European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria obligation on States to actively repatriate refugees remains uncodified, it is widely recognized that the obligation to return refugees, more specifically “voluntary repatriation of refugees,”378 constitutes at least an emerging customary international legal norm. 379 The HRComm has also stressed the particular importance of the right to return for refugees seeking voluntary repatriation.380 In this context, States have a duty vis-à-vis other States to assist in finding durable and protection-oriented solutions to refugee problems, and they should provide refugees with the necessary travel documents,381 and ensure their sustainable, timely, voluntary, safe, and dignified return, which encompasses repatriation, reintegration, rehabilitation, and reconstruction activities. 382 Accordingly, European States should actively repatriate the detained children in northern Syria who are their nationals, if the detainees wish so, consistent with their duty to receive back their own nationals under international refugee law, including the facilitation thereof, vis-à-vis other States. The Right to Life The children’s right to life in the camps in northeast Syria has been violated or is under threat. Based on the abovementioned factual circumstances (see treatment or punishment,” see: UN, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of Women and Children with links to UN listed Terrorist Groups,” 2019, p. 6. 378 The European Council on Refugees and Exiles describes voluntary repatriation as “the return of Convention (1951 Convention Relating to the Status of Refugees) refugees, other persons with a complementary or temporary protection status, or persons still in the asylum procedure who freely choose to exercise their right to return to their country of origin or habitual residence,” see, “Position on Return by the European Council on Refugees and Exiles,” PO1/10/2003/Ext/MP, October 200, para. 7. 379 Vic Ullom, “Voluntary Repatriation of Refugees and Customary International Law,” Denver Journal of International Law and Policy, Volume 29, Issue 2, 2001; UNHCR, “The International Law of Voluntary Repatriation,” p. 1; Ana Luquerna, “The Children of ISIS: Statelessness and Eligibility for Asylum under International Law,” 2020, p. 176; Susan Musarrat Akram and Terry Rempel, “Temporary Protection as an Instrument for Implementing the Right of Return for Palestinian Refugees”, Boston University International Law Journal, Volume 22, Issue 1, 2004, Public Law Research Paper No. 04-21, p. 72; Peter Van Krieken, “Return and Responsibility,” Volume 38, Issue 4, September 2000, pp. 29-31. See also: UNGA, “Resolution on the Office of the United Nations High Commissioner for Refugees,” A/RES/72/150, 17 January 2018, para. 42; UNHCR, “Conclusions on International Protection Adopted by the Executive Committee of the UNHCR Programme 1975 – 2017 (Conclusion No. 1 – 114),” October 2017, HCR/IP/3/Eng/REV. 2017, pp. 331, 338. 380 HRComm, “General Comment No. 27: Article 12 (Freedom of Movement),” CCPR/C/21/Rev.1/Add.9, 2 November 1999, para. 19. 381 UNHCR, “Handbook on Voluntary Repatriation: International Protection,” 1996, Subsection 2.6., p. 13. See also: HRW, “Right to Return - Relevant Background,” 4 April 2004. 382 Francesca Capone, “Is Trump Right? Foreign Fighters and the States’ Obligation to Repatriate Them,” 2019. 66