European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria in question by taking action to repatriate them or provide other consular responses.”128 The Best Interests of the Child Given that this briefing paper focuses on the repatriation of European child nationals, the principle of the “best interests of the child” is of crucial importance in devising legal arguments. Because of children’s particular vulnerabilities—including dependency, maturity, legal status, and, often, voicelessness129—international law requires130 that a child’s best interests must be a primary consideration in all actions and decisions (including inaction and failure to take action) 131 that directly or indirectly affect children.132 This covers actions undertaken by courts of law, administrative authorities, or legislative bodies,133 including actions concerning the repatriation of children. The best interests of the child is a fundamental principle in the protection of children’s rights and is one of the core provisions of the CRC. 134 As stressed by the CommRC, “the best interests of the child” is a threefold concept: it is a substantive right, a fundamental interpretative legal principle, and a rule of procedure.135 Assessing and determining the best interests of the child requires procedural guarantees.136 States must explain what criteria have been used and how the child’s best interests have been weighed against other considerations.137 The CommRC underlines that when assessing and determining the child’s best interests, several key elements must be taken into account. 138 First, the assessment of a child’s best interests must include respect for the child’s 128 CommRC, “L.H. et al v. France,” 2020, para. 9.7. See: Marko Milanovic, “Repatriating Children of Foreign Terrorist Fighters and the Extraterritorial Application of Human Rights,” EIJL Talk!, 10 November 2020. 129 CommRC, “General Comment No. 14 (2013) on the Right of the Child to Have His or Her Best Interests Taken as Primary Consideration (Article 3, para. 1),” 29 May 2013, CRC/C/GC/1, Article 37. 130 Most states have domesticated and some constitutionalized the “best interests of the child” principle. 131 CommRC, “General Comment No. 14 (2013),” para. 18. 132 Ibid, para. 19. 133 CRC, Article 3(1). 134 CRC, Article 3(1). 135 CommRC, “General Comment No. 14 (2013),” para. 6. 136 Ibid, para. 6 (c). 137 Ibid. 138 As stated in CommRC, “General Comment No. 14 (2013),” para. 52-79, the key elements that must be taken into account are: the child’s views; the child’s identity – including national origin; the preservation of the family environment and maintaining relations; the care, protection and safety of the child; the situation of vulnerability; the child’s right to health; and the child’s right to education. 26