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Persons traveling to participate in foreign conflicts by no means constitute a new phenomenon that is intrinsically tied to the ‘Islamic State’ (‘IS’). However, law enforcement agencies all over the world increasingly focus on foreign fighters travelling to Syria and Iraq due to a considerable rise in their number as well as the perceived threat they pose upon their return. Currently, around 650 German residents and citizens have travelled to the region to support jihadist groups such as the ‘IS’.
After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures (ESMs) that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced.