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Guidelines for Addressing the Threats and Challenges of Foreign Terrorist Fighters Within a Human Rights Framework

OSCE Office for Democratic Institutions and Human Rights

Abstract

This document seeks to provide states with policy recommendations, and supporting analysis, on some of the key human rights issues that they must grapple with as they seek to respond to the threats posed by foreign terrorist fighters in a manner that is consistent with human rights and the rule of law. Following a brief overview of background facts, international and national responses, this document offers a series of recommendations for a human rights-compliant approach to addressing the flow and return of foreign terrorist fighters. It does not purport to provide an exhaustive analysis of its manifestations, states’ responses or the many human rights challenges arising in OSCE participating States from the challenge of foreign terrorist fighters. Nor does it purport to present straightforward solutions to a complex and multi-faceted problem. Instead, it seeks, through recommendations and supporting analysis, to suggest human rights approaches, consistent with states’ obligations and commitments, in light of concerns that have arisen in practice.