European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria i. Domestic Law The scope of consular obligations owed to citizens under domestic laws varies across Europe, but consular access is typically granted at the discretion of the national authorities. 314 While some European States explicitly refuse to recognize the existence of a right to receive consular assistance in their consular laws, 315 some do grant their own nationals the right to consular assistance, in one form or another, as a constitutional right, or in their foreign policies for nationals detained abroad.316 Notably, when States—in their domestic legislation—grant their nationals the right to receive consular assistance , this may also produce consequential obligations under international law. That is, States’ consular laws and their implementation should respect the principles of non-discrimination, the best interest of the child, the principle of international co-operation in combating terrorism,317 the obligation to investigate/prosecute terrorist offenses,318 and the obligation to distinguish foreign fighters from their accompanying family members.319 In this regard, international law provides specific norms for the consular assistance provided to children. The Vienna Convention on Diplomatic and Consular Relations (“VCCR”) recognizes that consular functions include safeguarding the interests of children who are nationals of the sending State.320 The UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (“CMW”), and the CommRC have also stressed that children should be guaranteed the right to have effective access to communication with consular officials and consular assistance, and emphasized States’ obligation to develop and implement effective consular protection policies, including specific measures directed Rights Watch UK, “European Women and Children in Syria – Factual and Legal Briefing”, 7 November 2019, para. 9. 315 For example Switzerland, see: Swiss Federal Law on Swiss Persons Abroad of 26 September 2014, Article 43(1). 316 For example Germany, see: German Law on Consular Officers, Their Functions and Powers of 11 September 1974, Articles 5(1) and 7. Also see: UN Special Rapporteur on extrajudicial, summary or arbitrary executions, “Report on the Application of the Death Penalty to Foreign Nationals and the Provision of Consular Assistance by the Home State,” A/74/318, 20 August 2019, para. 44. 317 UNSC, “Resolution 2178 (2014) on Threats to International Peace and Security Caused by Foreign Terrorist Fighters”, S/RES/2178 (2014), 24 September 2014, para. 11-14. 318 PACE, “Withdrawing Nationality as a Measure to Combat Terrorism: A Human-Rights Compatible Approach?”, Parliamentary Assembly Resolution 2263 (2019), para. 8. 319 UNSC, “Resolution 2396 (2017) on Threats to International Peace and Security Caused by Terrorist Acts”, S/RES/2396, 21 December 2017, para. 4. 320 UN, “Vienna Convention on Consular Relations,” 24 April 1963, Article 5(a). 314 56