Everyone thinks of something and I would like it, but it is not easy at all. I mean to find something from the women that the Netherlands picked up from Syria. I prefer to understand the legal consequences of family relations between women, men and children. But this is complicated.
First, the relationship between a woman and a man. The Council of Ministers has now repatriated the women so that they can be tried here. Once, in a press release, they are identified as independent suspects. “Twelve Dutch women suspected of terrorist crimes and their 28 children arrived in the Netherlands late last night.” Then they are called ISIS women everywhere, a vague description. “Twelve Dutch ISIS Women and 28 Children”.
In addition, you see them regularly appearing in messages as “the wives of ISIS fighters.” No political conviction lies behind that wonderful woman of description, de Volkskrant do it, telegraph, and NOS. And there’s a good reason for that. The women traveled to the Middle East to marry a fighter: they lived their lives as wives.
“Of course you hear often that they have a local role,” journalist Brenda Stutter-Boscolo said of the matter in February. in 1. “And it’s true: they took care of the men, and they had children.” But she immediately added, in this domestic role, women simultaneously supported the system that made terror possible.
In addition, they sometimes worked independently, for example within the Commission for the Promotion of Virtue and the Prevention of Vice. Stutter Boscolo, who has written a book on the fate of the Yazidis, said that women also facilitated slavery, especially sexual slavery, to which Yazidis were victims. In short, home life and terror merged.
In the case against Samir A, the judge said the same thing this summer. a. He himself confirmed that he sent money to women in the Syrian camps for humanitarian reasons only. According to the court, it was learned that some of them are on the national terrorism sanctions list. By sending the money, which was a criminal offence, he deliberately risked that money ending up in the hands of the Islamic State through them. He was sentenced to two and a half years in prison for financing terrorism.
Good. It is therefore very difficult to distinguish between the role of a woman and her role as a wife. But when the kids come into the picture, things get really complicated. In some reports, women suspected of terrorist acts are referred to as mothers, which of course they are. “The mothers have been handed over to the relevant judicial authorities,” the French Foreign Ministry wrote when France repatriated children and women this summer.
Then it is only for the children to return home. According to a UN panel, France would have violated the rights of French children in the Syrian camps if it had not picked them up. Children who had no role in terrorism are being rescued from the horrors in Syria. Their mothers are allowed to accompany them and deliver them to court.
Thus a woman is sometimes a wife, and sometimes a mother. If a woman who has been returned to the Netherlands is deemed unwanted by the Secretary of State, this decision must be taken by the Council of State, as she is a mother. Her children go to school in the Netherlands and their interests must be taken into account.
Fortunately, and because I want to know something about it, Megan Ingram wrote last year’s thesis, which was awarded the Yap Dweik Child Rights Thesis Award, about children of ISIS fighters in Syrian camps. It convincingly illustrates the lack of rights for those children with whom everyone coexists. Governments weigh their rights against national security, and the law does not know whether the rights of European children apply in Syria: the case is “morally troubling, politically toxic, and legally opaque.”
Even the repatriation of children ordered by the United Nations commission has become obsolete as an option, Ingram explains in a recent blog. Crossed by European Court ruling. She believes that a European country has no jurisdiction over children. Ingram concludes, “European countries associated with children of Islamic State fighters are not legally responsible for ensuring their rights as they are now.”
It seems the children should only hope that their mother will be chosen as a wife and be able to attend. Like I said, tough stuff. But I like it now.
Maxim February Lawyer and writer www.maximfebruari.nl.
A version of this article also appeared in The November 5, 2022