Ahmad Waseem case illustrates Canadas foreign fighter problem

Good range of commentary on the challenges on stopping “terror tourism” and Australia’s legal framework:

Its telling that Waseem is wanted by the RCMP on charges of passport fraud but not terror-related crimes. In his case, says [Craig] Forcese, it is more than likely that if he ever returns to Canada, hell be prosecuted on those charges — which carry a sentence of up to 14 years in prison — rather than for his activities in Syria.

“It’s sort of an Al Capone strategy,” Forcese said, referring to the FBIs inability to pin any charges but tax evasion against the notorious Chicago gangster.

Alex Neve, the secretary general of Amnesty International Canada, said his concerns lie with whether foreign fighters violate the Geneva Convention, which set out the international rules of war, during their travels.

“Human-rights law would be concerned that if an individual is going to take part in an armed conflict or insurgency … and there’s reason to believe that in doing so, they’re likely to be involved in the commission of war crimes or crimes against humanity, then it would be important to look at what kinds of legal restrictions would be imposed,” Neve said.

Another consideration is that the labels “terrorist” and “insurgent” are highly charged.

“Some of these terms can be very politicized,” Neve said.

Forcese’s proposal? Adopting a Canadian “neutrality act” modelled after Australia’s Crimes Incursions and Recruitment Act, with a blanket ban on taking up arms with any non-government army.

The Australian law includes a maximum prison sentence of  20 years if a citizen or resident enters a foreign state with intent to engage in hostile activity.

“That includes trying to overthrow the government or injuring public office holders, or basically engaging in a war,” Forcese said.

It would also prohibit financing armed groups on behalf of a faction that isn’t part of a foreign government.

Would have been interesting to know the experience Australia has in enforcing the law.

Ahmad Waseem case illustrates Canadas foreign fighter problem – Canada – CBC News.