Family Courts as Part of States' Counter-Terrorism Toolkit: A Welcome Development for the Children of FTF's?

Forthcoming in: Capone, F., Mignot-Mahdavi, R. and Paulussen, C. (eds.), Returning Foreign Fighters, The Hague: T.M.C. Asser Press, (2021)

T.M.C. Asser Institute for International & European Law - Research Paper 2021-05

32 Pages Posted: 7 Sep 2021

See all articles by Rumyana van Ark (nee Grozdanova)

Rumyana van Ark (nee Grozdanova)

University of Amsterdam - Faculty of Law; TMC Asser Institute

Date Written: August 18, 2021

Abstract

The case for family courts having a bigger or exclusive role in making and monitoring arrangements for the families and, in particular, the children of alleged foreign terrorist fighters (FTFs) is strong. These courts can be a conduit for a whole of government approach in respect of children potentially impacted by radicalisation or extremism and/or children of alleged FTFs. As part of the broader rule of law framework, the family justice system works in cooperation with the criminal justice system to ensure the proper administration of justice in both of these jurisdictions. What makes family law better suited to addressing cases of (potentially) radicalised children or children of alleged FTFs however is the best interests of the child principle – a foundational principle of family law regardless of the jurisdiction. What this chapter proposes to do is to put forward the case for family courts and pertinent child support and protection services as a more long-term and sustainable response to the plight of accompanied and orphaned children of alleged FTFs; a response which respects the applicable international legal obligations.

Keywords: foreign fighters, counter-terrorism, children’s rights, family courts, radicalisation

JEL Classification: K14, K33

Suggested Citation

van Ark (nee Grozdanova), Rumyana, Family Courts as Part of States' Counter-Terrorism Toolkit: A Welcome Development for the Children of FTF's? (August 18, 2021). Forthcoming in: Capone, F., Mignot-Mahdavi, R. and Paulussen, C. (eds.), Returning Foreign Fighters, The Hague: T.M.C. Asser Press, (2021), T.M.C. Asser Institute for International & European Law - Research Paper 2021-05, Available at SSRN: https://ssrn.com/abstract=3918209

Rumyana Van Ark (nee Grozdanova) (Contact Author)

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

TMC Asser Institute ( email )

R.J. Schimmelpennincklaan 20-22
Den Haag, 2517 JN
Netherlands

HOME PAGE: http://www.asser.nl/research/research-staff/RumyanaGrozdanova

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