94 QIL 60 (2019) 69-97
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obligations stemming from the CAT and ensure a ‘no-safe-haven approach’ to torture worldwide is to remove FTFs and their family members from the camps and bring them back to their countries of origin.
With regard to the Convention on the Rights of the Child, the CRC
Committee reiterated on various occasions the extraterritorial reach of
the Convention,130 a position that has been endorsed by the International
Court of Justice (ICJ) with respect to both the CRC and the ICCPR.131
Particularly relevant in this case is the obligation enshrined in Article 39
of the CRC which requires States to promote the physical and psychological recovery and reintegration of ‘a child victim of: any form of neglect,
exploitation, or abuse; torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflicts … in an environment which fosters the health, self-respect and dignity of the child.’ This
obligation is mirrored and reinforced by the text of the two principal
Resolutions on FTFs, which specifically ask Member States to develop
rehabilitation and reintegration strategies, targeting not only returning
FTFs but also their family members, especially children.132 Moreover, the
extraterritorial application of the Convention and its OPAC has been
emphasised with regard to the recruitment and use of child soldiers. This
is relevant also to the case under scrutiny as the defeat of ISIS has not
neutralized the risk that children − left without protection − could be
recruited by armed forces or groups, including the SDF. Article 4 of the
OPAC − by providing that armed groups that are distinct from the armed
forces of a State should not, under any circumstances, recruit or use in
hostilities persons under the age of 18 years − recognizes that States, as
the only parties to the Protocol, are responsible for the implementation
130
CRC Committee, ‘Concluding Observations of the Committee on the Rights of
the Child: Israel’, UN Doc CRC/C/15/Add.195 (4 October 2002) paras 2, 5, 57–58. CRC
Committee, ‘General Comment No. 16 on State Obligations Regarding the Impact of the
Business Sector on Children’s Rights’, UN Doc CRC/C/GC/16 (April 17, 2013) para 43;
CRC Committee, ‘General Comment No. 6 (2005): Treatment of Unaccompanied and
Separated Children Outside their Country of Origin’, UN Doc CRC/GC/2005/6 (1
September 2005) para 10.
131
R Wilde, ‘Human Rights Beyond Borders at the World Court: The Significance
of the International Court of Justice’s Jurisprudence on the Extraterritorial Application
of International Human Rights Law Treaties’ (2013) 12 Chinese J Intl Law 639, 663-665.
132
UN Doc S/RES/2178 (2014) para 6; UN Doc S/RES/2396 (2017) paras 29-30, 36.