Forum: Issue: Student Officer: Position: General Assembly First Committee: Disarmament and International Security Foreign combatants in internal militarised conflicts Ethan Warren Deputy Chair Introduction Foreign combatants in internal militarised conflict have become a prominent issue in recent years, with thousands of foreign nationals currently in Iraq and Syria fighting for the so-called Islamic State (IS) Whilst it is often easy to conflate foreign fighters and IS, it is not strictly limited to IS, as foreign fighters are involved in many conflicts worldwide, such as Al-Shabaab in Somalia, or both sides in the Ukrainian civil war. Nor is it by any means new: the UN Security Council drafted resolutions between 1999 and 2001 in an attempt to curb the amount of people joining the Taliban and Al-Qaeda in Afghanistan. Mercenaries also fall under this category. Attempts to curb this have been made, such as the United Nations Mercenary Convention, but there remains little agreement between states regarding these matters. For example, it is illegal in most countries to fight for IS, but you will not be prosecuted for fighting alongside the Kurdish militias in Iraq, and several nations employ mercenaries. Definition of Key Terms Foreign Combatant Any person who takes up arms in a conflict that is not a national of either belligerent. Mercenary Any person who takes up arms in exchange for material gain that is not an official member of any sovereign states armed forces. Prohibited by UN resolution 44/43, which entered into effect in 2001. Private Military Company (PMC) A company that provides soldiers (often called contractors ) for security and military operations in exchange for money. Classified as mercenaries by the United Nations. States or companies can employ PMC s, and there is little concrete legislation curtailing their activities. The US frequently employed PMC s during the Iraq war and subsequent occupation. Notable examples of PMC s include G4S and Blackwater. Foreign Terrorist Fighter Defined by the United Nations Security Council resolution 2178 as 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, including in connection with armed conflict. 1 United Nations Mercenary Convention Resolution 44/34 entered into force on the 20th of October 2001, but was only signed by 43 countries. It prohibits the recruitment, training, use, and financing of mercenaries. However, no P5 nations are signatory to the resolution. Blowback Refers to the return of a radicalised fighter from a foreign conflict who then becomes a domestic terrorist threat. General Overview Foreign combatants in internal military conflicts are not a new issue. Over the course of the 20th century several conflicts saw an influx of foreign nationals, often motivated to fight by ideology. The first large-scale conflict that can be used as an example is the Spanish Civil War. The Republican side had an International Brigade, at its peak numbering 35,000 people from 53 different countries. The issues faced then still remain to this day: the legality of fighting in a foreign war remains a grey area, as it is mainly down to the individual legislation of the nations of the combatants. Whether it is legal to detain a citizen of a neutral state as a prisoner of war also remains unspecified, as does their treatment and prosecution. The Geneva Convention only applies to soldiers of two belligerent states, so a foreign combatant is automatically an unlawful combatant, but must still be given rights and a trial. As the world we live in becomes more globalised and travel becomes more accessible, those influenced enough by ideology are able to join in whatever conflicts they choose. In recent decades this has been characterised by Islamic radicalism, but foreign fighters have now joined both sides of the Ukrainian civil war. There is no international consensus on how to deal with foreign fighters and what is termed as a legal and illegal conflict. For example, it is illegal in most countries to fight for IS, but you would not be prosecuted for fighting alongside the Kurdish militias in Iraq. Mercenaries also fall under the category of foreign combatants. Attempts to curb this have been made such as the United Nations Mercenary Convention, but there remains little agreement between states regarding the matter. None of the P5 nations have signed the treaty, as it could complicate affairs for the UK and France, who respectively have their Ghurkhas and Foreign Legion. The United States employed Private Military Companies in Iraq, at its peak paying for 100,000 contractors 2. There s an estimated 3,000 military contractors currently employed by the US in Iraq. However, there are 1 http://www.un.org/en/sc/ctc/docs/2015/scr%202178_2014_en.pdf 2 http://www.washingtonpost.com/wpdyn/content/article/2006/12/04/ar2006120401311.html
several issues with mercenaries as they are not beholden to the strict regimes of state militaries. There is currently no globally accepted norms or legal framework applied to these firms. It was found that private contractors were responsible for 36% of atrocities at the Abu Ghraib prison, and though these individuals were prosecuted it highlighted a lack of control over PMC contractors. In 2014 four employees of the US PMC Blackwater were convicted in a US federal court for the 2007 Baghdad Shootings. Major Parties Involved Islamic State Designated by the UN as a terrorist organisation, they have fundamentalist Islamic beliefs and created a caliphate, on the 29th of June 2014 after several victories against the Iraqi army, proclaimed their own caliphate. Currently holds the largest number of foreign fighters within its ranks, with an estimated 25,000 foreign combatants. Syrian Government The main opposition to IS in Syria, headed by Bashar Al-Assad. Assad employs an unknown number of foreign mercenaries in his army, mainly impoverished peoples from Afghanistan. Iran The Iraqi government s key regional ally in the fight against IS. It is estimated that Iran has mobilized 70,000 Islamic Revolutionary guard Corps to fight in Iraq, as well as providing aid to the government 3. Kurdish Peshmerga The militias of the Kurdish tribes in Iraq and Syria fighting that are currently fighting IS. They have held onto much of their territory without the assistance of the Iraqi or Syrian armies. Most Western/NATO countries have sent aid in the form of weapons and military advisers to the peshmerga 4, although Turkey has targeted them with airstrikes 5. It is currently legal to join the peshmerga. Russia A key regional player in Eastern Europe and the Middle East, Russia is now involved in both conflicts. In 2014 Russia occupied and annexed the Crimean peninsula from Ukraine, and began supporting separatist rebels with equipment and even military support in their fight against the Ukrainian government. In October 2015 they also began targeting IS in Syria for airstrikes in support of the Assad regime, but did not obtain UN approval. 3 http://www.ibtimes.com/four-years-syrias-civil-war-foreign-fighters-have-flocked-nearlyevery-faction-1847478 4 http://www.bbc.com/news/world-middle-east-29684761 5 http://www.bbc.com/news/world-europe-33859991
Ukrainian Separatists Following the overthrow of the pro-russian government in Kiev and the Russian annexation of Crimea, insurgent groups began seizing key cities in Donbass, in the East of Ukraine. The rebel forces consist of a large number of Russians as well as Ukrainians, with Russians now occupying many of the highest ranks, including deputy prime minister of the self-proclaimed Donetsk People s Republic 6. Ukraine Following the Euromaidan revolution in 2014, the Ukrainian government has been fighting an uprising in the East of Ukraine. They have received aid from Western countries in the form of troop training. Combined Joint Task Force Operation Inherent Resolve (CJOTF-OIR) US led coalition against IS, carrying out airstrikes and troop training to Iraqi forces, with the ultimate objective of neutralising IS. Currently Australia, Bahrain, Belgium, Canada, Denmark, France, Jordan, the Netherlands, Saudi Arabia, the United Arab Emirates, the United Kingdom, the United States have carried out air strikes in Iraq and Syria. Additionally, Australia, Belgium, Denmark, France, Germany, Italy, Netherlands, New Zealand, Norway, Spain, United Kingdom and the United States are assisting in the training of Iraqi troops. CJOTF-OIR was formed by the United States and does not have explicit UN approval. United Nations The UN is not directly involved in the conflicts, but provides legal framework for dealing with conflicts and nations, as well as humanitarian relief for many displaced by the conflicts. Timeline of Events 12th August 1949 4th December, 1989 Third Geneva Convention declares combatants who are not national of belligerent or co-belligerent states as unlawful combatants. At the 72nd plenary session the General Assembly concludes its convention with resolution 44/34, banning the recruitment, training, use or financing of mercenaries. 6 http://www.reuters.com/article/2014/07/27/us-ukraine-crisis-rebels-insightiduskbn0fw07020140727
15th October 1999 28 September 2001 20 October 2001 7 August 2015 15 August 2015 4 April 2015 22 April 2015 30 September 2015 UN Security Council adopts Resolution 1267 (1999), allowing to 1267 Sanction Committee to adopt sanctions against Al-Qaeda and individuals working with or having the intention to join and fight for them. UN Security Council adopts resolution 1373 requiring anyone involved in financing, preparing or planning to support terrorism and as a result criminalizes foreign fighting if defined as terrorism (as IS is designated). However due to a failure to reach a consensus on defining terrorism, this has had limited effectiveness. Resolution 44/34 enters into force. However, it is only signed and ratified by 43 member states, none of which are P5 members. US begins airstrikes against IS; other countries follow suite (currently 9 countries are also conducting airstrikes) UN Security Council adopts Resolution 2170, designating IS and its affiliates as a terrorist organisation and any of its foreign fighters as foreign terrorist fighters, making them beholden to resolutions 1267 and 1373. UN estimates place the number of foreign fighters in Iraq and Syria at 25,000, with 3,400 coming from western countries. Number of foreign fighters from Western Europe in Ukraine reaches 600, with about 300 on each side. An estimated 7,000 Russians are involved in the conflict Russia begins independently conducting airstrikes against IS in Syria, without UN approval. Russia s actions attract international condemnation.
Previous Attemps to solve the issue The UN Security Council has passed several resolutions regarding foreign fighters, mainly in response to terrorist actions. Resolution 1989 (2011) allows states to act against individuals either directly involved (being themselves a combatant or having the intention to become one) or indirectly involved (assisting in recruiting, training, financing, etc.) However, Resolution 1989 is specifically designed for dealing with Al Qaeda. There has been no blanket resolution to deal with foreign fighters and terrorist groups due to the difficulty on creating a consensus defining terrorism. Possible Solutions The clearest cut solution for preventing foreign nationals becoming involved in internalised military conflicts is education against radicalisation, although this is a long-term solution and will take years to be implemented and become effective. In the short term, many western nations intelligence services monitor the movement and activity of citizens fighting abroad or those desiring to go. Further co-operation between member states could help further restrict the flow of foreign fighters. A strong and comprehensive international framework is required for dealing with the movement of fighters. However, it has been argued that attempting to restrict the actions of people would be limiting their freedoms, and the surveillance carried out by these agencies is already under scrutiny, another factor which must be considered. Any attempt to curb the activity of PMC s would require convincing the P5 to carry any authority, especially the US, the largest employer of PMC s. Useful documents III and IV Geneva Convention General Assembly 72nd plenary meeting, 4 December 1989, A/RES/44/34 UN Security Council Meeting 4051, 15 October 1999, S/RES/1267 UN Security Council Meeting 4385, 28 September 2001, S/RES/1373 UN Security Council Meeting 7242, 15 August 2014, S/RES/2170 Foreign Fighters Under International Law, Geneva Academy, October 2014 Private Military Contractors and US. Grand Strategy, International Peace Research Institute, January 2009
Bibliography Four Years Into Syria's Civil War, Foreign Fighters Have Flocked To Nearly Every Faction International Business Times, International Business Times, 15th March 2015 Kobane: US drops arms and aid to Kurds battling IS, BBC, 20th October 2014 Pushing locals aside, Russians take top rebel posts in east Ukraine, Reuters, 27th July 2014 Census Counts 100,000 Contractors in Iraq