Case Study : ISIS returnees – Is the UK doing the right thing?
INTRODUCTION
The rise and consequent decline in Islamic State of Iraq and Syria (ISIS) led to develop complex ethical, legal and societal challenges revolving around return of British nationals (Shepherd, 2021). The current case [ISIS returnees – Is the UK doing the right thing?] will focus on analysing whether UK adopted appropriate procedure for refusing the citizenship of ISIS returnee or not. Shamima Begum a 25-years-old girl left the UK when she was 15 years old; her vision was to join Islamic State Group in Syria (Shamima Begum Case, 2020). However, in 2019 Shamima planned to re-enter in UK nevertheless, in accordance with national security grounds her citizenship was denied (Shamima Begum Case, 2020). The centre issue is revolving around UK’s stance on repatriation, citizenship, revocation and broader implication of human rights and national security. The current case study response aims to assess and analyse these critical dimensions and identifying whether UK is addressing these complex situations properly. Furthermore, an in-depth discussion of the problems will be done while linking this to relevant literature. Moreover, recommendations will be provided.
DESCRIPTION
The present case revolving around Shamima Begum; in yar 2015 Shamima and her two friends aimed to travel in Syria for joining ISIS group; this groups is responsible for conducting terrorist attack in all over world. Shamima’s parents were Bangladeshi and she was born in the UK. In Syria Shamima got married to Yago Riedijk; he was an Islamic state combatant; Shamia had three children but none of her child survived (Shamima Begum Case, 2020). Shamima applied for UK citizenship in 2019 and at that time she was leaving in a camp within Syria that was controlled by armed protecters. During this time Shamima was nine months pregnant with her third child. However, the child died due to lungs infection and afterwards, Shamima made an appeal in court through special Immigration Appeal Commission. But the court refused this appeal due to security reasons.
This case led to drew intense media attention that was as it was fueled by debates based on legal rights, citizenship and moral responsibilities. The UK government responded through revoking citizenships and arguing that Shamima possesses a security risk. In February 2021, Supreme court stated that Begum cannot return to UK and further she could not fight for her citizenship claim (Shamima Begum Case, 2020). This case exemplifying the intersection of ethics and security law while coving crucial context related to terrorism and citizenship.
DISCUSSION
UK’s decision to revoke for citizenship of individuals like Begum has been stemming from national security considerations. In this context the government argued that returning ISIS fighter and their associates possess significant threat due to radicalization and military training. From the research it has been witnessed that; providing citizenship to ISIS returnee upholding the notion of security reasons. UK’s counter terrorism strategy underscoring the primary concern of government that comprised with safeguarding citizens from the potential threats (Shepherd, 2021). This is significantly highlighting about undertaking preventive security measures. The existing literature articulated that UK does not adhere with accepting ISIS returnee due to their national security concerns, specifically because of the engagement of these individuals in terrorist activities. Further, there was a potential threat that Shamima begum might had contact with terrorist and providing her citizenship can develop security concern for public. There is a direct threat to public safety as the past involvement with terrorism developing concerns and potential radicalisation in terms of trusting ISIS returnees such as Shamima Begum.
It is difficult to assess the deradicalization; it is significantly challenging to accurately assessing whether an ISIS returnee has fully renounced extremist belief and there is no longer threat specially while considering multifaceted nature of radicalization. Furthermore, it becomes difficult to monitor and track potential activities of returnees specially in such cases in which they attempt to blend back in society. This potentially develops blind spots for security agencies and develops potential complexities in tracking the returnee (Birdsall, 2024). Even, if individual is not actively involved in planning or attack but their presence within society possess risk related to inspiring and simplifying radicalization of other individuals. The potential threat in the case of Shamima Begum comprised with public safety concerns as a returnee can engage in attack on civilians and this develops significant public threat resulting in public pressure and therefore, government focuses on undertaking strong stance against ISIS returnee (Birdsall, 2024).
The UK government holds legal authority for detaining and monitoring potential terrorist suspects. Shamima Begum was involved in terrorism activities and this led to develop reasonable doubt regarding imminent threat (Who is Shamima Begum and how can you lose your citizenship, 2024). These issues led to develop impact on different stakeholders such as government, public and external communities. Begum’s lawyer argued that government breaching human right law by not considering her citizenship. Further, she was the victim of trafficking before removing her citizenship. Moreover, UN experts expressed their concern and stated that Begum was vulnerable and she got denied in protection and assistance. For balancing right and security, legal rights of ISIS returnee require to be balanced and protect public against terrorism. In context of legal and ethical implication this can be said that; revocation of Begum’s citizenship raised serious legal and ethical concern.
Specifically, 1998 Huaman Rights Act and 1954 Convention on Status of Stateless Persons, an individual cannot be determined stateless. Begum’s proposal was denied on the ground of national security but she has the right to hold Bangladeshi Citizenship through descent (Malaterre, 2024). However, in current case Bangladeshi government stated that they will not accept the Shamima Begum. Hence, this led to raise a critical question “whether rescinding citizenship developing conflict within international legal obligation?” Furthermore, this is developing an ethical dilemma and raising question regarding national security actions as it led to statelessness and further results in endangering individual’s life. Public opinion playing essential role in shaping government policies regarding sensitive issues particularly, revolving around ISIS returnees (Korteweg et al, 2023). In terms of public opinion, different perceptions are evident, many UK citizens expressed strong sentiments in terms of allowing individuals who have joined ISIS. They have perceived strong threat towards national security and societal values.
Thus, significant proportion of the population supporting hardline policies in against terrorism due to varied safety reasons. Nevertheless, exemplifying complex social issues in which returnee requires rehabilitative support instead of punishment. Thus, this is creating disbalance between public safety and human rights and this further develops complexities for policymakers (Hooper, 2022). UK’s decision comprehends with public protection while at the same time this is developing ethical issues towards declaring statelessness to Shamima Begum (Who is Shamima Begum and how can you lose your citizenship, 2024). In case if there are sufficient evidences regarding returnee is identified them strict actions can be taken. Even returnees might be subjected to the intensive surveillance by security agencies. Depending on the severity of case, travel restriction can be imposed to returnee. These actions are taken with the vision of protecting public safety as this is primary motive within UK.
Another issue aligns with the approaches of integration and criminalization. Instead of viewing returnees as an individual threat, it is important to explore potential pathway for reintegration and rehabilitation. By looking upon the experiences of countries such as Denmark and Norway in which former jihadists were reintegrated successfully within society it can be said that there are changes of integration (Khan, 2022). In this context the proposed solution entitled with devising tailored rehabilitation programs that focuses on addressing individual requirement along with monitoring them. This supports in ensuring public safety; hence, by considering unique experience of returnee and imposing potential security threats UK would be able to develop an effective strategy. Therefore, it is important to consider focus on this area so that significant actions in such kind of sensitive situation can be taken (Khan, 2022). Denying citizenship of Shamima Begum imposed question related to ethics and human rights however, views of UK’s government and order of supreme court in this context was also applicable as Shamima was engaged with a terrorist group and this might pose risk for public.
The psychological impact of the radicalization and subsequent return within non-radical environment proves to be significant. From the studies it has been identified that there are many ISIS returnees who are suffering from trauma as they have struggled with the betrayal and loss of their identity. Thus, these kinds of psychological factors underpinning the importance of providing emotional and psychological support to returnees (Punton, 2023). They must be provided counselling so their mental health can be supported. Failing in this context can results in re-radicalisation. Moreover, the social stigma results in hindering reintegration and further signifies about community-based approached that boosts and foster acceptance and understanding with society. By looking upon Shamima Begum situation this can be said that she has no-one with her; she lost her husband and children and now she is alone. She has been already suffering from trauma and denying her citizenship in such situation raising concerns regarding humanity. The psychological support to such returnee is essential (Punton, 2023). However, they must be monitored consequently so their actions can be traced and in case any illegal action is witnessed then, government can take strict actions in this context.
UK facing challenges regarding countering of radicalization via effective communication strategies. Hence, developing counter-narratives that challenging ISIS ideology proves to be paramount; such programs aim to increase the engagement of communities specifically for vulnerable youth so they can support in building resilience against extremist ideologies (Who is Shamima Begum and how can you lose your citizenship, 2024). Thus, integrative approaches that involves moral and ethical education supports in mitigating extremist movements. Begum lost series of legal challenges for overturning decision that also involves supreme court appeal. However, Begum’s lawyer stated that they will further take case to European Court of Human Rights [ECHR]. For some people this decision was harsh however, court of appeal task assessed whether deprivation decision was unlawful. But based on security grounds this decision was right. Nevertheless, there was lack of support given throughout this procedure to Shamima Begum and this was not accepted on the grounds of human rights and morals.
CONCLUSION AND RECOMMENDATIONS
Conclusively; this can be depicted that case of Shamima Begum encapsulating varied challenges possessed by ISIS returnee in UK. The national security puts public safety at the forefront which was acceptable on security notions. However, government should navigate legal and ethical implication regarding their decision specifically which are concerning human rights. Below mentioned are the major recommendations in this context-
Implementation of Rehabilitation Programs
Rather than solely criminalising returnees, UK must establish a comprehensive rehabilitation and monitoring programs. These must be comprised with providing psychological and emotional support to returnee (Abbas, 2024). Furthermore, educational opportunities should be provided while undertaking monitoring of returnee. On the basis of assumptions or doubts, human rights of returnees cannot be discarded and therefore, they must be given support.
Public Awareness Campaigns
The government must focus on developing public awareness campaign and they must be informed and educate regarding complexities aligning with radicalization and reformation (Stenger, 2024). The aim of these awareness campaigns is to shift narratives of people from fear to understanding. Thus, by developing public awareness effective community engagement can be ensured and further individuals will start to understand the experiences of returnee instead of judging or fearing.
Legal Framework Review
Detailed review of legal framework concerning citizenship revocation is important for assuring the adherence with international obligations (Abbas, 2024). Hence, there is need to ensure focus on national security along with prioritising human right so that issues regarding statelessness and human rights violations can be solved.
Fostering community engagement
Local communities must be actively engaged in reintegration procedure of returnee. It is important to understand and support returnees and their active engagement should be promoted (Stenger, 2024). However, throughout this engagement there is need to ensure that the returnees are under surveillance and they must be monitored consistently. As per national security grounds monitoring is essential and therefore, specific focus requires to be implemented in this area.
By following these recommendations UK can develops significant response for ISIS returnees that leads to balance security requirements and ethical consideration. Hence, this supports in fostering community resilience in against of radicalism.
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REFERENCES
Abbas, M.S., 2024. British children associated with ISIS in camps in North-East Syria: counter-terrorism, security and children’s rights concerns in repatriation decision-making. Ethnic and Racial Studies, pp.1-19.
Birdsall, A., 2024. ‘Enemy of the state’: citizenship deprivation and the problem of returning foreign terrorist fighters. Critical Studies on Terrorism, pp.1-23.
Hooper, H., 2022. Justice for One Side Alone? R.(On the Application of Begum)(Respondent) V Secretary of State for the Home Department (Appellant)[2021] UKSC 7. Public Law, (January 2022).
Khan, R., 2022. See Shamima Begum for what she is: a victim; Opinion World affairs. The Financial Times, pp.12-12.
Korteweg, A., Yurdakul, G., Sunderland, J. and Streppel, M., 2023. Social Reproduction Gone Wrong? The Citizenship Revocation and Rehabilitation of Young European Women Who Joined ISIS. Social Politics: International Studies in Gender, State & Society, 30(4), pp.997-1017.
Malaterre, W.F.J.T., 2024. " ISIS Brides or Failed Citizens": a comparative media frame analysis of ISIS female members amidst citizenship deprivation debates in France and the United Kingdom.
Punton, N., 2023. RISK, RADICALISATION & REPATRIATION: GENDERED AND AGE-SPECIFIC NARRATIVES (Doctoral dissertation, Central European University).
Shepherd, E., 2021. Jihadi Bride or Imperfect Victim? Assessing Responses to Returning ISIL Members through a Feminist Lens. Pub. Int. LJNZ, 8, p.14.
Stenger, H., 2024. Returning Home: An Intersectional Analysis of the Repatriation, Rehabilitation and Reintegration of ISIS Returnees (Vol. 2). Walter de Gruyter GmbH & Co KG.
Online
Shamima Begum Case, 2020. Online. Available through https://www.theguardian.com/uk-news/2021/feb/26/shamima-begum-cannot-return-to-uk-to-fight-for-citizenship-court-rules
Who is Shamima Begum and how can you lose your citizenship, 2024. Online. Available through https://www.bbc.com/news/explainers-53428191
