International Legal Issues Arising from Repatriation of the Children of Islamic State

Abstract

The detention of children of Islamic State within Kurdish-controlled camps in Syria presents a complex dilemma for national authorities and the international community. Although a small number of states have repatriated their nationals, overall, little progress has been made and thousands of children continue to languish in deplorable conditions. Resolution has been urged from both humanitarian and international security perspectives, but Western states, in particular, have sought to avoid responsibility, often using legal mechanisms to impede repatriation efforts. This article asks whether international legal frameworks can provide a route to resolution. It argues that by centralizing the international law and policy on children's rights, repatriation becomes the priority rather than domestic political and security objectives. Conceptual light is shed on the ways in which international human rights law standards can be mobilized for the protection of conflict-affected children as individual rights holders.