European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria relationship of proportionality between the means employed and the aim sought to be realized. Finally, in justifying policies that favor the repatriation of unaccompanied children, some European States explained that this is to ensure that their parents are not given a legal avenue for repatriation. 177 However, as set out above, international law prohibits children from being punished, treated differently, or discriminated against because of the beliefs, activities, or status of their parents.178 Therefore, State policies that do not allow for the repatriation of children with their parents—in order to punish or prevent the return of their parents—violate the principle of non-discrimination, and may amount to a form of collective punishment, 179 unless there is a legitimate aim and the decision is proportionate. Given that security experts agree that parents pose more of a security risk in the camps than if returned to their country of nationality,180 it is difficult to see how this test could be satisfied. The Right to Nationality The scope of numerous European States’ policies on repatriation is limited to children with confirmed nationality. Therefore, European States’ obligations regarding the right to nationality are critically important for the repatriation of children detained in the camps, who are facing a significant risk of being arbitrarily precluded from obtaining, retaining, or proving their European nationality. As reflected in numerous, widely ratified international treaties, everyone has the right to acquire a nationality and no one shall be arbitrarily deprived of 177 For example, Sajid Javid, the former UK home secretary said that he was concerned that “bringing the children home would provide the parents with a legal argument to return to the UK,” see: The Independent, “Children of British Isis Members Will Not Be Allowed to Return to Britain, Government Rules”, 13 August 2019. 178 CRC, Article 2(2). 179 UNCCT, “Handbook Children Affected by the Foreign-Fighter Phenomenon: Ensuring A Child RightsBased Approach”, 2019, para. 52. 180 Open Letter from National Security Professionals to Western Governments, “Unless We Act Now, the Islamic State Will Rise Again”, 11 September 2019. Also see: OSCE/ODIHR, “Guidelines for Addressing the Threats and Challenges of ‘Foreign Terrorist Fighters’ within a Human Rights Framework”, 2018, p. 50. Meghan Benton and Natalia Banulescu-Bogdan, “Foreign Fighters: Will Revoking Citizenship Mitigate the Threat?”, Migration Policy Institute, 3 April 2019; Joana Cook and Gina Vale, “From Daesh to 'Diaspora' II: The Challenges Posed by Women and Minors After the Fall of the Caliphate”, 2019, pp. 30-45. Note that reports indicate that a high proportion of women in the camps were either never committed to ISIS or are no longer committed, or that they do not pose an overwhelming security risk to European countries or a risk of abuse or neglect their children, see: RSI, “Europe’s Guantanamo: The Indefinite Detention of European Women and Children in North East Syria,” 2020, para. 95. 34