European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria In this briefing paper, reference is made primarily to international and European human rights law, in particular the jurisprudence of the European Court of Human Rights (“ECtHR”), but also to international humanitarian law, international criminal law, international law relating to counterterrorism, the law of diplomatic and consular relations, and European Union (“EU”) law. The legal standards and arguments examined in this briefing paper are not exhaustive and readers are advised to check the applicable law in each jurisdiction. This briefing paper is structured in three sections followed by concluding remarks. Following a note on terminology and definitions, Section I provides an overview of the situation in the camps where the children are currently held, and of European States’ failures to repatriate their nationals and the children whose parent(s) are European nationals (including undetermined nationals/children of nationals whose nationality is not yet established in law). Section II outlines a series of legal arguments that can be used in advocating and litigating for the proactive repatriation of those children. Section III sets out legal arguments for the repatriation of children together with their primary caregivers. The Conclusion is forward-looking and highlights several key legal avenues through which repatriation cases could be pursued. The Open Society Justice Initiative encourages litigators and advocates to use the research and arguments in this briefing paper to support domestic, regional, and international advocacy and litigation. The Justice Initiative has made every effort to ensure the information presented here is accurate. This brief is provided for information purposes only and does not constitute legal advice. 7