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.
Spadaro, A. (2021, January 1). Repatriation of family members of foreign fighters: individual right or state prerogative? International and Comparative Law Quarterly. Cambridge University Press. https://doi.org/10.1017/S0020589320000421