re:constitution
2019/ 2020

Tarik Gherbaoui

Mobility Phase: Institute of Advanced Legal Studies, London & University of Vienna

Citizens of Nowhere? The Revocation of Citizenship of Foreign Fighters and its Impact on Democracy and the Rule of Law

Photo: Joanna Scheffel

Tarik Gherbaoui is a Researcher at the Law Department of the European University Institute in Florence. His doctoral research investigates the European criminal justice response to foreign fighters. His research interests include the interplay between counter-terrorism and human rights, the functioning of the UN Security Council, and freedom of expression. He holds a Master of Laws degree from the European University Institute, a Master of Laws degree from Sidney Sussex College, University of Cambridge, and a Bachelor of Laws degree from the University of Amsterdam. In the context of his doctoral research, he was a visiting doctoral researcher at the London School of Economics and Political Sciences in 2017. He is also a senior editor of the European Journal of Legal Studies. Previously, he acquired professional experience in the field of diplomacy at the European External Action Service and the Ministry of Foreign Affairs of the Netherlands, as well as in law practice, at the International Criminal Tribunal for the Former Yugoslavia and international commercial law firms.

Citizens of Nowhere? The Revocation of Citizenship of Foreign Fighters and its Impact on Democracy and the Rule of Law

European states have recently adopted innovative and controversial counter-terrorism laws that allow for the revocation of citizenship of ‘foreign terrorist fighters’ who have participated in the armed conflict in Syria and Iraq. In response, legal scholars have argued that the revocation the citizenship of foreign terrorist fighters could increase the probability of unmonitored returns of dangerous individuals, preclude the prosecution of terrorist crimes, and result in violations of international human rights law. The research project investigates the rapidly evolving issue of citizenship revocation of foreign terrorist fighters from the perspective of democracy, constitutionalism, and the rule of law. It consists of a comparative and interdisciplinary analysis of the law and practice of citizenship revocation of foreign terrorist fighters in various EU Member States. The main research question that the research addresses is: What is the legal, political, and social impact of the revocation of citizenship of ‘foreign terrorist fighters’ on democracy and the rule of law in Europe? The research explores avenues to build consensus on how to characterise and resolve the vexed legal, moral, and political conundrums surrounding the revocation of citizenship of foreign terrorist fighters within the boundaries of the rule of law.