judicial involvement, ensuring that no other option can
fulfil the child’s best interests.221 In the best-interests assessment, how to preserve the family environment and
maintain family relations is a key element that must
be considered.222 Any intervention should be combined
with efforts to support the family. Of relevance for States
that may wish to repatriate children affected by the foreign-fighter phenomenon, children should generally be
repatriated with their parents or legal guardians, and
certainly with siblings. If repatriation together is not possible, for example owing to differing nationalities, with
parental consent, repatriation may proceed without a
best-interests determination. However, a best-interests
determination is necessary if a child is unaccompanied,
if the child is at risk of imminent harm from the parent,
or in a custody dispute. When such a procedure cannot
be undertaken in the country where the child is currently residing, the child should be repatriated with the parent and the best-interests determination undertaken in
the country of origin with proper safeguards in place,
so that the wishes of the child and the parents can be
considered. (See chapter 4 on repatriation.)
completely dependent: members of their own family.225
Consequently, parents and other family members
have been noted to play a critical role within terrorist
organizations in the recruitment of children, as well
as preventing child recruitment into such groups.
When a child is in danger of experiencing imminent
harm from parental action, temporary removal may be
warranted.226 Again, any such decision must be made
based by a competent authority subject to judicial
review, on the basis of actual risk to the child’s
well-being and should be in accordance with the
Guidelines for Alternative Care of Children
(see the following box).227 Even in these cases, the
best interests of the child have to be a primary
consideration, and separation should not take
place unless there are no less intrusive measures
to protect the child.228 As discussed earlier, States
are to provide support to the parents in assuming
their parental responsibilities before resorting to
separation.229
116.
Children of individuals suspected of being
foreign fighters may be particularly at risk of
forcible recruitment by a designated terrorist group.223
Children are perceived by armed groups as being more
ideologically malleable than adults and are seen as
easy targets for indoctrination and recruitment to
participate in violence.224 Further, children are often
the most susceptible to recruitment or exploitation by
those they love or by those on whom they are
221 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 64.
222 Ibid., paras 52, 58–70; Committee on the Rights of the
Child, general comment No. 6 (2005), para. 34.
223
A/HRC/40/28, para. 34.
224 United Nations University, Cradled by Conflict: Child
Involvement with Armed Groups in Contemporary Conflict
(2018), 113.
225 Ibid.
226 Committee on the Rights of the Child, general comment
No. 14 (2013), section V, para A(1)(c); A/HRC/40/28, para. 34.
227 A/HRC/40/28, para. 34.
228 Committee on the Rights of the Child, general comment
No. 14 (2013), section V, para. A(1)(c).
229 Ibid.
53.