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.
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