The Independence was followed by a new shift in Albanian Kosovar's ideology. Once the national agenda had been achieved, the created sociopolitical gap was rapidly filled with a new religious ideology. Kosovar foreign fighters became a hot topic in fighting back the radicalization in Kosovo. Many citizens were arrested and brought before the Courts on suspicions related to terrorism. These prosecutions in fighting back foreign fighters brought distortions and violations of the foreign fighters' human rights.
The cases analyzed in this study do speak about the violation of the presumption of innocence, the right to a fair and other procedural rights violations. The overall situation on the issue of fighting back the Kosovar foreign fighters and extremist radicalization within Kosovo speaks of a lack of competencies by the Kosovar authorities. No matter what an individual is accused of, the presumption of innocence and the right to a fair trial should always prevail. It is up to the Kosovar authorities in the first place to show the good practice that such fundamental principles and rights are not only envisaged but embedded in daily proceedings.
Table of Contents
1. Fighting into the Holy Land for the Holy War: Kosovar Foreign Fighters
1.1 Defining Foreign Fighters and Kosovar Foreign Fighters
1.2 Albanian Identity and Ideology
1.3 From an Autonomous Province to a New State
1.4 The Republic of Kosovo
2. Framework Legislation
2.1 International Framework
2.2 Internal Framework
2.3 Same Old Story?
3. Kosovar Foreign Fighters and Human Rights Violations
3.1 A Ghost Terrorist Organization
3.2 The "ISIS-at" Case
3.3 Ardian Mehmeti Case
Research Objectives & Key Themes
This thesis examines the phenomenon of Kosovar foreign fighters in the Syrian civil war, analyzing the shift from secular Albanian nationalism to religious radical identity, and scrutinizing whether the subsequent legal proceedings in Kosovo align with human rights standards, particularly concerning the presumption of innocence and fair trial rights.
- Historical and ideological evolution of Kosovar identity post-independence.
- The legislative framework and international legal obligations regarding terrorism in Kosovo.
- Analysis of procedural human rights violations in domestic terrorism trials.
- The impact of socio-economic factors and the "self-radicalization" process via the internet.
- Comparative analysis of anti-radicalization measures between Kosovo, Belgium, and France.
Excerpt from the Book
1.1 Defining Foreign Fighters and Kosovar Foreign Fighters
In his book, David Malet defines “Foreign Fighter” as "non-citizen of a conflict states who join rebellion during the civil conflict." Thomas Hegghammer, another author writing on the topic of foreign fighters, theorizes the foreign fighter as an agent with four crucial characteristics that differs him from other groups of violent actors who cross borders to fight. In Hegghammer's view, foreign fighter is person who has joined and operates within the confines of the rebellion if; lacks citizenship of the country where the conflict is going on or other kinship to the state with links to the combat zone; lacks affiliation to an official military organization; and is unpaid. In the current wars taking place in the Middle East and the Muslim world, foreign fighters` phenomenon is taken as a substantial part of the conflict as such. Hegghammer goes further claiming that the existing literature on the foreign fighters` phenomenon and its rise is limited due to few studies done in the field.
Under the first criteria, foreign fighter differ from international terrorist, as the second operates in wide territories around the world and it might use violence against noncombatants, while the foreign fighter generally, never engage outside and is strictly linked to the combat zone at a particular moment of time. Hegghammer points out that this first criterion is important, as many works do not distinguish between the two categories and where for militant Islamism the generic terms used are often “jihadists” or “Salafi jihadists” to describe any transnational violent Islamist, whether he or she undertakes suicide bombings in a Western capital or mortar attacks in a war zone. Foreign fighting is just one form of militant Islamist action, which can take many forms and shapes. However, Muslim foreign fighting is described by researchers, academics and experts as directly related to (jihadist-inspired) terrorism.
Summary of Chapters
1. Fighting into the Holy Land for the Holy War: Kosovar Foreign Fighters: Explores the conceptual definition of foreign fighters and traces the historical shift in Kosovo from secular nationalist identity to the rise of religious radicalization following independence.
2. Framework Legislation: Analyzes the domestic and international legal instruments applicable to terrorism in Kosovo and compares Kosovo’s approach with those of Belgium and France.
3. Kosovar Foreign Fighters and Human Rights Violations: Details specific judicial cases and evaluates whether the state's handling of suspected foreign fighters has resulted in systemic human rights violations, such as the breach of fair trial principles.
Keywords
Kosovar foreign fighters, human rights, violations, terrorism, ideology, radicalization, fair trial, presumption of innocence, Kosovo, extremism, national security, legal framework, jihadism, self-radicalization, international law.
Frequently Asked Questions
What is the primary focus of this research?
The work investigates why Kosovar citizens joined the civil war in Syria and evaluates whether the subsequent legal response by Kosovar state institutions infringed upon the human rights of the accused.
What are the central themes of the thesis?
The core themes include the ideological transition in Kosovo, the adequacy of domestic counter-terrorism legislation, and the judicial application of human rights protections in terrorism-related trials.
What is the central research question?
The research asks why there was a shift from Albanian national secularism to religious radicalism after independence and whether the Kosovar judicial system handles terrorism cases in accordance with lawful proceedings.
Which scientific methodology is employed?
The study utilizes both primary and secondary sources, including interviews with detainees, attorneys, legal experts, and journalists, alongside an analysis of domestic and international legal frameworks.
What does the main body of the work cover?
The main body covers the conceptualization of foreign fighters, an overview of Albanian historical and political developments, an analysis of the legal framework legislation, and a detailed critique of specific ongoing terrorism trials in Kosovo.
Which keywords define this study?
Key terms include Kosovar foreign fighters, human rights, terrorism, ideology, radicalization, fair trial, and domestic judicial integrity.
What is the significance of the "Harausham" case mentioned?
The case highlights institutional incompetence and procedural errors, as the court relied on the existence of a terrorist group that could not be verified in any international or national record.
How does the author characterize the legal proceedings against Ardian Mehmeti?
The author identifies significant procedural delays, noting that the defendant remained in pre-detention for over 30 months without a concluded trial, which the author argues constitutes a major violation of both the Kosovo Constitution and international human rights law.
What is the "blowback effect" described in the text?
It refers to the security threat posed by foreign fighters returning to their home countries after gaining combat training and experience, potentially translating their knowledge into domestic terrorist violence.
- Citar trabajo
- Rozana Baci (Autor), 2016, Kosovar Foreign Fighters: From Ideology to Radicalization and Back to Human Rights Violations, Múnich, GRIN Verlag, https://www.grin.com/document/353839
