post, New York Times-check the official Twitter handles of media outlets.
You can identify fake messages if the message requests you to share it.
Beware of Fake News or Fake Photos/Videos Relating to Communal Hatred
Always check the fact checking sites if you have some doubts about the authenticity of any information or picture.
The Same Method Applies to You Tube Videos Check the Source the credibility of the Source.To Check Fake You Tube Videos Check and Recheck the sources. Does the person have the legal right to the video posted? Did that person capture the video? Whether it has been altered?
But due to advancement of technology we can not really wipe out fake news.According to experts advent of Artificial Intelligence(AI) some companies small or big one developing technologies that can lay digitally created script to anybody's voice even words,sentences never said by the person.Even they a.re developing a technology which can create fake video footage,images,audios like originals.So be cautious! Rumour-mongers are active everywhere whether in physical world or cyber world.
For any further information relating to fake news and how-to search authentic informations from the internet write to us firstname.lastname@example.org or Whats App:+916289017966