74 QIL 60 (2019) 69-97
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obligation to repatriate at least the wives and children of foreign ISIS
fighters and, second, which are the other obligations, e.g. the obligation
to rehabilitate and reintegrate children formerly associated with ISIS,
that it is possible to infer from the current international legal framework.
Finally, further aspects − e.g. the extent to which non-State armed groups
are bound by human rights law, the international responsibility of third
States that provide support to the SDF and the possibility to implement
measures locally in lieu of repatriation – will not be addressed in the
course of the present analysis as, in this author’s view, they deserve
proper consideration in their own right.
2. Foreign women and children affiliated with ISIS
In order to lay the groundwork for the discussion about the relevance
and applicability of the current international legal framework, the next
sections will provide a brief overview of what is known, so far, about the
role played by women and children affiliated with ISIS and the responses
that States are implementing towards them.
2.1. The role of women in the ranks of ISIS
In the aftermath of the first two waves of FTFs returnees, respectively
in 2013-2014 and in early 2015,21 a lenient approach has been implemented towards female FTFs, moving from the assumption that they only
played ancillary roles and therefore could not pose any significant threat
to national security.22 Nowadays, the evolving understanding of female
FTFs shows that the depiction of women as ‘jihadi brides’ or Muhajirat,
ie female migrants, is not adequate to grasp the complexity of women’s
contribution to ISIS and more in general their role as participants in Islamist insurgencies.23 Recent studies, in fact, present a picture that challenges the narrow-minded narrative of females as hopeless and passive
21
European Parliamentary Research Service (EPRS), ‘The Return of Foreign
Fighters to EU Soil Ex-post Evaluation’ (5 May 2018) <www.europarl.europa.eu/
RegData/etudes/STUD/2018/621811/EPRS_STU(2018)621811_EN.pdf>.
22
ibid 36.
23
M Loken, A Zelenz, ‘Explaining Extremism: Western Women in Daesh’ (2017) 3
European J Intl Studies 45, 51.