European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria Executive Summary Since the territorial collapse of ISIS in 2019, thousands of women and children believed to be affiliated with ISIS have been held in makeshift detention camps in northeast Syria, under inhumane and life-threatening conditions. An estimated 1,000 European women and children are currently detained in the camps—the vast majority of whom (more than 640)— are children. France, Belgium, Germany, the Netherlands, Sweden, and the UK are among the major European countries of origin for these detainees. An increasing number of voices— including the United Nations Security Council, the European Union, the Council of Europe as well as other actors ranging from security experts and child protection agencies to relatives of the women and children—have been calling on European States to repatriate their child nationals from the camps. The de facto administrator of the detention camps, the Autonomous Administration of North East Syria, and its military branch, the Syrian Democratic Forces, have also repeatedly requested States to repatriate their nationals, insisting on repatriation of children together “with mothers.”1 Despite repeated calls from national and international actors, European States have invoked legal arguments, logistical difficulties, and security concerns to systematically refuse to repatriate the children. European States have objected in particular to repatriating children together with their primary caregivers. Only a few children have been repatriated to date. Most of the repatriated children were orphans or otherwise unaccompanied children who had proven nationality, were very young, or had particularly acute medical needs. European States have generally addressed the problem on a case-by-case basis, using unclear and nontransparent criteria for determining who is repatriated. This haphazard approach has created an ambiguous and arbitrary delineation of children who somehow “deserve” to be repatriated and those who are left behind. A rights-driven approach is needed. The repatriation of children together with their primary caregivers is contingent on the support of their countries of nationality. Considering the dire situation in the camps, it is effectively impossible for children in those camps to obtain, retain, or prove their European nationality. If European States do not provide assistance to their nationals, there is, in practice, no way for children, to get travel 1 Autonomous Administration of North East Syria, 18 March 2021, “Press Release”. 4