European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria belong.”330 While the right to “consular information” during detention abroad does not confer a right to receive consular assistance per se, state practice, UN General Assembly resolutions, 331 and domestic, regional, and international judicial opinions 332 have widely recognized that consular assistance contributes to fair trial rights. 333 In 2017, the UNSC specifically urged States to ensure consular access for their own detained nationals, in accordance with applicable domestic and international law, in particular international human rights law. 334 More recently, in 2019, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, asserted that a rule of customary international law concerning the responsibility of the nationals’ State to provide consular assistance is emerging.335 iv. International Human Rights Law States have a positive obligation under international human rights law to provide consular assistance to their nationals at who are at risk abroad.336 This obligation stems from States’ obligation to ensure that their nationals have access to effective remedies when their human rights are violated. 337 The right to an effective remedy for serious human rights violations, 330 UN, “Standard Minimum Rules for the Treatment of Prisoners,” 30 August 1955, para. 38(1). See also: UNGA, “UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)”, A/RES/70/175, 8 January 2016, Rule 62. 331 UNGA, “United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)”, Rule 62; UNGA, “Resolution on Moratorium on the Use of the Death Penalty”, A/RES/69/186, 4 February 2015, para. 5(b); UNGA, “Note by Secretary General on Extrajudicial, Summary or Arbitrary Executions”, A/70/304, 7 August 2015, para. 91-94. 332 See: Inter-American Court of Human Rights, “The Right to Information on Consular Assistance in the Framework of the Guarantees of Due Process of Law”, Advisory Opinion OC-16/99 Series A no. 16, requested by the United States of Mexico, para. 80: “[…] the provision [VCCR Article 36(1)] recognizing consular communication serves a dual purpose: that of recognizing a State’s right to assist its nationals through the consular officer’s actions and, correspondingly, that of recognizing the correlative right of the national of the sending State to contact the consular officer to obtain that assistance[…]”; International Court of Justice (“ICJ”), “LaGrand (Germany v United States of America)”, Judgment, ICJ Rep (2001) 466, para 74; “Avena and Other Mexican Nationals (Mexico v United States of America)”, Judgment, ICJ Rep (2004) 12, para 40.; ICJ, “Jadhav (India v Pakistan)”, Judgment, ICJ Rep (2019) 418, para. 102, 107, 118, 133. 333 For more information see: David P. Stewart, “The Emergent Human Right to Consular Notification, Access and Assistance”, 2020. 334 UNSC, “Resolution on Threats to International Peace and Security Caused by Terrorist Acts – Foreign Terrorist Fighters” S/RES/2396, 21 December 2017, preamble and para. 6. 335 UN Special Rapporteur on extrajudicial, summary or arbitrary executions, “Report on the Application of the Death Penalty to Foreign Nationals and the Provision of Consular Assistance by the Home State,” 20 August 2019, A/74/318. 336 International Bar Association Human Rights Institute “A Pressing Concern: Protecting and Promoting Press Freedom by Strengthening Consular Support to Journalists at Risk”, 16 November 2020, p. 65; Rights Watch UK, “European Women and Children in Syria – Factual and Legal Briefing”, 7 November 2019, para. 10. 337 International Bar Association Human Rights Institute “A Pressing Concern: Protecting and Promoting Press Freedom by Strengthening Consular Support to Journalists at Risk”, pp. 65-66. 59