Investigation, Prosecution, and Adjudication of Foreign Terrorist Fighter Cases for South and South-East Asia
Author(s):
Foreign terrorist fighters (FTFs) have, over the past few years, constituted one of the major threats to international peace and security.
On 24 September 2014, the United Nations Security Council adopted resolution 2178 as a response
to the increasing threat posed by FTFs, requiring Member States to implement criminal justice
measures to effectively prevent, deter and criminalize the travel of FTFs and their related activities.
While the resolution primarily targets individuals travelling to Iraq and the Syrian Arab Republic to
join entities such as ISIL (Da’esh), the Al-Nusrah Front and certain other cells or derivatives of
Al-Qaida, the definition of FTFs is cast widely to include all “individuals who travel to a State other
than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training”.
Since the adoption of this resolution, there have been significant changes and developments in the
landscape of the FTF phenomenon. As ISIL (Da’esh) loses ground in the Syrian Arab Republic and
Iraq, Member States will be concerned as FTFs search for new battlegrounds. This is particularly the
case in South and South-East Asia. For South and South-East Asian countries, the phenomenon of
FTFs relates not only to a country’s nationals travelling to and from Iraq and the Syrian Arab Republic, but also to those individuals who travel to perpetrate terrorist acts in neighbouring South and SouthEast Asian countries. This unique situation faced by South and South-East Asian countries has given rise to calls for greater regional and cross-regional cooperation to prevent and counter the threat of FTFs.
As such, it is imperative that national authorities review their current national criminal justice
frameworks and strategies to prevent and counter the threat of FTFs, including returning and relocating
FTFs and their families, in both regions. Responding to the identified needs of Member States in
countering the threat of FTFs, the UNODC Terrorism Prevention Branch has published this training
manual on the investigation, prosecution and adjudication of FTFs in South and South-East Asia. The
training manual is intended to be used as an aide for practical training sessions for law enforcement
officials and judicial officers. The training manual focuses on, among other aspects, the international
and regional legal frameworks relevant to FTFs, with a focus on digital evidence, including online
investigatory tools and techniques. The manual also includes an adult learning methodology.