Court rules Netherlands not obliged to repatriate Daesh children

The Hague-based appeals court says Dutch state is not obliged to take back children of the women who left the country for Syria to join Daesh group.

Children look through holes in a tent at Al Hol displacement camp in Hasaka governorate, Syria on April 2, 2019.
Reuters

Children look through holes in a tent at Al Hol displacement camp in Hasaka governorate, Syria on April 2, 2019.

The Dutch state is not obliged to actively help repatriate the young children of women who left the Netherlands and joined Daesh in Syria, an appeals court in The Hague said on Friday, overturning an earlier ruling.

A lower court earlier this month had said the government must actively help repatriate 56 children living in poor conditions in camps in Syria.

All the children have Dutch nationality and are under 12 years old. Most are younger than six.

The government appealed the lower court ruling, citing national security and the risks it said Dutch officials would face by going into the camps to find the women and children.

It said the ruling would negatively impact Dutch foreign policy and international cooperation.

Women, children suffer in Syria camps

The women and children concerned are living in very poor conditions which could rapidly deteriorate as winter arrives in the Al Hol camp in northeastern Syria, their lawyer Andre Seebregts told the court.

In total, around 68,000 defeated fighters of Daesh and their families are being held in the camp, according to the Red Cross. They are under the custody of SDF militants after they took the Daesh group's last enclave.

Government figures show that, as of October, some 55 Daesh militants still based in northern Syria had travelled there from the Netherlands. 

There were also at least 90 children with Dutch parents or parents who had lived for a considerable time in the Netherlands.

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