European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria Conclusion Under international and European law, European States have an extraterritorial obligation to protect their child nationals in the camps in northeast Syria from violations of their right to nationality, right to consular assistance, right to enter their own country, right to life, right to be free from torture and ill-treatment, right to liberty and security, and right to reintegration and recovery as victims of armed conflict, in accordance with the best interests of the child, the principle of non-discrimination, and the principle of family unity. Taking into consideration European States’ legal obligations, security arguments, the SDF’s explicit request for States to repatriate their citizens and willingness to cooperate in that process, as well as European States’ capacity to do so, the proactive repatriation of the children to their country of nationality together with their primary caregivers appears to be the only effective way for European States to protect the rights of children detained in the camps. This is a remarkable situation where the protection of human rights and addressing national security concerns converge and repatriation is encouraged by human rights advocates as well as security experts. This briefing paper has developed a series of legal arguments, based on international and European legal standards, that can be used to advocate for the proactive repatriation of the children, together with their primary caregivers. Litigators and advocates are encouraged to use these arguments as appropriate, taking into consideration each State’s relevant domestic laws and policies, the ratification status of relevant international and European treaties, and the specific factual circumstances of their nationals in the camps. Such arguments can be invoked before national, as well as regional and international, judicial and quasi-judicial bodies. At the international level, legal avenues where such cases may be pursued include: the Committee on the Rights of the Child, 512 the Human Rights Committee,513 the Committee against Torture, 514 and the Committee on 512 States must have ratified the “Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure”. Currently there are four cases before the CommRC, regarding the repatriation of European children from the camps in northeast Syria. See: Finland, Case No. 100/2019, and France, Cases No. 77/2019, 79/2019 and 109/2019, CRC, Table of pending cases, 15 March 2021. 513 The “1976 First Optional Protocol to the ICCPR” establishes the competence of the Human Rights Committee to receive individual communications in relation to violations of the ICCPR. 514 See Article 22 of the CAT. 87