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are often being challenged in court and are thus
pending.
In the table above we have compiled the figures
for the “most affected” European countries,
which accounted together for more than 95
percent of the European foreign fighters in Syria
and Iraq. To collect these figures, we have
contacted experts in each country with a short
questionnaire, and we cross-checked their
responses with open-source documents and press
articles, as well as with officials from international
NGOs active in the Kurdish camps. To the
extent possible, we limited our figures to
European “nationals” (thus with citizenship),
thus eligible for repatriation. Indeed, most
European countries monitor a large number of
FTFs that have “links” with their homeland, but
do not have a European citizenship (e.g. legal or
illegal residents). While the figures above should
be treated with caution, they offer the best EUwide estimate available to our knowledge.
EUROPE’S POLICY OPTIONS
One year after the Turkish offensive, in spite of
the deteriorating security and humanitarian
conditions in the camps and detention facilities,
all European governments remain hostile to the
repatriation of their nationals from Syria. They
consider a policy of repatriation as “political
suicide”, 65 and the issue has indeed triggered the
fall of the government in Norway and political
backlash against Finland’s pro-repatriation
Foreign Minister.66 Although most governments
emphasise the right of children to return, they
have been mostly unwilling to repatriate the
remaining 600+ children detained in Syria so far,
except in the few cases mentioned above. In spite
of some Court decisions (in Belgium,
Netherlands or Germany, notably) demanding
the repatriation of children,67 often along with
their mothers, governments have categorically
refused to repatriate adults – except on three
occasions mentioned previously. Governments
have usually argued that Kurdish authorities
refuse to allow the repatriation of children
without their mothers, hence leading to a
deadlock. Meanwhile, in some countries, Court
decisions have been overruled in Appeal,
consolidating the governments’ position that
there is no strict obligation to organise the
repatriation of ISIS families. Some of these cases
will still likely be taken to Supreme Court or to
the European Court of Human Rights.
In quite a radical move, some countries have
stripped some of their nationals in Syria of their
citizenship, with the consequence of avoiding any
obligation of repatriation, and with a potential
impact on their children’s capacity to claim
European citizenship (when born in Syria). The
best-known case was that of Shamina Begum in
the UK, whose citizenship was revoked in 2019,
although the UK Court of Appeal eventually
ruled in July 2020 that she should be allowed to
return home in order to fully and effectively
appeal against her citizenship deprivation.68
Other countries that have stripped some of their
fighters of citizenship include Belgium, France,
Denmark and the Netherlands.
If repatriation is excluded, at least for adults, the
question remains as to what should be done with
detained foreign fighters in Syria. Indeed,
prolonged detention outside any legal framework
(creating a sort of “European-sponsored
Guantanamo”) cannot be considered an option.
Most European governments have generally
adopted the position that foreign fighters should
be prosecuted “where they have committed their
offences”, thus implying either in Syria or Iraq. 69
The option of setting up an “international
tribunal” was explored on several occasions since
2018, notably pushed by Sweden and the
Netherlands, but it has been largely recognised as
impractical. It would be costly and lengthy to set
EGMONT Royal Institute for International Relations
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