The children (and wives) of foreign ISIS fighters 91 Government has showed no interest towards the fate of foreigners on its soil − the role of States of nationality gains more prominence. In particular, with regard to this scenario, it is worth reflecting on the extraterritorial reach of human rights treaties like the European Convention on Human Rights (ECHR),110 the ICCPR, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),111 the Convention on the Rights of the Child (CRC) and its Optional Protocols,112 in particular the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC).113 So far the European Court of Human Rights (ECtHR), in its seemingly inconsistent case law from Banković onwards,114 confirmed that jurisdiction under Article 1 of the ECHR is ‘primarily territorial’115 and it also recognized ‘a number of exceptional circumstances’ outside of territorial boundaries, which could give rise to the establishment of jurisdiction.116 Said exceptional circumstances can be grouped in two categories, ‘state agent authority and control over persons’ and ‘effective control over an area or territory’.117 Even though the ECtHR jurisprudence regarding jurisdiction, and thus extraterritoriality, is primarily based ‘on facts rather than on a generalizable principle’,118 it is possible to anticipate that − given the Court’s approach − it would be impossible, or at least very difficult, for the Court to find that any of its States parties is currently 110 Convention for the Protection of Human Rights and Fundamental Freedoms as amended. 111 CAT (adopted 10 December 1984, entered into force 26 June 1987) 1465 UNTS 85. 112 CRC Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3. 113 OPAC (adopted 25 May 2000, entered into force 12 February 2002) 2173 UNTS 222. 114 Banković v Belgium, App No 52207/99, (ECtHR [GC], 12 December 2001) paras 31-53. 115 S Miller, ‘Revisiting Extraterritorial Jurisdiction: A Territorial Justification for Extraterritorial Jurisdiction under the European Convention’ (2010) 20 Eur J Intl L 1223, 1226-1230. 116 Kim (n 103) 53. 117 Al-Skeini and Others v United Kingdom, App No 55721/07 (ECtHR [GC] 7 July 2011) paras 133-140. 118 M O’Boyle, ‘The European Convention on Human Rights and Extraterritorial Jurisdiction: A Comment on “Life after Bankovic”’, in F Coomans, MT Kamminga (eds), Extraterritorial Application of Human Rights Treaties (2004) 128.