A Lost Generation: Children Detained in Al-Hol and Their Repatriation under International Law

Kendall Mead

Jump to Content

Chapter 4 A Lost Generation: Children Detained in Al-Hol and Their Repatriation under International Law

In: New Zealand Yearbook of International Law

Author:

Kendall Mead

Kendall Mead
Search for other papers by Kendall Mead in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 133–170

DOI:: https://doi.org/10.1163/9789004699663_005

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

The 2019 territorial defeat of the Islamic State of Iraq and Syria in Baghuz resulted in the detention of thousands of third-country nationals. Approximately 7,000 of these detainees were children, detained on the basis of a perceived association with the terrorist organisation. Despite the AANES (Autonomous Administration of North and East Syria) continuously urging foreign governments to repatriate their nationals, states resisted. Governments alleged that these children were not the responsibility of the state. This chapter considers whether foreign states have obligations under human rights treaties on the basis that the detained children, though outside the territory of their putative state of nationality, nonetheless fall within the state’s jurisdiction. Once this application of jurisdiction was shown to exist, it was then necessary to determine whether applicable obligations under the relevant treaties extended to a positive obligation to repatriate the detained children. Ultimately, the conclusion reached is that the Convention on the Rights of the Child, in combination with the protection and respect owed to children in armed conflict under the Optional Protocol, form an obligation to proactively repatriate the detained children. The approach taken highlights that the current restrictive interpretations of international instruments by states have left child detainees and their protection as an afterthought, excusing human rights imperatives by reason of outdated state sovereignty ideal.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004699663/BP000005.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

New Zealand Yearbook of International Law

Volume 20, 2022

Series: New Zealand Yearbook of International Law, Volume: 20

Cover New Zealand Yearbook of International Law

E-Book ISBN:: 9789004699663

Publisher:: Brill | Nijhoff

Print Publication Date:: 23 Nov 2024

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
  - Refugee Law
- International Law
  - International Law: General Interest
  - International Law: Regional Perspectives

Front Matter

Part 1 Articles and Commentaries

Part 2 The South Pacific

Part 3 The Year in Review

Part 4 New Zealand State Conduct

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	441	339	98
Full Text Views	6	2	0
PDF Views & Downloads	11	3	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 4 A Lost Generation: Children Detained in Al-Hol and Their Repatriation under International Law

Abstract

Citation Info

Share link with colleague or librarian

New Zealand Yearbook of International Law

Volume 20, 2022

Table of Contents

Metrics

Metrics