Issue 5: Rehabilitate (Rather than Criminalise) Foreign Fighters Policy Recommendation:
To rehabilitate and educate (rather than prosecute) foreign fighters and people holding violent extremist views who have not committed any crimes.
Policy Explanation: Prosecute only those British foreign fighters (hereinafter, foreign fighters) for whom there is clear evidence that they have committed a crime while abroad in Syria. Pursue rehabilitation and reintegration for those British nationals who either intended to travel to Syria (but did not go) or travelled but did not commit crimes.
Policy Incentives for the UK:
1. Decrease the flow of foreign fighters a. The UK's current policy of criminalisation is not sufficiently deterring individuals from travelling to Syria to fight. 87 This is in stark contrast with Denmark's model as well as Germany's Hayat Programme which utilise rehabilitation and reintegration to curb the flow of foreign fighters.88 For example, the number of foreign fighters leaving Aarhus, Denmark decreased from 31 in 2013 to only 1 in 2014, 89 while Germany's Hayat Programme describes itself as having made progress in 30-40 (out of 100) cases since 2011.90
2. Provide an effective escape for those foreign fighters who regret their decision to travel abroad a. Many foreign fighters travel to Syria out of ignorance and subsequently regret their decision,91 often risking their lives to escape the groups that they joined. 92 In denying these individuals the option of returning home, the UK is essentially condemning them to a life of international crime that they so desperately want to avoid.93 b. Refusing UK citizens who have chosen to travel to join ISIS the option of returning to the UK additionally passes the weight of responsibility on to the Syrian people. By not taking responsibility for British citizens, the UK Government creates a direct threat to the civilian population in Syria.
3. Obtain the increased cooperation of families and communities in dealing with the issue of foreign fighters a. Families and communities overwhelmingly do not want their children to travel to Syria to fight.94 However, prospects of heavy sentencing can deter them from cooperating with the authorities. For example, the mother of Yusuf Zubair Sarwar, who alerted the authorities of her son's disappearance to Syria, later regretted her decision to do so given the heavy twelve-year sentence that he received.95
4. Establish strong voices to prevent the radicalisation of Britons a. Rehabilitated and reintegrated foreign fighters, who have seen the realities on the ground in Syria, can serve as powerful voices to prevent the radicalisation of other individuals.96 This approach was utilised in Saudi Arabia, where returning fighters went on the media to expose the realities of ISIS. 97
5. Alleviate concerns regarding the inconsistent application of the law a. Foreign fighters to Libya, Iraq, Israel, and Lebanon were not prosecuted by the Government.98 b. Even within the Syrian context, not all cases of foreign fighters are treated equally. 99 c. The UK Government itself provides military support to some Syrian opposition groups.100 Therefore, prosecuting individuals who travel to support these groups (without committing any war crimes) is counter-intuitive.101