The Belgian State is not obliged to repatriate children of IS fighters

The Belgian state is not obliged to repatriate six children of two fighters of the terrorist organization Islamic State (IS), decided on Thursday the Judge of Brussels. The two mothers and their children are currently in a Kurdish camp. According to their lawyer Walter Damen, however, it is feared that the two women and their offspring will soon be sent back to an IS-controlled area. The Belgian state could have the moral duty to repatriate them, but this duty is not legally binding because these refugee camps do not fall under the Belgian jurisdiction, estimates the judge.

The two widows of soldiers of the EI and their children had already been evacuated from Syria in 2013. After giving birth in Antwerp, the two women had returned to Syria with their children. In March 2018, the Antwerp Criminal Court sentenced them to prison terms of up to five years. The two mothers have since given birth to a new baby, bringing the total to six children aged 5 to two months. "It's definitely not about radicalized youth," said Damen.

"Children who have Belgian nationality"

"These are children who have Belgian nationality, Belgium has to repatriate them, the Minister of Justice has even declared that this is our State Security also points to the risk of these women and children being returned to an IS-controlled area. " For his part, the magistrate found that " on the basis of the Convention on the Rights of the Child, the Belgian State undoubtedly has the moral duty to care for the minor children of combatants in Syria who are in refugee camps in combat zone, but this moral duty does not seem not legally binding because these camps do not fall under Belgian jurisdiction. " Mothers can not invoke the European Convention on Human Rights (ECHR) to demand their repatriation, the judge said. The fact that they and their children have Belgian nationality does not change that.

Not a binding legal basis for the Belgian Government

In addition, the declarations of the Minister of Justice do not constitute a basis binding on the Belgian government, according to the court. "The decision of the Council of Ministers is only a political declaration, an intention which does not create any subjective right to repatriation.The Belgian State stresses that significant obstacles remain before it can facilitate a return. No procedure is on track but the government departments would work there. " The mothers have also not shown signs that their children would be in danger, the magistrate said. The latter also motivates his decision by stating that the only evidence on this subject consists of press articles, whose content is unreliable and is sometimes contradicted by other news. Mothers can still appeal.