European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria individuals in the camps and repatriate them safely, as evidenced by several cases of successful repatriation of children and women.85 The repatriation of children and their primary caregivers is generally presented by politicians and the media as a national security threat. Security concerns must be treated seriously, as repatriation is not without risk. However, leaving children and women in the camps does not serve European States’ long-term security interests and may in fact be counterproductive.86 Indeed, counter-terrorism experts have called for an approach in which repatriation of nationals—men, women, and children—is only the beginning of a process that continues, as appropriate, with prosecution, rehabilitation, and reintegration.87 Counter-terrorism experts indicate that in the long-term, repatriation is the best solution because it enables a controlled and monitored process of return. 88 In addition to counter-terrorism experts,89 a growing number of voices has been calling for the repatriation of children together with their primary caregivers, including the Secretary General of United Nations,90 the UN Security Council (“UNSC”), 91 numerous UN Special Rapporteurs, 92 the Council of Europe (“CoE”), 93 the European Commissioner for Human 85 86 87 88 89 90 91 92 93 18 See: Tanya Mehra, “European Countries Are Being Challenged in Court to Repatriate their Foreign Fighters and Families”, 7 November 2019; Rights Watch UK, “European Women and Children in Syria – Factual and Legal Briefing”, 7 November 2019, para 5. Organization for Security and Cooperation in Europe ( “OSCE”)/ Office for Democratic Institutions and Human Rights ( “ODIHR”), “Guidelines for Addressing the Threats and Challenges of ‘Foreign Terrorist Fighters’ within a Human Rights Framework”, 2018, p. 50; Elian Peltier and Constant Méheut, “Europe’s Dilemma: Take In ISIS Families, or Leave Them in Syria?,” The New York Times, 28 May 2021; Meghan Benton and Natalia Banulescu-Bogdan, “Foreign Fighters: Will Revoking Citizenship Mitigate the Threat?”, Migration Policy Institute, 3 April 2019. Open Letter from National Security Professionals to Western Governments, “Unless We Act Now, the Islamic State Will Rise Again”, 11 September 2019, p. 2 Ibid. Ibid. Report of the UNSG, “Activities of the United Nations System in Implementing the United Nations Global Counter-Terrorism Strategy,” 29 January 2021, para. 7, 22 and 74. UNSG, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of Women and Children with Links to United Nations listed Terrorist Groups”, April 2019, p. 3. UNSC, “Resolution 2427 (2018) on Children and Armed Conflict”, S/RES/2427, 9 July 2018, para. 26; UNSC, “Resolution 2396 (2017) on Threats to International Peace and Security Caused by Terrorist Acts”, S/RES/2396, 21 December 2017; UNSC, “Resolution 2178 (2014) on Threats to International Peace and Security Caused by Terrorist Acts”, S/RES/2178, 24 September 2014. OHCHR, “Syria: UN Experts Urge 57 States to Repatriate Women and Children from Squalid Camps,” 8 February 2021. PACE, “Resolution 2321 (2020) on International Obligations Concerning the Repatriation of Children from War and Conflict Zones,” 30 January 2020.