Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism

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Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism

Children of Nowhere

9781800377110 Edward Elgar Publishing
Rumyana van Ark, Senior Researcher in International Law,T.M.C. Asser Institute, University of Amsterdam, the Netherlands, Devyani Prabhat, Professor of Law, University of Bristol Law School, UK and Faith Gordon, Associate Professor of Law and Deputy Associate Dean (Research), ANU College of Law The Australian National University, Canberra Australia
Publication Date: 2024 ISBN: 978 1 80037 711 0 Extent: 244 pp
Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism emphasises the vulnerability of children in situations of war, conflict and radicalisation. Exploring issues of nationality rights and statelessness, chapters examine counter-terrorism measures such as the cancellation of citizenship as a strategy of pre-emption of violence while dissecting relevant cases across Asia, Australia, Europe and North America.

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Critical Acclaim
Contents
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Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism emphasises the vulnerability of children in situations of war, conflict and radicalisation. Presenting innovative interdisciplinary work in the field, this book highlights how an increasingly high number of returning foreign fighters – and by proxy their children – are being refused re-entry to their country of primary citizenship, leading to a significant number of children trapped in conflict regions.

Incorporating data from a broad range of scholarship and empirical sources, the authors outline linkages between counter-terrorism knowledge, policy, and practice, as well as child rights and counter-terrorism law. They argue that to foster the growth and development of children it is imperative to remove all stains of criminality and support their repatriation. Exploring issues of nationality rights and statelessness, the chapters examine the cancellation of citizenship as a strategy of preventative counter-terrorism, while dissecting relevant cases across Asia, Australia, Europe and North America.

This cutting-edge book is essential for academics in human rights, terrorism and security law, humanitarian law, public law, international child law, family law, and migration and citizenship. Its comparative and international coverage of child rights and counter-terror measures will also benefit national security and human rights practitioners.
Critical Acclaim
‘The key message of this groundbreaking new book is that the children of foreign terrorist fighters are victims. It should be required reading for Western governments who have prioritised national security over the best interests of the child, and whose counter-terrorism policies have helped to create the “children of nowhere”.’
– Jessie Blackbourn, Durham University, UK

‘In this clearly argued and meticulously researched book, van Ark, Prabhat, and Gordon explain why we cannot, and must not, ignore terrorism’s hidden victims – the vulnerable children who languish in dangerous conditions to this day. This profoundly important and timely volume should move us all to urgent action.’
– John Horgan, Georgia State University, US

‘This is an accessible examination of an important, but underexplored, topic that will be of much interest to academics and policymakers. Written by key figures in the field, it will be a reference point for years to come.’
– Thom Brooks, Durham University, UK
Contents
Contents
PART I THE CONTINUED EVOLUTION OF THE
COUNTER-TERRORIST STATE
1 Introduction to Children’s Rights, ‘Foreign Fighters’,
Counter-Terrorism 2
2 Outsourcing security risks and punishment through
counter-terrorism measures 15
3 Cancellation of citizenship as preventative counter-terrorism 40
PART II CHILDREN, COUNTER-TERRORISM
MEASURES, AND THE EXPANSION OF
PRE-CRIME SPACES
4 The children of nowhere 76
5 Children in/of conflict 105
6 Children out of conflict 123
PART III INTERNATIONAL AND DOMESTIC LEGAL
RESPONSES
7 Children, (family) court protections, and counter-terrorism 167
8 Children, nationality rights, and statelessness 196
9 Conclusion to Children’s Rights, ‘Foreign Fighters’,
Counter-Terrorism 220
Index 226
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