European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria humanitarian law and the ECHR in times of armed conflict, “the grounds of permitted deprivation of liberty […] should be accommodated, as far as possible, with the taking of prisoners of war and the detention of civilians who pose a risk to security under the Third and Fourth Geneva Conventions […] It can only be in cases of international armed conflict, where the taking of prisoners of war and the detention of civilians who pose a threat to security are accepted features of international humanitarian law, that Article 5 [the right to liberty and security] could be interpreted as permitting the exercise of such broad powers.”438 The Right of Child Victims of Armed Conflict to Reintegration and Recovery i. Children in the Camps Should Be Treated as Victims Children in armed conflict should be treated primarily as victims. The victim-first approach is widely recognized in international law,439 and the UNSC explicitly states that “children who have been recruited in violation of applicable international law by armed forces and armed groups and are accused of having committed crimes during armed conflicts should be treated primarily as victims of violations of international law.”440 As such, the children in the camps are entitled to protection. 441 International humanitarian law and customary international law prohibit the recruitment and use of children under the age of 15 as soldiers.442 In addition, under international criminal law, recruitment of child soldiers, both 438 ECtHR, “Hassan v. UK,” para. 104; Ana Luquerna, “The Children of ISIS: Statelessness and Eligibility for Asylum under International Law,” 2020, p. 171. 439 UN, “Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict,” A/RES/54/263, 25 May 2000; UNICEF, “The Paris Principles: Principles and Guidelines on Children Associated with Armed Forces or Armed Groups,” 2007; UNSC, “Resolution 1314”, S/RES/1314 (2000); UNSG, “Key Principles For The Protection, Repatriation, Prosecution, Rehabilitation And Reintegration Of Women And Children With Links To United Nations Listed Terrorist Groups,” April 2019, p. 7. 440 UNSC, “Resolution 2427,” (2018), para. 20, and UNSC, “Resolution 2396,” (2017), para. 31. 441 Of particular relevance here may be the Report of the Special Rapporteur on trafficking in persons, especially women and children, Siobhán Mullally, on the “Implementation of the Non-Punishment Principle,” A/HRC/47/34, 17 May 2021: “The principle of non-punishment constitutes the cornerstone of an effective protection of the rights of victims of trafficking, however, its non-implementation or deficient implementation measures that deviate the principle from its intended result are still common practice,” p. 1, see also para. 40. 442 Additional Protocol I to the Geneva Conventions, Article 77(2); International Committee of the Red Cross, “Customary International Humanitarian Law,” Customary Rules 136 and 137. 75