European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria one-third of the children eulogized by ISIS as “martyrs” were not from Syria or Iraq.450 Notably, the conscription and enlisting of children as “child soldiers” are offenses which are recognized in international criminal law as being “continuous in nature” due to the severe long-term consequences of having witnessed or experienced acts of violence. 451 Thus, arguably, adults who were “child soldiers” do not lose their victim status once they reach adulthood452 and the fact that child soldiers are no longer under the custody of ISIS should not relieve them of their victim status.453 Although some of the ISIS-affiliated children showed commitment to the causes of the group, the role of grooming, manipulation, and coercion cannot be ignored. Infants, in particular, had no choice in being born into ISIS. Importantly, while some former ISIS-affiliated children are now over the age of 18, the fact that they joined ISIS as children is key. Regardless of their age and gender, children were conscripted and enlisted to participate in various ISIS activities that rendered them potential targets.454 Among European States, there is no consistent approach to how children formerly affiliated with ISIS, or perceived to be so, should be treated. In general, they have been regarded as young terrorists that would threaten public safety if repatriated (see Section I.B. and C. above). However, children in the camps should be considered children associated with armed groups or, if appropriate, child soldiers. Thus, they should be treated primarily as victims of violations of international law455 and/or victims of terrorism.456 European States could not protect the children from being recruited by ISIS before their departure from Europe457 and, now, the children in the camps are at continuous risk of indoctrination, which may lead to their recruitment to Mia Bloom, John Horgan and Charlie Winter, “Depictions of Children and Youth in the Islamic State’s Martyrdom Propaganda,” CTC Sentinel, 2020, Volume 9, Issue 2, p. 30. 451 ICC, “Prosecutor v. Thomas Lubanga Dyilo,” Judgment pursuant to Article 74 of the Statute, ICC-01/0401/06-2842, T.Ch. I, 5 April 2012, para. 618. 452 Conrad Nyamutata, “Young Terrorists or Child Soldiers? ISIS Children, International Law and Victimhood,” pp. 253-257. 453 Ibid, pp. 257-258. 454 See: ICCt, “Prosecutor v. Thomas Lubanga Dyilo,” Judgment pursuant to Article 74 of the Statute, ICC01/04-01/06-2842, T.Ch. I, 5 April 2012, para. 628. 455 See: UNSC, “Resolution 2427,” (2018), para. 20. 456 UNSC, “Resolution 2396,” (2017), para. 31. 457 Children’s Rights Ombudspersons (Belgium), “Recommendations From the Children’s Rights Ombudspersons of Belgium to Deal with the Children Returning in Belgium from Jihadist Zones,” no date, p. 6. 450 77