Far-right foreign fighters and Ukraine: A blind spot for the European Union?
| Published date | 01 June 2023 |
| DOI | http://doi.org/10.1177/20322844231164089 |
| Author | Christian Kaunert,Alex MacKenzie,Sarah Léonard |
| Date | 01 June 2023 |
Special Issue Article
New Journal of European Criminal Law
2023, Vol. 14(2) 247–266
© The Author(s) 2023
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DOI: 10.1177/20322844231164089
journals.sagepub.com/home/nje
Far-right foreign fighters and
Ukraine: A blind spot for the
European Union?
Christian Kaunert
Dublin City University, Ireland; University of South Wales, UK
Alex MacKenzie
University of Liverpool, UK
Sarah L´
eonard
Dublin City University, Ireland; University of South Wales, UK
Abstract
Despite the decline of Daesh in the Middle East, the issue of foreign fighters remains relevant to the
EU. There is now another major conflict on the EU’s doorstep that has also been drawing in
significant numbers of foreign fighters for a few years, namely the Russo-Ukrainian War.This article
investigates the phenomenon of far-right foreign fighters travelling from Europe to Ukraine.It
makes three main inter-related arguments. First, although far-right extremists trave lling to Ukraine
constitute only a very small proportion of all the individuals joining the conflict and have turned up in
smaller numbers than what had generally been predicted, they represent a security risk to the EU
and its Member States for a range of reasons. Second, despite these concerns, it is important not to
exaggerate the scale of the presence of far-right foreign fighters in Ukraine, notably because this may
play into the hands of the Russian authorities that have described the invasion of Ukraine as
a‘denazification’mission. Third, whilst fully keeping the previous point in mind, it would never-
theless be in the interest of the EU and its Member States to place the issue of far-right foreign
fighters travelling to Ukraine on the policy agenda, even if their number is relatively small. This is
particularly important considering the rise of right-wing political violence, the potential for
transnationalisation, the current strength of societal discontent in some European states, and the
mainstreaming of previously fringe beliefs. A more coordinated approach towards dissuadingthose
at risk of travelling to Ukraine could be developed, alongside preparing for the eventual return of
those who have already travelled to the region.
Corresponding author:
Christian Kaunert, Dublin City University, School of Law and Government, Glasnevin Campus, Dublin 9, Ireland.
Email: christian.kaunert@dcu.ie
Keywords
European Union, Ukraine, foreign fighters, terrorism, far-right, extremism
Introduction
Following years characterised by terrorist activity in some European states, but only limited
cooperation in counter-terrorism across Europe, the terrorist attacks on 11 September 2001 (or
‘9/11’) were a watershed event.
1
They acted as a catalyst for the swift development of EU
counter-terrorism cooperation, which notably included the adoption of the Council Framework
Decision of 13 June 2002 on Combating Terrorism (2002/475/JHA). This can be seen as the
cornerstone of EU counter-terrorism cooperation, since it laid down a common definition of
terrorist offences, as well as the rules for competence and for legal cooperation amongst Member
States for prosecuting individuals who have committed terrorist acts.
2
Since then, EU counter-
terrorism cooperation has significantly grown, albeit not in a linear manner. Its development has
been characterised by periods of inertia followed by sudden accelerations, usually in response to
a perceived crisis.
3
The large numbers of European foreign fighters travelling to Iraq and Syria from 2013 onwards,
generally –but not exclusively –in order to join Daesh, was one of these crises that propelled
forward EU cooperation in counter-terrorism once again.
4
In particular, the EU adopted various
measures on the prevention of radicalisation, including the adoption of a revised EU Strategy for
Combating Radicalisation and Terrorism in June 2014 and the establishment of the Internet Referral
Unit at Europol, the so-called ‘detection of travel for suspicious purposes’, the further approxi-
mation of criminal legislation on terrorist offences
5
, in addition to strengthening cooperation with
third countries.
6
As Daesh began to lose control of some of the territories it had conquered, the flows
of foreign fighters began to slow down before reversing.
However, the decline of Daesh in the Middle East does not mean that the issue of foreign fighters
is no longer relevant to the EU. There is now another major conflict on the EU’s doorstep that has
also been drawing in significant numbers of foreign fighters, namely the Russo-Ukrainian War.
Although this full-scale war began in February 2022, a significant conflict had already been
simmering between the two states for a few years. Both phases of the war (2014-2021; 2022-
present) have been characterised by the involvement of foreign fighters. By 2021, it was estimated
that ‘more than 17,000 foreign fighters [had] joined one of the armed parties in the conflict in
1.Christian Kaunert and Sarah L ´
eonard, ‘The Collective Securitisation of Terrorismin theEuropeanUnion’,West European
Politics, Vol. 42, No. 2, 2019, pp. 261-277.
2.Eugenia Dumitriu, ‘The E.U.’sDefinition of Terrorism: The Council Framework Decision on Combating Terrorism’,
German Law Journal, Vol. 5, No. 5, 2004, p. 590.
3.Javier Argomaniz, ‘Post-9/11 Institutionalisation of European Union Counter-terrorism: Emergence, Acceleration and
Inertia’,European Security, Vol. 18, No. 2, pp. 151-172.
4.Christopher Baker-Beall, ‘The Threat of the “Returning Foreign Fighter”: The Securitization of EU Migration and Border
Control Policy’,Security Dialogue, Vol. 50, No. 5, 2019, pp. 437-453.
5.Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on Combating Terrorismand
replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA, OJ L 88, 31
March 2017, pp. 6–21.
6.European Parliamentary Research Service, ‘Foreign Fighters –Member State Responses and EU Action’, PE 579.080,
Brussels: European Union, 2016.
248 New Journal of European Criminal Law 14(2)
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