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Foreign Terrorist Fighters from the Perspective of Polish and European Criminal Law

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Gacka P.

Studia Iuridica

2017

vol. 71

25-49

Foreign terrorist fighters represent one of the powerful threats to the security of states and humanity in the 21st century. Besides participating in the actions of the Islamic State, they also pose a significant danger when they return to their countries of origin to recruit new volunteers, radicalize local communities and actively partake in terrorist attacks. So as to increase the effectiveness of the fight against terrorism, states and international organizations (the EU, Council of Europe, UN) have been moving in the direction of criminalizing all manifestations of terrorist activity. The paper strives to achieve the following: providing a definition of foreign terrorist fighters; proffering a legal qualification of travel abroad undertaken by Polish citizens for terrorist purposes by reference to selected provisions of the Polish Criminal Code; conducting an analysis of the provisions of EU Directive of 15 March 2017 on combating terrorism against the backdrop of the criminalization of the activity of foreign terrorist fighters; comparing the Polish and European criminal legislations within the pertinent scope. De lege ferenda comments will be offered by means of a summary.

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Foreign Terrorist Fighters from the Perspective of Polish and European Criminal Law