Beyond the Barbed Wire Due to ISIS: Experiences of Children of Third-Country Nationals in North-East Syria Detention Camps – An Analysis Informed by a Self-Witness
Beyond the Barbed Wire Due to ISIS: Experiences of Children of Third-Country Nationals in North-East Syria Detention Camps – An Analysis Informed by a Self-Witness
By Tahir Ali Shah
From 2013 to 2019, the so-called Islamic State
(ISIS) attracted tens of thousands of foreign recruits worldwide. By late 2015,
an estimated 30,000 foreign fighters from over 85 countries had traveled
to Syria and Iraq to join ISIS. Most came from the
Middle East and North Africa, but significant numbers also came from Europe,
North America, Central Asia and Southeast Asia Link. Motivations varied, ISIS’s
aggressive online propaganda portrayed an idealized “caliphate,” promising
ideological fulfillment, community belonging and adventure. Many recruits were
driven by extremist ideology or sectarian grievances, while others cited
personal or social reasons. Some were attracted by war spoils or the status of
joining a rising movement, whereas others responded to peer networks or
perceived state failure. Interestingly, people from other countries weren't
just hired because their home countries were poor. A surprisingly large number
of these workers came from richer countries.
The foreign fighters presented a global challenge.
U.N. Security Council resolutions 2178 of 2014 and 2396 of 2017) and numerous
intelligence studies warned of the “army-in-waiting” risk posed by returning ISIS members.
Indeed, some ISIS veterans (e.g. Abdelhamid Abaaoud of the 2015 Paris attacks)
returned to their home countries and mounted terrorist plots. As ISIS lost
territory from late 2017 through 2019 (e.g. Raqqa, Hajin), armies fighting ISIS
(primarily the U.S.-supported Syrian Democratic Forces, SDF) captured tens of
thousands of families of foreign fighters, namely foreign women and children, along
with the fighters themselves. Men of fighting age were generally separated into
prisons, while women and children were held in makeshift camps under SDF control. These
foreigners, often called “Third Country Nationals” (TCNs), now number in the
tens of thousands in North-East NE Syria.
Third Country Nationals in NE Syria:
Countries of Origin and Numbers
TCNs held in Northeast Syria come from at least
57 countries, spanning all inhabited continents Link.
They include nationals of Afghanistan, Bangladesh, Egypt, Germany, India, Iran,
Nigeria, Russia, Türkiye, the UK, the USA, and many others (see list in the
Special Rapporteur’s report here. U.N. experts and NGOs
commonly cite over 57 countries of origin, and media accounts similarly note
ISIS families from Europe, Asia, Africa and the Americas. The diversity of
nationalities has raised diplomatic challenges for repatriation.
Third Country Nationals (TCNs) in
Northeast Syria Camps & Prisons (Early 2025 - Midpoint Estimates)
Category
/ Location |
Estimated
Number (Mid-point Average) |
Notes
& Further Breakdown |
I.
Al-Hol & Roj Camps |
~11,500 |
This
represents the foreign national population within the two main camps,
primarily in the "Annex" section of Al-Hol and Roj Camp. |
Women
(TCNs in Camps) |
~4,000 |
Adult
female relatives of alleged ISIS members. |
Children
(TCNs in Camps) <18 |
~7,500 |
The
largest demographic. Many are under 12; a significant number were born in the
camps. Comprises both boys and girls. (Precise boy/girl split not available). |
Men
(TCNs in Camps) |
~50 |
Very
few adult foreign men are held in the main sections of Al-Hol and Roj camps.
Any adult males here are typically Syrian or Iraqi. This is a very small
indicative number. |
II.
SDF Detention Facilities / Prisons (TCNs Only) |
~2,550 |
This
specifically refers to foreign national males detained for alleged ISIS
affiliation. |
Men
(TCNs in Prisons) |
~2,550 |
Adult
foreign males alleged to be ISIS fighters. Held in high-security prisons
separate from the camps. |
Boys
(Adolescent TCNs in Juvenile Detention) |
~200 |
Older
boys (typically 12-18) who are separated from their mothers in camps and held
in specialized juvenile detention/rehabilitation centers. Some may later be
moved to prisons. |
III.
Total TCNs Across All Facilities |
~14,000 |
This
is the approximate total number of Third Country Nationals across both the
camps (women & children) and the prisons (men & older boys). |
By nationality, Iraq has repatriated the largest
number of its nationals (nearly 2,850 children returned), hrw.org. Beyond Iraq, about 35
other governments have accepted only about 1,600 foreign children to
date, hrw.org. High-profile examples
of repatriations include Central Asian and Balkan states: e.g. Kazakhstan,
Tajikistan, Uzbekistan, Kosovo, Albania and Kyrgyzstan have each flown back
dozens or hundreds of women and children over the past few years, icct.nl. Western nations have
been slower; for instance, Canada has repatriated only a handful of children,
and countries like the UK and France long resisted full-scale returns (though
some children have eventually been brought back). On the other hand, some governments
stripped citizenship or refused to acknowledge these nationals, effectively
leaving them in legal limbo (this statelessness issue is discussed below).
Detention Conditions and Camp Locations
The majority of TCNs are held in large camps
in Syria’s northeast, under the authority of the Autonomous Administration of
North and East Syria (AANES), backed by the Kurdish-led SDF. The main camps are
al-Hol (Hasakah governorate) and Roj (near Qamishli). Smaller
sites include Ain Issa and Al-Shaddadi. These facilities are often called “IDP
camps,” but on the ground they function more like open-air prisons:
detainees cannot freely leave or re-enter, and security is tight ecoi.net. The Special
Rapporteur notes that “nomenclature of ‘camp, is entirely inappropriate to
describe what is in fact an open prison for those arbitrarily and indefinitely
detained”ecoi.net.
Women gather outside a small market shop
in the al-Hol camp since October 2019. The scene illustrates the makeshift
nature of the camp, where tent shelters and ramshackle shops serve thousands of
detained women and children. Conditions in al-Hol
are extremely harsh. The camp is severely overcrowded and was not
designed for long-term habitation SCI report. Tents and tarpaulins
offer minimal shelter from blistering summers and freezing winters. Reports
repeatedly describe dire humanitarian conditions, inadequate housing,
limited access to clean water and sanitation, insufficient food, and chronic
shortages of medicine and medical SR Technical Visit.
Save the Children warns that children in al-Hol face “violence, hardship,
deprivation and trauma…every day”. Incidents of violence (including suicide
attempts, fires, drownings and attacks by other detainees) occur frequently,
and aid workers have documented scores of preventable deaths among camp inmates
in recent years.
Repatriation of Children from Northeast
Syria (NES) Camps as of May 2025, reflecting the most
recent data available:
Country |
Est.
Citizens in NES |
Children
Returned |
Total
Repatriated |
Notable
Issues/Remarks |
Uzbekistan |
250+ |
142+ |
339 |
Largest
contributor to repatriations; ongoing efforts. The
estimated total repatriated from all countries as of 22 July 2024 |
Kazakhstan |
413+ |
188 |
719 |
Accounts
for 36% of global returns; proactive repatriation policy. Link
|
Russia |
225+ |
294 |
294 |
Active
repatriation policy; significant number of children returned. |
Kosovo |
80+ |
74+ |
242+ |
Frequent
returns; substantial repatriation efforts. |
France |
270–320 |
167 |
223 |
Increased
repatriations since 2022; political resistance remains. |
Germany |
~180 |
80 |
108 |
Majority
of willing nationals repatriated; ongoing assessments. |
Sweden |
26+
confirmed |
27 |
37 |
Repatriations
ongoing; commitment to returning nationals. |
Belgium |
44 |
32 |
45 |
Returned
children, not always caregivers; continued efforts. |
Canada |
46 |
23 |
32 |
Repatriated
10 children and 4 women in April 2023; ongoing challengesn Link
|
Denmark |
26 |
18 |
22 |
Revoked
citizenship of some mothers; legal challenges persist. |
Australia |
67 |
21 |
25 |
Political
hesitancy; legal appeals for repatriation declined Link
|
UK |
~60 |
18 |
21 |
Citizenship
stripping cases (e.g., Shamima Begum); limited repatriations Link
|
USA |
17 |
17 |
38 |
Facilitated
repatriation of own and allied nationals; active involvement. |
Health services are woefully inadequate. The Special
Rapporteur observed that “serious ill-health pervades the camp”,
especially among women and children, undermining their right to life. Many camp
residents report chronic respiratory illnesses (often linked to dust and
pollution), gastrointestinal diseases, and unaddressed injuries. Camp medical
facilities (run by NGOs and UN agencies) provide only rudimentary care;
specialized treatment requires difficult security screening and is rarely
approved. Women in al-Hol allege that they must purchase medicines out of
pocket despite having no income, forcing them to ration life-saving drugs. The
camp’s sanitation is poor, sewage often runs in open channels, and disease
outbreaks have periodically struck.
Al-Hol is divided into sections; notably, Annex 3
(often just called “the Annex”) is reserved for hundreds of foreign women and
children (mostly non-Arabic speakers) whose nationalities are not Iraqi or
Syrian. Access to Annex 3 is highly restricted, and NGOs have limited ability
to provide services there. Former detainees report that being held there feels
like “a world away” due to language barriers and extra security
controls.
By contrast, Roj camp (southwest of Qamishli)
is somewhat better organized. The Special Rapporteur noted that internal
movement in Roj is freer (no separate annex) and the camp has more order
and basic amenities (e.g. shared TV rooms). Roj’s population is smaller (tens
of thousands) and likewise majority are women and children. However, Roj still
functions as a detention facility. Housing is similarly overcrowded, and
residents still face austere living conditions. Language barriers are acute:
many Roj detainees speak only Uzbek, Uyghur, Chechen or other tongues, which
means they cannot communicate with Arabic-speaking aid workers or doctors. The
available health clinic in Roj is only basic primary care, and chronic
illnesses among detainees (e.g. high rates of asthma) go largely untreated. Schools
or child-focused programs in both camps are very limited; one report found that
children in Roj “were only allowed outside for 45 minutes of classes per week,”
with no structured curriculum.
Overall, multiple human rights monitors conclude
that living conditions in these camps meet the threshold of cruel, inhuman
or degrading treatment. The arbitrary, indefinite detention, extreme heat,
inadequate shelter, open sewage and food scarcity “meet the threshold for
torture, cruel, inhuman and degrading treatment” under international law.
Refugees International and Human Rights Watch likewise describe camps like
al-Hol as “a closed tent city of misery” and “open-air prisons” where
basic rights are denied.
Legal and Human Rights Challenges
The situation of TCNs in Northeast Syria raises
profound legal and human rights issues. Foremost is the question of indefinite
detention without due process. Most detainees have never been formally
charged or tried; they are held for years simply on the suspicion of ISIS
affiliation. This practice violates core human rights norms. The U.N. Special
Rapporteur notes that holding children indefinitely “in what appears to be a
cradle to grave cycle” breaches multiple treaties, including the Convention
on the Rights of the Child (CRC) and the International Covenant on Civil and
Political Rights (ICCPR). For example, Article 37 of the CRC prohibits unlawful
or arbitrary detention of children, and Article 9 of the ICCPR prohibits
arbitrary arrest or detention – all of which are disregarded in these camps.
The Special Rapporteur concluded that the detention regime in al-Hol and Roj is
“an absolute contravention” of non-derogable rights (such as the right
to a name, nationality, and to be treated with dignity). Likewise, Common
Article 3 of the 1949 Geneva Conventions, which applies in this
non-international armed conflict – obliges parties to treat all detainees
humanely. As the Geneva Academy legal analysis confirms, even non-state actors
like the SDF must respect basic IHL and ensure judicial guarantees.
Child protection
is especially pressing. Thousands of very young children (80% of the camp
children are under the Age of 12) are detained
alongside their mothers, but in conditions utterly unsuitable for childhood. No
effort is made to determine each child’s best interests. International law (CRC
Articles 3, 9, 37) mandates that children be protected from harm and separated only
when absolutely necessary; here, children have no judicial review or legal
status. SDF authorities have been reported to forcibly separate
adolescent boys from their mothers once they reach around age 10–12. Mothers
describe their sons being snatched at night with no legal process, causing
severe trauma. Human rights lawyers say this appears “distinctly gendered”
and unprotected by any law, Report Link. Such arbitrary
separation breaches CRC Article 9 (family unity) and could amount to enforced
disappearance. Equally, the detention of toddlers and infants born in camp
after parents joined ISIS, without alternatives, violates the principle that
detention of children should be a last resort. U.N. experts emphasize that each
child retains full human rights simply by being a child, regardless of their
parents’ actions.
Statelessness and nationality
issues are another challenge. Many TCN women had their citizenship stripped
(e.g., by the UK, Australia, Saudi Arabia, or others) due to ISIS links. They
often left behind without passports in Syria, and some countries now refuse to
even recognize them as nationals. International law does not allow states to
arbitrarily denationalize people or render them stateless. Customary IHL and
U.N. jurisprudence hold that origin states must either repatriate their
nationals for trial or facilitate extradition. Withdrawing citizenship in a way
that cannot be challenged or causes statelessness is considered
arbitrary, and the 1961 Convention on Reduction of Statelessness forbids any
measure that would leave an individual stateless. In practice, when Western
countries refuse repatriation, their nationals (especially children) become de
facto stateless, unable to access rights to nationality or return. The
Chicago Journal of Int’l Law notes that such children effectively “become de
facto stateless when countries refuse to take them back,” stripping them of
fundamental rights. This situation may violate the CRC’s Article 7 (right to a
name and nationality).
Gender-based concerns
are also significant. Women detainees face heightened vulnerabilities. Reports
from camps document instances of sexual and gender-based violence and
coercion. Human rights groups stress that international law strictly forbids
such abuse. For example, RSI and HRW have interviewed camp women who witnessed
rapes, forced marriages or exploitation in custody, though systematic data is
hard to obtain. Girls in camps have encountered physical and sexual abuse by
other detainees or guards. Pregnant women and mothers with infants, who under
U.N. standards must be treated with special care, are sometimes allegedly
confined or punished. One mother told RSI that after a camp rule violation, she
was further detained and separated from her breastfeeding infant. Denying
mothers contact with their babies as a disciplinary action blatantly violates
international norms on women prisoners. In short, SDF policies in the camps
often discriminate based on sex and religion in unlawful ways.
In sum, the NE Syria detention regime has been
characterized by U.N. experts as a system of “mass arbitrary and indefinite
detention,” in clear violation of international law. The lack of legal
processes, indefinite confinement of children, harsh camp conditions, and
reports of abuse together make the situation a grave humanitarian and human
rights emergency.
Repatriation Efforts, International
Cooperation, and Policy Landscape
A key question is how countries have responded to
this crisis. International bodies and rights groups uniformly call for urgent
repatriation of foreign nationals, especially children. The U.N. Special
Rapporteur appealed to all states of nationality to repatriate their
nationals detained in Northeast Syria. Security Council Res. 2396 (2017)
similarly urges states to bring back family members of foreign fighters for
prosecution or rehabilitation. UNICEF and Human Rights Watch have repeatedly
pleaded for accelerated returns, noting that keeping nationals abroad is not a
viable counterterrorism policy.
Despite these calls, repatriation has proceeded
unevenly. Iraq (once ISIS’s heartland) has shouldered the largest burden,
repatriating about 2,850 children to date. A few Central Asian and Balkan
states have also moved decisively. For example, Kazakhstan (2019–2020)
airlifted hundreds of citizens (primarily women and children) from Syria;
Tajikistan and Uzbekistan repatriated dozens in 2019–2021; Kosovo has brought
back over 200; Albania over 100; Kyrgyzstan dozens more. France and Germany
repatriated small numbers (dozens of children each) and legal frameworks in
those countries are now being reviewed to allow more returns. In contrast, many
Western democracies were initially reluctant. For instance, Canada took only four
children back by 2022, and only agreed to a few more after public pressure. The
U.S. repatriated some refugees (e.g., in 2019 and early 2023, dozens of
women/children) but still leaves many nationals in Syria.
Barriers to repatriation include security and
political concerns: governments fear that some returnees may radicalize
others or evade justice. Some demand iron-clad assurances that returning
families will be monitored or prosecuted before consenting to their
repatriation. Other hurdles are bureaucratic: many detainees lack valid travel
documents, and some countries claim they cannot identify their nationals.
Citizenship revocations have complicated matters: stateless individuals cannot
be sent “home.” Public opinion in many countries has often been hostile to
repatriation, pressuring leaders to take a hard line.
However, some policy shifts are emerging. In
late 2022 and 2023, there was renewed U.N. and allied emphasis on
reintegration. For example, the U.S. Counterterrorism Coordinator has publicly
urged allies to take back their citizens. (Repatriation from NE Syria & the Efforts to Counter
Violent Extremism)
The European Court of Human Rights (September 2022)
ruled that France’s blanket refusal to repatriate its grandchildren held by
ISIS violated the children’s human rights, creating pressure creating pressure on European
states. UNICEF and others are working on pilot projects to prepare families for
return and to support reintegration. NGOs emphasize that reintegration
successes often outweigh the risks, and many returnee children adapt well
in their home communities.
International cooperation remains limited. There is
no centralized global mechanism compelling repatriation. The SDF, overstretched
and unpaid for guarding ISIS families, depends on ad-hoc negotiations.
International organizations provide humanitarian aid in camps but have no
mandate to retrieve nationals. Cold regional politics also intrude: for years,
Syrian and Iraqi governments did not actively assist in processing foreign
captives. On the positive side, bilateral agreements have enabled some prisoner
exchanges (e.g. trade of foreign fighters for hostages). The Global Coalition
against “Daesh” has discussed repatriation, but consensus is lacking. Overall,
the policy landscape is characterized by slow progress and piecemeal efforts:
for every family repatriated, many more remain, essentially abandoned to a
limbo in Syria:
Repatriations Lag for Foreigners with Alleged ISIS Ties | Human Rights Watch
International Law and Human Rights
Conventions
International law addresses many facets of this
crisis. In non-international armed conflict, Common Article 3 of the Geneva
Conventions requires that all detainees be treated humanely.
This prohibits violence, torture, and degrading treatment of persons “not
taking an active part” in hostilities (which includes all camp residents,
especially women and children). The SDF, despite being a non-state actor, is
recognized as having the obligations of a party to conflict; it is bound by
both IHL and customary human rights law due to its de facto control. Thus, the
absolute ban on torture and cruel treatment (ICCPR Art. 7, CAT) applies. The
Nelson Mandela Rules (UN Standard Minimum Rules for Treatment of Prisoners)
likewise require minimum standards of detention and access to health and legal
process.
The Convention on the Rights of the Child (CRC)
is particularly relevant. Every child in these camps has rights that must be
upheld “in all circumstances” (CRC Art. 4). These include the right to
life (Art. 6) and to protection from neglect or abuse (Art. 19). Article 37
forbids arbitrary detention of children; Article 3 mandates that all actions
(by governments or other actors) be in the best interests of the child.
None of these safeguards is being met. The forcible separation of mothers and
children contravenes Article 9 (right to family unity), and pregnancy-related
protections (CRC Art. 24) are ignored. The children’s detention arguably
violates even the laws of war.
The International Covenant on Civil and Political
Rights (ICCPR) further prohibits arbitrary arrest and detention (Art. 9)
and requires fair trial guarantees (Art. 14). Present conditions flout these
obligations. The ICCPR also bans discrimination, yet camp policies discriminate
by nationality, gender and age (e.g. different rules for men vs. women). Human
Rights Committee General Comments underscore that deprivation of nationality
that cannot be contested is arbitrary, underscoring states’ duty not to strip
citizenship without due process.
Other treaties have importance. The Convention on
the Reduction of Statelessness (1961) prohibits revoking nationality if it
renders a person stateless. The Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW) obliges states to protect women’s
rights equally – implying scrutiny of any gender-based segregation in
detention. The CAT (Convention Against Torture) bans any act causing
severe pain or suffering; arbitrary separation of children or denial of medical
care could amount to inhuman treatment.
Finally, U.N. Security Council resolutions on
counter-terrorism (e.g. Res. 2396 (2017) and 2732 (2020)) call for “strengthened
efforts” to bring foreign fighters and family members under the rule of law,
whether by prosecution or reintegration. These resolutions reaffirm that the
most effective means to protect states is to either prosecute or repatriate
individuals, rather than leaving them in indefinite limbo. In practice,
however, these international instruments rely on state cooperation. To date,
there is neither universal agreement nor an enforcement mechanism to compel
reluctant countries to repatriate. Nevertheless, the legal framework is clear.
Table 1.
Selected legal obligations relevant to TCNs in NE Syria (IHL/IHRL and
conventions)
Instrument |
Key
provision |
Relevance |
Geneva
Conventions (I) Common Art. 3 |
Humane
treatment of non-combatants |
Binds
SDF; prohibits torture and arbitrary detention. |
ICCPR
(1966) Art. 9,14,26 |
Rights
to liberty, fair trial, non-discrimination |
Violated
by arbitrary detention, lack of due process. |
Convention
on the Rights of the Child (1989) Art. 3,9,37 |
Best
interest, family unity, no cruel treatment |
Children’s
rights to protection are ignored. |
Convention
on Torture (1984) Art. 2 |
Prohibition
of torture and CIDT |
Conditions
may amount to torture (water/shelter deprivation) |
Convention
on Statelessness (1961) Art. 8 |
No
nationality deprivation causing statelessness |
States
cannot strip citizenship arbitrarily; children risk statelessness. The
Children of ISIS |
UNSC
Resolutions 2178 (2014), 2396 (2017) |
Prevent
FTF travel; repatriate families |
Call
for return & rehabilitation of foreign fighters and families. |
Overall, third-country families in NE Syria find
themselves caught between contradictory obligations, the detaining
authorities justify holding them for “security,” while countries of nationality
invoke security to avoid repatriation. International law favors returning
these people to legal jurisdictions that can adjudicate or rehabilitate
them. The current status quo, indefinite detention of thousands with no trial, is
legally untenable under IHL, IHRL, and refugee law. The plight of these TCNs
remains one of the most complex humanitarian and legal challenges stemming from
the ISIS conflict.
About the Author: Tahir
Ali Shah is a humanitarian professional with over 20 years of experience
managing protection and development programs across South Asia, the Middle
East, and Africa. He has worked extensively in refugee response, child
protection, and humanitarian advocacy. He can be reached at tshaha@gmail.com
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