European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria Currently, many children in the camps in northeast Syria who have European nationality—or whose parent(s) are European nationals—face a significant risk of being arbitrarily precluded from obtaining, retaining, or proving their European nationality, and are thus at risk of not only remaining in the camps but also becoming stateless, which constitutes a violation of European States’ international legal obligations. The risk arises mainly from the two scenarios examined below: (1) children having difficulties in acquiring and/or proving their nationality; and (2) children facing a risk of being directly or indirectly stripped of their nationality. i. Children’s Right to Acquire the Nationality of their National Parent(s) Many children in the camps, whose parent(s) are European nationals, have difficulties in acquiring the nationality of their parents and/or of proving the nationality that they have already acquired. Thus, they are facing a significant risk of becoming stateless. European States widely follow a jus sanguinis tradition and have established norms that safeguard children’s right to acquire the nationality of their parent(s).211 While under European and international law States following the jus sanguinis tradition are allowed to provide for a special procedure for children born out of wedlock and to make exceptions for children born abroad, these exceptions must be consistent with the human rights obligations explained above. 212 This means, for example, that States cannot regulate any ground for the acquisition of nationality in a way that would result in discrimination,213 such as on the basis of maternal or paternal 211 ECN, Article 6 (1-a). CoE, Committee of Ministers, “The Nationality of Children Recommendation CM/Rec(2009)13 and Explanatory Memorandum”, 9 December 2009 (7th Sitting), Principle 1, pp. 13-14. 212 Ibid. The UNSG, “Advisory Opinion of 1923 by the Permanent Court of International Justice in the Tunis and Morocco Nationality Decrees Case” , 1923, PCIJ Series B, No. 4, p. 24. Also see: UNHCR, “UNHCR and De Facto Statelessness”, April 2010, LPPR/2010/01, p. i. See also: Gerard-René de Groot and Olivier Vonk, “Acquisition of Nationality by Birth on a Particular Territory or Establishment of Parentage: Global Trends Regarding Ius Sanguinis and Ius Soli.” Netherlands International Law Review 65, 2018, p. 323. Gerard-René de Groot and Maarten Peter Vink, “The Relationship Between Citizenship and Residence in the Citizenship Laws of the Member States of the European Union”, CARIM-India Research Report 2013/25, European University Institute, 2013, p. 7. 213 ECN, Article 5; CERD, Article 5; 1961 Convention on the Reduction of Statelessness, Article 9. Human Rights Council “Report of the Secretary-General on Human Rights and Arbitrary Deprivation of Nationality,” A/HRC/13/34, 14 December 2009, para. 3-18. 39