146 C. SANDELOWSKY-BOSMAN AND T. LIEFAARD In order to return by their own means, they will need a passport.41 To be considered for a passport, the child will have to prove that he or she is Dutch. If Dutch nationality was obtained via the father, then it is important that (1) he is father by virtue of a statutory provision (for example as the spouse of the mother); or (2) that he has acknowledged the child.42 It is not certain whether fathers in former ISIS-territories – have a marriage certificate, birth certificate and/or document acknowledging paternity that can be produced as evidence for their children. If Dutch nationality was acquired via the mother, the mother must be able to produce a birth certificate. These documents must be sent from the Netherlands or – if the documents do not already exist – be drawn up locally —generally in areas where there appears to be no infrastructure for government services. Further, if documents can be prepared in Syria, Turkey and Iraq, then their value as evidence is possibly open to doubt.43 A DNA test may have to be carried out to prove the parentage of the Dutch parent.44 It is uncertain whether local hospitals could or would even want to cooperate, since the group of children at stake is associated with a violent former occupier. In the case of orphans, it seems that without assistance from adults it is practically impossible for them to find their way through this maze of official rules and formalities. In conclusion, strictly speaking it is not impossible that those children born in Syria, Turkey and Iraq may be able to prove their nationality. However, without assistance from the Dutch authorities in supplying proof, reporting to consular services (in the surrounding countries), as far as that is in itself possible, does not seem to be worthwhile. It also appears to be unlikely, therefore, that these Dutch children can return to the Netherlands through their own means and without a passport.45 3. The Extraterritorial Application of the UNCRC 3.1. Various perspectives on jurisdiction Reports make it clear that the dignity and rights of children currently staying in Syria are being seriously compromised.46 As in Iraq and Turkey, the right most clearly compromised in Syria is the right to life, survival and development (UNCRC, art 6). The right 41 Regulation (EU) 2016/399 of the European Parliament and the Council of 9 March 2016 regarding a Union Code for crossing borders by persons (Schengen Borders Code) art 8(2). 42 De Groot (n 35) art 3 RWN, 1.6. 43 Ibid. art 3 RWN, 1.5, refers in a general context to problems that can arise in relation to the evidentiary value of foreign documents. 44 NCTV and AIVD (n 24) 6. 45 The establishment of identity (normally by inspection of a person’s passport) is a fixed element of the process persons are subjected to who want to enter the Schengen area (Schengen Borders Code, art 8(2)). 46 The Child Justice Advocacy Group argues that 240 children died in camp Al-Hol due to inadequate medical and humanitarian care: The Child Justice Advocacy Group (n 11) and Sergio Pinheiro (n 31). On 11 September 2019, the UN Commission of Inquiry on the Syrian Arab Republic reported at least 390 preventable deaths of children, due to malnutrition or untreated infected wounds: see UN Commission of Inquiry on Syria, ‘Escalating Violence and Waves of Displacement Continue to Torment Civilians during Eighth Year of Syrian Conflict’ (UNHRC website, n.d.) <www.ohchr.org/EN/ HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24972&LangID=E> accessed 13 May 2020. See also ‘Syria: Women and Children Suffer Amid Poor Conditions in Al Hol Camp’ (Doctors Without Borders, 16 May 2019) <www. doctorswithoutborders.org/what-we-do/news-stories/news/syria-women-and-children-suffer-amid-poor-conditions-alhol-camp> accessed 14 May 2020; ‘Data Analyzed by the IRC Reveals Staggering Health and Humanitarian Needs of Children in Al-Hol Camp, Northeast Syria – Urging Repatriation of Foreign Children’ (International Rescue Committee, 16 September 2019) <https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24972&LangID=E> accessed 13 May 2020.