{"id":80390,"date":"2025-02-19T09:20:41","date_gmt":"2025-02-19T08:20:41","guid":{"rendered":"https:\/\/foraus.ch\/blog-post\/repatriating-swiss-jihadists-legal-imperative-or-security-risk\/"},"modified":"2026-05-27T11:22:16","modified_gmt":"2026-05-27T09:22:16","slug":"repatriating-swiss-jihadists-legal-imperative-or-security-risk","status":"publish","type":"blog-post","link":"https:\/\/foraus.ch\/en\/blog-post\/repatriating-swiss-jihadists-legal-imperative-or-security-risk\/","title":{"rendered":"Repatriating Swiss Jihadists: Legal Imperative or Security Risk?"},"content":{"rendered":"\n

A Small Number of Swiss FTFs still Detained in Syria<\/span><\/strong><\/p>\n

78 Swiss citizens<\/a><\/span> are estimated to have travelled to Syria and Iraq to join the IS between 2011 and 2024. Following the fall of the IS caliphate (2019), some of these FTFs were captured by Kurdish armed forces. According to the FDFA, <\/span>three Swiss men and one woman, with her child,<\/a><\/span> are currently detained in camps run by Kurdish authorities in northeastern Syria.\n\nA Very Strict Swiss Policy<\/strong><\/span><\/p>\n

Switzerland’s policy on repatriation of FTFs was clearly outlined in <\/span>2019<\/a><\/span>: no active repatriation of adults and a selective repatriation of minors (without their mothers). Compared to other European policies \u2013 ranging from proactive repatriation (<\/span>Western Balkans<\/a><\/span>) to selective repatriation, often including both children and their mothers (<\/span>France<\/a><\/span>, <\/span>Germany and Denmark<\/a><\/span>) \u2013 Switzerland, like <\/span>Austria<\/a><\/span> until recently, has maintained a highly restrictive policy.\n\nThe Case Against Repatriation: Domestic Security, Control and Moral Self-Accountability<\/strong><\/span><\/p>\n

The prioritization of the security of the Swiss population over individual interests (those of FTFs) is the main concern underpinning this 2019-strategy. This concern is particularly legitimate as some FTFs are suspected of having <\/span>planned terrorist acts<\/a><\/span> on Swiss territory.<\/span><\/p>\n

Preventing \u2018uncontrolled returns\u2019 and ensuring that FTFs do not remain unpunished are central to this 2019-strategy.<\/span><\/p>\n

Alongside this legal and security rationale, <\/span>statements<\/a><\/span> by representatives of the FDFA refer to a moral self-accountability of FTFs: \u2018We don’t want the state to bring these people back (\u2026) because they are a danger to the population. They are indeed left to fend for themselves in the situation they have gotten themselves into.\u2019<\/span><\/p>\n

The Case in Favor of Repatriation: Absence of Trial and Detention Conditions<\/span><\/strong><\/p>\n

However, Switzerland\u2019s position is challenged by two legal arguments: FTFs detained in Syria have not been tried and have been held for years in overcrowded detention camps or prisons<\/span>, facing unsanitary conditions, ill-treatment and malnutrition. These conditions have led to a number of casualties<\/a><\/span>. In addition, the detainees are exposed to Turkish airstrikes<\/a><\/span>.<\/p>\n

In 2021, a group of 15 UN-mandated experts sent a letter to 57 countries, including Switzerland, urging them to repatriate FTFs and their families. Countries indeed have obligations towards their citizens abroad, particularly when fundamental rights are at risk. For children, the experts\u2019 stance is unequivocal: under international treaties, <\/span>their rights take precedence over almost everything else<\/a><\/span>. They should neither be kept in war zones nor separated from their parents.<\/span><\/p>\n

\u2026 and a Nuanced Security Perspective\n<\/span><\/strong>\nIntuitively, the rationale \u2018the farther away, the safer\u2019 seems valid. But a return home does not equate to impunity or lack of control. The repatriation of FTFs allows for direct control over their situation, detention conditions (if applicable), and rehabilitation (deradicalization). Potentially, having them close would allow to yield valuable intelligence for counterterrorism efforts.<\/span><\/p>\n

Other security arguments in favor of repatriation include the risk of radicalization of children in the detention camps (as <\/span>a prime target for IS partisans<\/a><\/span>) and the potential uncontrolled liberation of FTFs in case of a larger Turkish military interventions against Kurdish armed forces. It is far from guaranteed that the FTFs would then no longer pose a threat.<\/span><\/p>\n

Controlled Repatriation<\/span><\/strong><\/p>\n

Both International Humanitarian Law principles and security concerns argue in favor of controlled repatriation or, at the very least, a proactive reassessment of the remaining detained FTFs and their families in Syria. <\/span><\/p>\n

A controlled repatriation must be associated with a rehabilitation program. A structured process should include a comprehensive initial (mental) health assessment (as seen in <\/span>Kosovo<\/a><\/span>), multi-institutional collaboration and coordination (involving law enforcement officers, family members, and social workers), and synergies with violent extremism prevention initiatives. For instance, leveraging the expertise of a network such as the <\/span>Swiss Security Network<\/a><\/span> could be beneficial.<\/span><\/p>\n

Conclusion<\/span><\/strong><\/p>\n

While the small number of Swiss FTFs still detained in Syria may seem anecdotal, their cases are emblematic of the tendency towards <\/span>\u2018rushed\u2019 decision-making<\/a><\/span> when dealing with terrorism. They underscore the shortcomings of a rigid approach to counterterrorism, advocating a framework that respects legal obligations and embraces a forward-thinking security strategy. Admittedly, such an approach does require political courage \u2013 and the willingness to educate the public about it.<\/span><\/p>\n","protected":false},"featured_media":68869,"template":"","meta":{"_acf_changed":false},"archive-status":[],"region":[],"custom-themes":[1817],"class_list":["post-80390","blog-post","type-blog-post","status-publish","has-post-thumbnail","hentry","custom-themes-frieden-sicherheit"],"acf":[],"_links":{"self":[{"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/blog-post\/80390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/blog-post"}],"about":[{"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/types\/blog-post"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/media\/68869"}],"wp:attachment":[{"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/media?parent=80390"}],"wp:term":[{"taxonomy":"archive-status","embeddable":true,"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/archive-status?post=80390"},{"taxonomy":"region","embeddable":true,"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/region?post=80390"},{"taxonomy":"custom-themes","embeddable":true,"href":"https:\/\/foraus.ch\/en\/wp-json\/wp\/v2\/custom-themes?post=80390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}