The children (and wives) of foreign ISIS fighters 93 – the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, stressed, consistently with the views expressed by the CAT Committee,124 that ‘the jus cogens non derogable prohibition against torture and ill-treatment cannot be territorially limited and that any jurisdictional references found in the CAT cannot be read to restrict or limit States’ obligations to respect all individuals’ rights to be free from torture and illtreatment, anywhere in the world.’125 More specifically, the obligation to take preventive measures under Articles 2(1) and 16(1) of the CAT encompasses actions taken by States ‘in their own jurisdictions to prevent torture or other ill-treatment extraterritorially’.126 A State, hence, may also be responsible for ‘indirectly attributable extraterritorial wrongfulness’ owing to a failure to fulfil its positive human rights obligations.127 The Special Rapporteur stressed that the Convention obliges States to take positive measures ‘only when they exercise sufficient authority to be able to do so’, meaning that States’ fulfilment of its positive obligations is practicable only in certain situations.128 Notably, however, ‘practical difficulties’ − often invoked by States of nationality to avoid the repatriation of their nationals held in the SDF camps − encountered in securing the effective enjoyment of relevant rights in some extraterritorial scenarios ‘can never displace States’ positive duties to guarantee and ensure these rights at all times’.129 As a result, it is possible to infer that the only viable option to fulfil the (positive) 124 CAT, ‘General Comment No. 2: Implementation of Article 2 by States Parties’, UN Doc CAT/C/GC/2 (23 November 2007) para 16; K da Costa, The Extraterritorial Application of Selected Human Rights Treaties (Brill 2012) 255-257; M Nowak, E McArthur, The United Nations Convention Against Torture: A Commentary (OUP 2008). 125 ‘Interim Report of the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment’, UN Doc A/70/303 (7 August 2015) para 27 (emphasis added). 126 ibid para 33 (emphasis added). 127 ibid para 35. See V P Tzevelekos, ‘Reconstructing the Effective Control Criterion in Extraterritorial Human Rights Breaches: Direct Attribution of Wrongfulness, Due Diligence, and Concurrent Responsibility’ (2015) 36 Michigan J Intl L 129, 151-157. 128 ‘Interim Report of the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment’ (n 125) para 28. 129 ibid para 37.