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Retrieving Neutrality Law to Consider Other Foreign Fighters Under International Law

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journal contribution
posted on 19.10.2021, 20:31 by Marnie LloyddMarnie Lloydd
Since the early twentieth century, scholarship has debated the continued relevance of neutrality law in an international system based on collective security. This paper contributes to continued thinking about the notion of neutrality, by considering what questions may be opened up when neutrality law’s rules on private foreign enlistment are examined alongside contemporary practice in response to the phenomenon of foreign fighters. Specifically, this paper retrieves earlier contesting views surrounding the departure of foreign volunteers to armed conflict under traditional neutrality law, and suggests how and why these debates can be of contemporary interest to a consideration of law and policy regulating foreign incursion and various kinds of foreign fighters today. Australia’s legislative response to foreign incursion by those within its jurisdiction, and its recently enacted “declared area offence” relating to parts of Syria and Iraq, provide one illustrative example.

History

Preferred citation

Lloydd, M. (2017). Retrieving Neutrality Law to Consider Other Foreign Fighters Under International Law. SSRN Electronic Journal, European Society of International Law (ESIL) SSRN Conference Paper Series. https://doi.org/10.2139/ssrn.3045274

Journal title

SSRN Electronic Journal

Volume

European Society of International Law (ESIL) SSRN Conference Paper Series

Publication date

29/09/2017

Publisher

Elsevier BV

Publication status

Published

Contribution type

Article

ISSN

1556-5068

eISSN

1556-5068

Language

en