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Articles

‘Swanning back in’? Foreign fighters and the long arm of the state

Pages 291-308 | Received 27 May 2016, Accepted 01 Sep 2016, Published online: 08 Nov 2016
 

Abstract

As foreign fighters have flocked to conflicts in Syria and elsewhere, their home governments have often claimed a right not only to criminalise their doing so, but also to deprive them of the right to return. This article challenges some problematic assumptions about the intersection among political allegiance, extraterritorial jurisdiction and the right of abode. It traces the origins of today’s conventional wisdom to a particular modern experience of state–society relations, including the rise of administrative ambitions that outrun the original bounds of the territorial state. In contrast, it argues for an ‘unbundling’ of state authority, prepolitical membership in society, and cross-border political action. This position would chasten overreaching views about states’ ownership of their citizens, while still leaving other ways to deal with jihadist violence.

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