Abstract
This article analyses the decisions of Belgian and Dutch courts
concerning the repatriation of the family members of foreign fighters who
are now detained in dire conditions in North-East Syria. The article shows
that, under international law, these women and children have no individual
right to be repatriated by their State of nationality, based on either consular
assistance, the extraterritorial applicability of human rights treaties, or the
right of return to one’s own country. Nonetheless there are good reasons
why States should exercise their prerogative to repatriate.
concerning the repatriation of the family members of foreign fighters who
are now detained in dire conditions in North-East Syria. The article shows
that, under international law, these women and children have no individual
right to be repatriated by their State of nationality, based on either consular
assistance, the extraterritorial applicability of human rights treaties, or the
right of return to one’s own country. Nonetheless there are good reasons
why States should exercise their prerogative to repatriate.
| Original language | English |
|---|---|
| Pages (from-to) | 251-265 |
| Number of pages | 15 |
| Journal | International and Comparative Law Quarterly |
| Volume | 70 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 26 Jan 2021 |
| Externally published | Yes |
Keywords
- human rights
- foreign fighters
- ISIS
- Syria
- consular assistance
- extraterritorial jurisdiction
- repatriation
- nationality
- return