International legal issues arising from repatriation of the children of Islamic State

Bagheri, S. ORCID: https://orcid.org/0000-0002-9398-8067 and Bisset, A. ORCID: https://orcid.org/0000-0001-5421-3827 (2022) International legal issues arising from repatriation of the children of Islamic State. Journal of Conflict and Security Law, 27 (3). pp. 363-385. ISSN 1467-7954 doi: 10.1093/jcsl/krac013

Abstract/Summary

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 paper asks whether international legal frameworks can provide a route to resolution. It argues that by centralising 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.

Item Type	Article
URI	https://reading-pure-test.eprints-hosting.org/id/eprint/104442
Identification Number/DOI	10.1093/jcsl/krac013
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law Central Services
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