European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria primary caregivers’ protection. 497 Their primary caregivers are the sole stable reference that these children have had in a very chaotic and precarious young life,498 as most of them have never known life outside of the Caliphate and the camps, and some have already been traumatized by witnessing their loved ones being harassed and assaulted. 499 Thus, separating them from their primary caregivers is likely to be detrimental. 500 In addition, repatriating children together with their primary caregivers provides the best opportunity for supporting children’s successful rehabilitation and reintegration, for which the involvement of parents and caregivers is vital.501 Because SDF authorities may refuse to allow States to repatriate children without their primary caregivers,502 the fact that the repatriation of the children may be contingent on the repatriation of their primary caregivers must be also be considered in the assessment and determination of children’s best interests. When assessing the best interest of the child in the context of separation from parents, States should also consider that while the primary caregivers of some children in the camps are their biological parents, many foreign children detained in the camps are orphaned or unaccompanied and their current primary caregivers may lack a biological link to them. In these situations, to the extent possible, States should interpret the term “family” in 497 Library of Congress, “Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany,” Global Legal Monitor, 17 December 2019. 498 Children’s Rights Ombudspersons (Belgium), “Recommendations From the Children’s Rights Ombudspersons of Belgium to Deal with the Children Returning in Belgium from Jihadist Zones,” no date, p. 2. 499 Anne Speckhard and Molly Ellenberg, “Perspective: Can We Repatriate the ISIS Children?”, 2020. 500 Children’s Rights Ombudspersons (Belgium), “Recommendations From the Children’s Rights Ombudspersons of Belgium to Deal with the Children Returning in Belgium from Jihadist Zones,” no date, p. 2. 501 “Keys to providing effective psychosocial support for children affected by armed conflict: (…) Involvement of parents/caregivers: It is vital that parents or caregivers, and other community members, be as involved as possible in psychosocial activities. Their involvement provides children with an external resource, and also increases opportunities for adults to provide support for one another.” See: ICRC, “Workshop Report – Children Affected by Armed Conflict and Other Situations of Violence,” Geneva, 14-16 March 2011, p. 17. See also: Radicalisation Awareness Network, “Child Returnees from Conflict Zones,” Issue Pare, November 2016, p. 3; Ivelina I. Borisova, Theresa S. Betancourt, and John B. Willett, “Efforts to Promote Reintegration and Rehabilitation of Traumatized Former Child Soldiers Reintegration of Former Child Soldiers in Sierra Leone: The Role of Caregivers and Their Awareness of the Violence Adolescents Experienced During the War,” J. Aggress Maltreat Trauma, Volume 22, Issue 8, 2013, pp. 803–828. 502 See: Library of Congress, “Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany,” Global Legal Monitor, 17 December 2019. 84

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