Page 36 - Cyber Terrorism and Extremism as Threat to Critical Infrastructure Protection

SECTION I: EXTREMISM, RADICALIZATION AND CYBER THREATS AS AN IMPORTANT
SECURITY FACTORS FOR COUNTERING TERRORISM PROCESSES

When talking about them returning, we can say that “it is difficult to predict how many more
FTF will eventually return to Germany. As has been mentioned before, so far, the number of
returnees has stayed relatively constant; i.e. the collapse of the IS has not yet translated into a
wave of returns. The exact number of FTF remaining in the Levant is equally unknown, but
about 150 German residents involved with jihadi groups are believed to have been killed in
Syria and Iraq, according to recent findings. The data collected by security authorities on the
motivation for returning to Germany sheds some light on this situation. About 10% came back
because they grew disillusioned and frustrated with their situation; another 10% followed
calls by family and friends to return home. It is believed that 8% travelled back to Germany
for logistical reasons such as to procure supplies, raise funds or rest. Another 6% returned due
to health issues” (Heinke and Raudszus, 2018, p 46).

Just like all the other EU countries, Germany is trying to find the right solution to deal with
returning foreign fighters. Germany uses both soft and hard approaches; for the hard ap-
1
proach, first of all someone who joins a foreign conflict could lose their citizenship . Further,
“if an individual can be proven to have fought in the ranks of a terrorist group, he or she could
already be prosecuted under Art. 129a, 129b of the German Criminal Code, which prescribes
imprisonment between one and ten years for membership in a terrorist organization” (Rotha-
maier, 2019, e-source).

In general, “Germany attaches very great importance to the fight against terrorism. For this
reason, considerable weight is given to effective criminal prosecution and successful prevention
within rule-of-law standards. From the German point of view, it is also indispensable to work
together closely at international level in the fight against terrorism... Individual terrorist acts are
punished in accordance with the provisions of the general criminal statutes (as a rule, homicide
and bodily harm, criminal offences against personal liberty, criminal offences against public
order and criminal offences dangerous to the public, such as arson, creating an explosion and
poisoning)... Section 129a of the Criminal Code contains a special provision concerning terrorist
organizations. Whoever participates in an organization as a member or forms an organization,
the objectives or activity of which are directed towards the commission of murder, manslaugh-
ter, hostage-taking or other serious criminal offences, shall be punished with one to ten years’
imprisonment... Whoever supports a terrorist organization as defined in the Criminal Code or
recruits members or supporters for such an organization shall be punishable by six months’ to
five years’ imprisonment. Anyone supporting a so-called threatening organisation shall be pun-
ishable by up to five years’ imprisonment or by a fine... In the event that the case involves a for-
eign organization outside the Member States of the European Union, prosecution shall only be
possible in the event that there is a domestic connecting factor set out in law (e.g. the suspect’s
activity is exercised in Germany, the alleged perpetrator or a victim is a German national or is
within Germany)” (Committee of Experts on Terrorism, 2016, pp 3-6).

Germany, like most other EU countries, does not allow foreign fighters who are not in prison
in Syria and Iraq to return without very strict vetting procedures. The German authorities can
decide on a case-by-case basis. However, there is definitely no chance for returning FFs to
come home without official procedures and a clear decision by German government institu-
tions. The figures show that there are about 60 men and women waiting for their trial to begin
in the area of Syria and Iraq.

1 This is only the case if the person has dual citizenship with the country they were fighting for, or the person could
be without citizenship of anywhere at all.

36