repatriation of foreign fighters and their families from conflict zones is the only international law-compliant response to the increasingly complex and precarious human rights, humanitarian and security situation faced by those women, men and children who are detained in inhumane conditions”.41 24. The thousands of children associated with alleged ‘foreign fighters’ who are currently detained in Syria and Iraq live in dire conditions and are unable to access basic rights and services, which impacts on their right to a nationality, legal identity, and immediate birth registration.42 Research has found that there is a risk of statelessness among children associated with alleged ‘foreign fighters’, particularly related with three key factors: the lack of documentation or lack of recognition of documents issued by non-State actors, barriers to establishing nationality through family links, and derivative deprivation of nationality – all of which have been noted in cases concerning children that have a link to the Netherlands.43 These risks are exacerbated by the fact that children’s right to a nationality, the primacy of the best interests of the child, and the principle of nondiscrimination are not adequately considered in States’ policies and practices of citizenship stripping in relation to children associated with alleged ‘foreign fighters’. 25. Under international law, States are required to introduce legal safeguards to ensure that deprivation of nationality does not impact on family members or dependents. States must also ensure that deprivation of nationality does not lead to statelessness, and should therefore conduct a full determination of whether deprivation would result in statelessness prior to depriving a person of their nationality.44 In this assessment, States should also take into consideration the impact on the individual’s right to respect for private and family life and the best interests of their children. 45 Any children born subsequent to a deprivation order against their parents taking effect may therefore be at risk of statelessness.46 41 Position of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism: Consultation meeting with Experts on the return of “Foreign Fighters” and their families to Europe organised by the Council of Europe Commissioner for Human Rights (2019), p. 2. 42 UN Office of the High Commissioner for Human Rights, ‘Syria: UN experts urge 57 States to repatriate women and children from squalid camps’ (8 February 2021), https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26730 43 Dr Rachel Pougnet (University of Bristol) and the European Network on Statelessness, ‘Risks of childhood statelessness for the children associated with alleged ‘foreign fighters’ detained in Syria and Iraq (2021)’, http://www.bristol.ac.uk/medialibrary/sites/policybristol/briefings-and-reports-pdfs/2021/PolicyBristol_Report67_Pougnet_childhood-statelessness-risks.pdf. See also Professor René DeGroot (Professor emeritus, Maastricht University), Philomène Franssen (Independent consultant), Alison Harvey (Barrister at No5 Chambers) and Dr Rachel Pougnet (University of Bristol), ‘Expert opinion: How the Netherlands, France and the UK are leaving children stranded at risk of statelessness in Iraq and Syria’ (2021), https://www.statelessness.eu/updates/blog/expert-opinion-how-netherlands-france-and-uk-are-leaving-children-strandedrisk. 44 Principles on Deprivation of Nationality as a National Security Measure (2020), Principle 5. 45 ibid, Principles 9.6 & 9.7. 46 Dr Rachel Pougnet (University of Bristol) and the European Network on Statelessness, ‘Risks of childhood statelessness for the children associated with alleged ‘foreign fighters’ detained in Syria and Iraq (2021)’, http://www.bristol.ac.uk/medialibrary/sites/policybristol/briefings-and-reports-pdfs/2021/PolicyBristol_Report67_Pougnet_childhood-statelessness-risks.pdf. See also Professor René DeGroot (Professor emeritus, Maastricht University), Philomène Franssen (Independent consultant), Alison Harvey (Barrister at No5 Chambers) and Dr Rachel Pougnet (University of Bristol), ‘Expert opinion: How the Netherlands, France and the UK are leaving children stranded at risk of statelessness in Iraq and Syria’ (2021), https://www.statelessness.eu/updates/blog/expert-opinion-how-netherlands-france-and-uk-are-leaving-children-strandedrisk. 8