IRRC No. 907/908/909
Returning foreign fighters: The case of Denmark
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Abstract
This article considers which legal regimes apply in cases where a Danish citizen and/or
resident returns from Syria or Iraq after having taken part in the armed conflict on
behalf of the group known as Islamic State, and continues his/her affiliation with
the armed group. The article argues that international humanitarian law currently
applies to the Danish territory and that a Danish foreign fighter may continue to
be considered as taking a direct part in hostilities after having returned from Iraq
or Syria. The article then considers the application of Danish criminal law to
returned foreign fighters and argues that Danish counterterrorism laws do not
apply to members of the armed forces of an armed group that is party to an armed
conflict with Denmark.