European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria duty to actively repatriate, rehabilitate, and reintegrate the children,465 without discrimination on the basis of their age or degree of involvement in the conflict.466 States should follow a whole-of-government approach to provide timely and appropriate reintegration and rehabilitation assistance to children associated with individuals believed to be affiliated with ISIS returning or relocating from conflict zones.467 This includes access to age and gender appropriate services, including mental health and psychosocial support, education, legal assistance, and working with communities to avoid the stigmatization of these children and facilitate their return, 468 in a manner that addresses their developmental needs, their degree of indoctrination, and the numerous different roles they might have played when affiliated with ISIS.469 Children’s best interests require prioritization of rehabilitation and reintegration in any contact they have with the law. 470 The camps in northeast Syria do not represent an environment where children can rehabilitate and recover in accordance with their best interests. The denial of repatriation is contrary to normative approaches to child victims of armed conflict.471 Consistent with their obligations to ensure that their child nationals have access to specialized and quality reintegration, recovery and rehabilitation services, European States must repatriate them to their country of nationality. 465 PACE, “Resolution 2321” (2020), para. 6. 466 Ibid, para. 8(2). 467 UNSC, “Resolution 2396” (2017), para. 31. 468 Ibid, p. 3 and para. 31; UNSC, “Resolution 2427,” (2018), para. 26; UNSG, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of Women and Children with Links to United Nations listed Terrorist Groups,” p. 6. 469 UNSC, “Resolution 2396,” (2017), para. 31. 470 UNSG, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of Women and Children with Links to United Nations listed Terrorist Groups,” p. 7. 471 Conrad Nyamutata, “Young Terrorists or Child Soldiers? ISIS Children, International Law and Victimhood,” 2020, p. 241. 79

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