The Committee on the Rights of the Child (CRC) considered that Paris has responsibilities towards the children of French jihadists detained in Syria as France doesn't take the necessary measures to protect them while they face great risks.
In a statement, the CRC said that France, contrary to what it asserts, "exercises guardianship over these children." Consequently, it must ensure that they are being treated and protected in accordance with the international treaties it has signed.
The CRC added that more than 200 children are detained in camps in north-eastern Syria. They are facing appalling conditions and they are exposed to immediate dangers. It noted the risk of irreparable harm to their lives, physical and mental integrity, and development, according to the statement.
France, due to its relations with the local Kurdish authorities, "is able to protect the rights of these children by returning them to France or taking other protective measures."
Lawyers for the families of 10 French children detained in Syria had submitted requests to the CRC in 2019, protesting France's refusal to acknowledge any responsibility for them and demanding their return.
Lawyers for two families, Marc Bailey, and Martin Bradel have told Agence France-Presse (AFP) their satisfaction at their admission that France "has jurisdiction over these children illegally detained" in northeastern Syria. The two lawyers added that this proves that "the international treaty on the rights of the child is binding on France" in this region. They considered that this decision "will force France to take a courageous decision" and return the children to the country.
The lawyers hope that the European Court of Human Rights will adopt this position after the families also submitted the file to it. It is hoped, through the court's indictment of France, that Paris will bring the children back to the country.
There are 150 adults who joined ISIS, and more than 200 children are being held in Syria.
Since the military defeat of ISIS in 2019, France has so far refused the mass returns, following a policy of "examining each case separately." Paris has so far returned 28 children, especially orphans, and a number of children whose French mothers have agreed to separate from them.
Paris believes that it does not have the authority to judge adults who, in its opinion, should be tried in Iraq and Syria.
In early 2019, Paris was intending to carry out a major operation to repatriate adults and children, as revealed by a document from the General Directorate for Internal Security published by Libération newspaper. But the Élysée abandoned this idea, according to sources close to the file, after opinion polls revealed that public opinion strongly opposes it.
Some families are preparing to spend the third bitter winter in northeastern Syria. In the winter of 2018-2019, at least 29 children died due to the cold in Al-Hawl refugee camp, one of the three camps where foreigners are being held, according to the World Health Organization (WHO)