European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria Germany,102 domestic courts have initially requested State authorities to make efforts to repatriate the children and, in some instances, their mothers as well. However, many of these court decisions have been overturned on appeal, reinforcing the States’ stance that the repatriation of children and women is a political choice rather than a legal obligation. 103 Some of these cases are now being adjudicated before supreme courts in different jurisdictions, at the European Court of Human Rights,104 and before the Committee on the Rights of the Child (“CommRC”). 105 In addition, most recently, States’ refusal—particularly France’s—to repatriate children and their mothers from the camps has been denounced before the International Criminal Court as constituting a war crime, on account of their illegal detention and ill treatment.106 See: Al Jazeera, “German Court Rules on Repatriation of Syria’s ISIL Fighter’s Family”, 11 July 2019; Tanya Mehra, “European Countries Are Being Challenged in Court to Repatriate Their Foreign Fighters and Families”, 2019. For detailed information see: Thomas Van Poecke and Evelien Wauters, “The Repatriation of European Nationals from Syria as Contested Before Domestic Courts in Belgium and Beyond,” 2021, pp. 38-42. 103 See for example: The Conversation, “Repatriation of Dutch Children in Syria Now Unlikely – But It Shouldn’t Be A Political Choice”, 14 May 2020; The Brussels Time, “Belgium Need Not Repatriate Children of Syria Fighters, Says Court”, 22 October 2020; Thomas Renard and Rik Coolsaet, “From Bad to Worse: The Fate of European Foreign Fighters and Families Detained in Syria, One Year After the Turkish Offensive”, 2020, p. 6. 104 Application to ECtHR, “H.F. and M.F. v. France,” Application No. 24384/19, 6 May 2019; ECtHR, “Relinquishment to Grand Chamber of two cases H.F. and M.F. v. France and J.D. and A.D. v. France,” Press release, 22 March 2021. 105 The three cases pending before the CommRC are: Finland, Case No. 100/2019; and France, Cases No. 79/2019 and 109/2019. See: CommRC, “Table of Pending Cases Before the CommRC”, 15 March 2021. 106 Communication auprès de la Procureure de la Cour Pénale Internationale sur la situation des enfants et femmes français détenus sans droit ni titre dans le Nord-Est de la Syrie, 30 March 2021; See Marie Dosé, Gérard Tcholakian and Ludovic Rivière, “L’adhésion de la France au Statut de Rome nous oblige,” Le Club des Juristes, 27 April 2021. 102 20