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This chapter addresses the failure of some Western States to timely repatriate, if at all, their child nationals held in life threatening conditions of detention abroad. The legal basis in international humanitarian and human rights law for extraterritorial jurisdiction in consent-based humanitarian intervention to rescue these children is discussed. Cases concerning ISIL-connected children being detained abroad are analyzed that (a) have been heard by different human rights international bodies and (b) involve the child nationals of certain Western States. Those cases include (a) P.N., K.K. and O.M. (on behalf of S.N. et al.) v Finland (Committee on the Rights of the Child) and (b) H.F. et al. v France and J.D. and A.D. v France, (European Court of Human Rights, Grand Chamber). The failure to repatriate the ISIL-connected conflict-involved or conflict affected children is also discussed in terms of a failure to acknowledge and affirm these children’s right to special protection under jus cogens international humanitarian law, namely Additional Protocol I to the 1949 Geneva Conventions.

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The State Imposing Jurisdictional Limits on Parens Patriae Obligations to Its Child Nationals

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  • 发表日期：

    2025年

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  • Sonja Grover

摘要

This chapter addresses the failure of some Western States to timely repatriate, if at all, their child nationals held in life threatening conditions of detention abroad. The legal basis in international humanitarian and human rights law for extraterritorial jurisdiction in consent-based humanitarian intervention to rescue these children is discussed. Cases concerning ISIL-connected children being detained abroad are analyzed that (a) have been heard by different human rights international bodies and (b) involve the child nationals of certain Western States. Those cases include (a) P.N., K.K. and O.M. (on behalf of S.N. et al.) v Finland (Committee on the Rights of the Child) and (b) H.F. et al. v France and J.D. and A.D. v France, (European Court of Human Rights, Grand Chamber). The failure to repatriate the ISIL-connected conflict-involved or conflict affected children is also discussed in terms of a failure to acknowledge and affirm these children’s right to special protection under jus cogens international humanitarian law, namely Additional Protocol I to the 1949 Geneva Conventions.