The children (and wives) of foreign ISIS fighters
77
could represent a serious security threat has informed all the decisions
made so far by their States of nationality. More in detail, even though
most States have declared their intention to consider children – at least
those under the age of 10 − as victims rather than perpetrators or potential terrorists,35 in practice only a handful of Governments have proactively sought to bring them back home, alone or alongside their mothers.
As international pressure on the matter is mounting, child rights experts
insist on the risk of double victimization for the children who, after being
abducted, recruited, used and exposed to violence at an early age,36 continue to live in extremely dire conditions, conducive to further abuses
and human rights violations.37 The repatriation of women and children is
widely regarded as the only viable option to ensure their well-being and
at the same time neutralize further security threats.38 The question of
whether repatriating the family members of FTFs should be framed as an
obligation, rather than as a desirable outcome informed by security and
humanitarian considerations, still needs to be examined through the
prism of international law.
<https://icct.nl/publication/isis-child-soldiers-in-syria-the-structural-and-predatoryrecruitment-enlistment-pre-training-indoctrination-training-and-deployment/>.
35
Belgium, for example, has openly declared its willingness to readmit to its territory
only children under the age of 10 (without actively pursuing their repatriation, but by
simply allowing relatives to bring them back), and to treat the older ones on a case-bycase basis. T Renard and R Coolsaet, ‘Children in the Levant: Insights from Belgium on
the Dilemmas of Repatriation and the Challenges of Reintegration’ Egmont Institute (11
July 2018) 4-5 <www.egmontinstitute.be/content/uploads/2018/07/SPB98-RenardCoolsaet_v2.pdf?type=pdf>.
36
‘Report of the Special Representative of the Secretary-General for Children and
Armed Conflict’ (n 3) para 17.
37
‘Protect the Rights of Children of Foreign Fighters Stranded in Syria and Iraq’
Statement by UNICEF Executive Director Henrietta Fore (21 May 2019)
<www.unicef.org/press-releases/protect-rights-children-foreign-fighters-stranded-syriaand-iraq>. According to the statement ‘[t]hese children are “doubly rejected” –
stigmatized by their communities and shunned by their governments. They face massive
legal, logistical and political challenges in accessing basic services or returning to their
countries of origin.’
38
F D Ní Aoláin, ‘Time to Bring Women and Children Home from Iraq and Syria’
Just Security (4 June 2019) <www.justsecurity.org/64402/time-to-bring-women-andchildren-home-from-iraq-and-syria/>.