European states also claim that the logistics of any possible repatriation efforts are acutely
challenging and pose a considerable security risk for their officials. They note that they have
no official presence in Syria in the form of an embassy or a consulate. However, this does
not take account of the significant and ongoing military and political cooperation between
European State authorities and the AANES in North East Syria. And, as this report reveals,
there is a significant presence of European State diplomatic, military and intelligence
personnel in the detention camps and some appear to have an influence over what happens
to their nationals who are detained. European States have also affected the repatriation
of some of their nationals from the detention camps in North East Syria over the last two
years. It is our assessment that European States clearly have a capacity to repatriate their
nationals.
In fact, European States have the sole ability to end the detention of their nationals. The
AANES have made clear that they will not release women and children unless and until their
States repatriate them. In line with this, on the basis of RSI’s research, it is clear that not
only have the SDF acquiesced on the few occasions that European States have requested to
repatriate their nationals, but they have only ever permitted the removal of persons to, or
with the explicit consent of, their States of nationality. Therefore, responsibility squarely falls
with the States of nationality as the only authorities to whom the SDF will respond and that
can bring an end to the arbitrary detention and gross mistreatment of their nationals.
European States are currently engaged in the same exercise of seeking to put detainees
beyond the reach of courts and legal remedies as the United States authorities attempted
with the Guantanamo Bay detainees. That bad faith attempt to avoid scrutiny by the United
States was roundly decried in Europe, but it is being re-enacted for European citizens on
Europe’s doorstep in Syria. Counter-terrorism and security experts warn that, just as
Guantanamo Bay has become synonymous with the worst excesses of the war on terror and
a potent recruiting tool for terrorists in the past two decades, the detention of women and
children in the camps in North East Syria risks developing into a long-running human rights
disaster, a site of dangerous radicalisation to violence, and a symbol of European hypocrisy
and violence which fuels the next generation of ISIL inspired terrorism. As one senior United
States counter-terrorism official told RSI:
‘I think the question is do you deal with it now or do you wait until the situation
is far worse. I think any national security professional would tell you that
the situation on the ground is propitious for radicalisation. It’s a situation
where people are ripe for further recruiting by terrorist organisations. This is
especially true for their children …’
5
RIGHTS & SECURITY INTERNATIONAL
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