European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
duty to actively repatriate, rehabilitate, and reintegrate the children,465
without discrimination on the basis of their age or degree of involvement in
the conflict.466
States should follow a whole-of-government approach to provide timely and
appropriate reintegration and rehabilitation assistance to children associated
with individuals believed to be affiliated with ISIS returning or relocating
from conflict zones.467 This includes access to age and gender appropriate
services, including mental health and psychosocial support, education, legal
assistance, and working with communities to avoid the stigmatization of
these children and facilitate their return, 468 in a manner that addresses their
developmental needs, their degree of indoctrination, and the numerous
different roles they might have played when affiliated with ISIS.469
Children’s best interests require prioritization of rehabilitation and
reintegration in any contact they have with the law. 470
The camps in northeast Syria do not represent an environment where
children can rehabilitate and recover in accordance with their best interests.
The denial of repatriation is contrary to normative approaches to child
victims of armed conflict.471 Consistent with their obligations to ensure that
their child nationals have access to specialized and quality reintegration,
recovery and rehabilitation services, European States must repatriate them to
their country of nationality.
465 PACE, “Resolution 2321” (2020), para. 6.
466 Ibid, para. 8(2).
467 UNSC, “Resolution 2396” (2017), para. 31.
468 Ibid, p. 3 and para. 31; UNSC, “Resolution 2427,” (2018), para. 26; UNSG, “Key Principles for the
Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of Women and Children with
Links to United Nations listed Terrorist Groups,” p. 6.
469 UNSC, “Resolution 2396,” (2017), para. 31.
470 UNSG, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of
Women and Children with Links to United Nations listed Terrorist Groups,” p. 7.
471 Conrad Nyamutata, “Young Terrorists or Child Soldiers? ISIS Children, International Law and
Victimhood,” 2020, p. 241.
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