united-kingdom criminal-law germany france spain
Does any western European country prohibit its citizens from travelling to particular areas abroad?
<p>In several countries, including European countries, there are public worries about citizens travelling to Syria.  Although those press reports are not always precise, what is usually meant is people travelling to territory controlled by Islamic State with the purpose of taking up residence.  Some are arrested upon return.</p>

<p>What are they arrested for?  Does any country in Western Europe prohibit its citizens from travelling to an area controlled by an organisation designated as terrorist?  That would leave journalists travelling to IS- or PKK-controlled areas in violation of the law, so I suspect not.  Joining an organisation designated as terrorist is often prohibited, as is joining a foreign military.  But does taking up residence in an area controlled by such an organisation constitute either of those?  Or do legislators suspect anyone returning from Syria to have actively supported the Islamic State (para-)military forces and/or be preparing terrorist attacks at home?</p>

<p><em>(This question is hypothetical.  I am not asking for myself.  I am not even asking for a friend.)</em></p>

<p>Regarding the situation in Germany, it is not a crime by itself to travel to Syria (or in fact any other country), nor to take residence there. When people are arrested after such a trip, it is because they are suspected of having committed a crime during their stay. In this context, the crime could be, e.g., murder, abduction, or rape, but there are more specialized crimes, too, such as:</p>

<ul>
<li><em>Forming terrorist organisations</em> (<a href="http://www.gesetze-im-internet.de/stgb/__129a.html" rel="nofollow">§&nbsp;129a StGB</a>; <a href="http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1217" rel="nofollow">translation</a>)</li>
<li><em>Preparation of a serious violent offence endangering the state</em> (<a href="http://www.gesetze-im-internet.de/stgb/__89a.html" rel="nofollow">§&nbsp;89a StGB</a>; <a href="http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p0903" rel="nofollow">translation</a>)</li>
</ul>

<p><em>Preparation of a serious violent offence</em> includes participating in a terrorist training camp where people are taught how to use weapons, construct explosive devices, etc. The definition of the crime was recently extended such that it is already punishable to make an attempt at leaving Germany with the intention of travelling to and participating in such a training camp. It is important to note that this intention would need to be demonstrated in court in order to get someone convicted; and someone travelling with different intentions, such as a journalist, would obviously not render oneself liable to prosecution.</p>

<p>Outside of criminal law, there are other measures that the authorities may take to try and prevent people from travelling abroad if they are suspected future terrorists. As these are administrative measures and not criminal prosecution, the requirements for evidence are less strict.</p>

<p>It has long been possible under German law to deny someone a passport (<a href="http://www.gesetze-im-internet.de/pa_g_1986/__7.html" rel="nofollow">§&nbsp;7 PaßG</a>; <a href="http://www.gesetze-im-internet.de/englisch_pa_g/englisch_pa_g.html#p0087" rel="nofollow">translation</a>), or to revoke a passport that was already issued. The idea is that, without passport, the destination country or any transit countries are going to reject the traveller. This didn’t work too well in the case of Syria because a national ID card is sufficient for German citizens travelling to Turkey, which shares a land border with Syria. Therefore, also very recently, it was made possible to deny or revoke an ID card in much the same way as a passport (<a href="http://www.gesetze-im-internet.de/pauswg/__6a.html" rel="nofollow">§&nbsp;6a PAuswG</a>; no translation currently available).</p>

<p>(Note that the translations I linked to are official but non-authoritative. In particular, be warned that the translation for §&nbsp;89a StGB at least does not yet reflect the latest amendments.)</p>

<p>In the Netherlands some political parties want to forbid traveling to IS territory, but it's not (yet) forbidden. They arrest people who want to fight in Syria for preparing murder, rape and what else they do out there. Judges have actually convicted people who were preparing to travel to Syria/IS-territory for it. If you did go to Syria they might prosecute for whatever you did which can include attempted murder, aiding murder or maybe even murder. The prosecution will depend on what the authorities can prove. </p>

<p>So no, it's not forbidden to travel there in the Netherlands (yet) and arrests are done for whatever crimes you committed there or at home after your return. Not all are arrested, but they are being monitored and watched intensely.</p>

<p>Yes, but not, to my knowledge, through the action of criminal law.</p>

<p>The British government is using its prerogative powers to revoke the passports of those intending to travel to Syria and those believed to be there already. It also adds them to a "no fly" list circulated around the EU. </p>

<p>If British citizens who are suspected of visiting Syria wish to return to the UK, they must submit to an investigation by government officials before travelling. At the time I last wrote to my MP about this issue (about nine months ago), she said the government plans were to exclude persons suspected of terrorist activities for up to two years while the investigation was made.</p>

<p>There are also crimes which British citizens can commit while abroad, such as murder (See <a href="http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/9?view=plain" rel="nofollow">http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/9?view=plain</a>). Recently a British man was convicted in London of murdering a US soldier in Iraq. </p>
