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to several years of prison, perhaps 5-10 years,
thus not necessarily more than what they would
get in Europe. As a result, it needs to be well
understood that non-repatriation does not imply
that these individuals will never be released or
able to return to Europe. The only question we
should ask ourselves then is whether we are
willing to abandon any form of control on
European foreign fighters, at the risk to see them
come back in some years even more radicalised,
or if we’d rather “take back control” as it is
popular to say these days, to ensure the proper
prosecution, detention and rehabilitation of
foreign fighters in Europe.
Repatriation appears to us as the most sensible
option, for security, legal and ethical reasons. A
growing number of voices have publicly called
for the repatriation of all European children and
their mothers, and even of ISIS fighters. Since
last year, some of these calls were unsurprisingly
made by family members of individuals stranded
in the region, or by child protection agencies. In
some cases, notably in France and Belgium, these
calls were joined by some victims of terrorism.
Some key counter-terrorism practitioners have
also argued publicly in favour of the repatriation
of ISIS fighters and their families, such as French
anti-terrorist magistrate David De Pas,73 the
Federal Prosecutor Frédéric Van Leeuw and the
former Head of the counter-terrorism fusion
centre (CUTA) Paul Van Tigchelt in Belgium,74
or the former MI6 Counterterrorism Director
Richard Barrett in the UK.75 Some politicians
have also publicly called for the repatriation of
children with their mothers, notably a group of
76 Parliamentarians and Senators in France,76
and a group of senior conservative MPs in the
UK.77
The repatriation of children should never have
been an issue. They are victims and protected
under international law. The majority of them are
below 5 years old, and they have every chance to
fully resocialise in their home countries as the
experience of previous repatriations demonstrate.
In contrast, the more time they spend in the
camps, the more traumatized they become, and
the more difficult their resocialisation will be. As
we argued more than two years ago, children are
not “ticking time bombs”, but they could become
ones if we do not bring them back. 78 Moreover,
children should be repatriated with their mothers,
to avoid the traumatic separation of a child from
his mother. The reported attempts of some
governments to repatriate children without their
mothers is morally reprehensible, and practically
counter-productive. Furthermore, it should be
remembered that many women are considered to
be “deradicalized”, “disengaged” or “not a
threat” by European intelligence services, and
their repatriation should therefore not be a major
concern. 79 Some other women are considered a
threat, but they could be properly prosecuted and
detained in Europe, certainly in much more
secure conditions than they would be in Syria or
Iraq. Finally, it is arguably also safer to repatriate
male fighters, as argued by the key counterterrorism practitioners mentioned above. Many
foreign fighters have already been convicted in
absentia, and could even be prosecuted for more
serious crimes (such as crimes against humanity)
if European governments decided to prioritise
this
approach.
European
penitentiary
administrations are now well experienced in
managing terrorist offenders, as they have
handled thousands of them over the past years,
so they could very much deal with a few more
returnees. The capacity and the expertise is there;
it is the political will that is missing.
This said, it should be recognised that whereas
some countries have been particularly successful
at prosecuting returning foreign fighters, such as
France or Belgium, other countries have been
almost unable to bring charges against them, like
EGMONT Royal Institute for International Relations
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